ISA - The Independent Safeguarding Authority
MatSav
vetting service for people working with children and vulnerable
adults. It will be administered by the Independant Safeguarding
Authority, and the scheme is due for launch in Autumn 2008. Hopefully,
after checking to see if any of the information is embargoed, I'll be
able to post some more details.
fred
Please post any information you get. The ISA was set up after the
Safeguarding Vulnerable Groups Act 2006.
Hidden away in this act are in my opinion some alarming prospects.
It will be an offence to employ a person as an instructor or act as
an instructor if you have not registered with the ISA. Under the new
law there is no difference between paid and volunteers. On the face of
it this isn't a problem but in the real world I can think of dozens of
examples where the Scout group & sailing club I teach at could be
comitting an offence which could result in £5000 fine and 5 years in
prison.
A few days ago there was a post about the BBC story that red tape was
putting people off volunteering. Laws of this sort have been talked
about for almost a decade now and I have allways said that when there
is a risk that I may got to prison becuase someone has lost a form or
not sent it to the right palce I will quit. There is very little
guidance for voluntary groups out there at the moment and on my
current reading of the law after almost 20 years of scoutleading/
instructing/teaching etc this will be my last year as this law will
come into force in 2008.
MatSav
> On 4 Feb, 13:08, MatSav <matt.sav...@dti.npl.co.uk> wrote:
>
> > This Friday, I will be attending a seminar about the new barring and
> > vetting service for people working with children and vulnerable
> > adults. It will be administered by the Independant Safeguarding
> > Authority, and the scheme is due for launch in Autumn 2008. Hopefully,
> > after checking to see if any of the information is embargoed, I'll be
> > able to post some more details.
>
More later (probably tomorrow). If you want more information direct
from the ISA, take a look at <http://www.isa-gov.org/>. There will be
public information roadshows - dates on the home page of that web site.
peter...@googlemail.com
When it comes into force the crb and aa procedure will also be
changed.
Bill Oldroyd
Selectively copying from the factsheet :
In this factsheet the term ‘employers’ refers to both
employers and managers of volunteers. The term
‘employees’ refers to both paid and unpaid
(volunteer) work/activities.
Regulated activity :
Any activity of a specified nature that
involves contact with children or vulnerable
adults frequently, intensively and/or
overnight. (Such activities include teaching,
training, care, supervision, advice, treatment
and transportation.)
‘Regulated activity’ is when the activity is frequent
(once a month or more) or ‘intensive’ (takes place on
three or more days in a 30-day period).
• Anyone providing a regulated activity must be
registered with the ISA.
• It will be a criminal offence, punishable by up to
five years in prison, for a barred individual to take
part in a regulated activity for any length of time.
• It will be a criminal offence for an employer
to take on an individual in regulated activity
if they fail to check that person’s status.
• It will be a criminal offence for an employer to
allow a barred individual, or an individual who
is not yet registered with the ISA, to work for any
length of time in any regulated activity.
----
So all scout groups, being separate legal entities, will have to
register with the ISA and all people who are leaders, helpers etc.
will have to register with the ISA, and we will have to check
everyone who has contact with the youth members, even parents ?.
And if we screw up we go to jail ?. Ouch ?.
I don't think this has been thought through in terms of voluntary
organisations such as the scouts.
Bill
MatSav
news:V7idneA7DO6JwjHa...@pipex.net...
> MatSav wrote:
> registered with the ISA.
>
> . It will be a criminal offence, punishable by up to
> five years in prison, for a barred individual to take
> part in a regulated activity for any length of time.
>
> to take on an individual in regulated activity
> if they fail to check that person's status.
>
> allow a barred individual, or an individual who
> is not yet registered with the ISA, to work for any
> length of time in any regulated activity.
>
> ----
>
> So all scout groups, being separate legal entities, will have
> to
> register with the ISA and all people who are leaders, helpers
> etc.
> will have to register with the ISA, and we will have to check
> everyone who has contact with the youth members, even parents
> ?.
Yes, and No. Groups will need to register - probably through HQ,
as with the present CRB enquiry process where they are the
"Notified Body". For individuals, however, "frequently" has yet
to be defined . At today's seminar, it was suggested the
principle is that if the person providing the regulated activity
is in a position to build a relationship of trust, they must
register. Similarly, the "employer" MUST check that an individual
is registered with the ISA. Failure to check will be an offence.
>
> And if we screw up we go to jail ?.
Up to five years!
> Ouch ?
Responsibility will rest with the "head" of a registered
organisation (or, of course, the "head" of an employer that
fails to register!) - for instance, in a school, it will lie with
the Chairman of the Board of Governors. In a Scout Group, it will
presumably fall to the GSL. It was suggested that each provider
of regulated activity appoints a named person to have the
responsibility. I know of Groups without GSL's - I presume DCs
will nominate someone, or have to assume responsibility
themselves?
>
> I don't think this has been thought through in terms of
> voluntary
> organisations such as the scouts.
>
It has. Various stakeholders, including the Scout Association,
were (and still are) consulted.
A reasonable estimate is that about 11 million people will have
to be registered! Please DON'T PANIC. It will be a phased
introduction!
I'll post some more tomorrow. (I have asked the Info Centre if
they can publicise the ISA's URL in the Scouting Plus
e-newsletter.)
--
MatSav
Bill Oldroyd
The group or the SA is the notifed body -- the group doesn't get
notified of anything with respect to CRB.
This would switch the responsibility for checking from the
district to the group. As it will be on-line and free, that might
be an improvement. And then the group would be told immediately if
anyone became unsuitable.
> For individuals, however, "frequently" has yet
> to be defined . At today's seminar, it was suggested the
> principle is that if the person providing the regulated activity
> is in a position to build a relationship of trust, they must
> register. Similarly, the "employer" MUST check that an individual
> is registered with the ISA. Failure to check will be an offence.
I thought "frequently" was defined in the FAQ. Do you mean this
might be changed.
>> And if we screw up we go to jail ?.
>
> Up to five years!
>
>> Ouch ?
>
> Responsibility will rest with the "head" of a registered
> organisation (or, of course, the "head" of an employer that
> fails to register!) - for instance, in a school, it will lie with
> the Chairman of the Board of Governors. In a Scout Group, it will
> presumably fall to the GSL. It was suggested that each provider
> of regulated activity appoints a named person to have the
> responsibility. I know of Groups without GSL's - I presume DCs
> will nominate someone, or have to assume responsibility
> themselves?
>
>> I don't think this has been thought through in terms of
>> voluntary
>> organisations such as the scouts.
>>
>
> It has. Various stakeholders, including the Scout Association,
> were (and still are) consulted.
What worries me is the grey area of people who are helping on a
casual basis with a view to them becoming leaders or assistants in
the future. It would be truly dangerous if one could make a wrong
call and face a criminal conviction.
> A reasonable estimate is that about 11 million people will have
> to be registered! Please DON'T PANIC. It will be a phased
> introduction!
Sounds rather like big brother to me. By the time you have people
who have moved in and out of this work over time, half the
population would be covered.
> I'll post some more tomorrow. (I have asked the Info Centre if
> they can publicise the ISA's URL in the Scouting Plus
> e-newsletter.)
Thanks for what you have already posted.
Bill
marc
Free? For how long?
Badger
>
> Free? For how long?
For as long as they can keep expanding the scheme and bringing
commercial money in...A bit like the CRB, one day they will wake up to
certain organisations abusing their free & repeated checks, though the
ISA should stop that as well!
Steve
Have you spotted that this will apply to all those over 16, thus since
its highly likley that Scouting is a regulated activity, we would have
to register Explorers for monitoring as soon as they pass 16, or they
and the leader could face up to 5 years in jail.
Steve
> So all scout groups, being separate legal entities, will have to
> register with the ISA and all people who are leaders, helpers etc.
> will have to register with the ISA, and we will have to check
> everyone who has contact with the youth members, even parents ?.
>
> And if we screw up we go to jail ?. Ouch ?.
>
> I don't think this has been thought through in terms of voluntary
> organisations such as the scouts.
Me neither.
Look at the wording of the Act and you quickly come to the conclusion
that the Act will apply to almost all situations in clubs, societies
and organisations where those over 16 (who must be monitored) are in
contact with those under 18.
I would see it as inevitable that either ALL those over 16 in clubs,
societies and organisations (where those under 18 are present) will
need to register for monitoring or the under 18s are excluded to avoid
inadvertantly breaking the law and facing up to 5 years in jail.
We have the spectre of just about every person in the UK over 16 being
'monitored'
Steve
> This would switch the responsibility for checking from the
> district to the group. As it will be on-line and free, that might
> be an improvement. And then the group would be told immediately if
> anyone became unsuitable.
The organisation checking up on someone might well be able to do that
check for free.
But the Act does allow the ISA to chage the individual for the
privelege of being monitored.
With very large numbers of over 16s to be monitored, its difficult to
see how the monitoring can be free.
Steve
> For as long as they can keep expanding the scheme and bringing
> commercial money in...A bit like the CRB, one day they will wake up to
> certain organisations abusing their free & repeated checks, though the
> ISA should stop that as well!
Different set of goalposts though.
A CRB is not a legal requirement, so although there are significant
numbers carried out for volunteers, there are enough paid for ones to
cover the costs.
Since the ISA monitoring will be a legal requirement for just about
everyone over 16 in a club or society, the numbers of 'volunteers'
being monitored and having CRB checks done will increase by a very
great deal.
Anyone care to guess what effect that might have on the number of CRBs
being done for volunteers, will it rise by 10 or 20 times ?
anthony...@btinternet.com
Will this scheme mean an end for one person having to undergo multi
checks and hold several different crb certs, i.e a teacher who is also
a scout leader helping a youth club camp needing three crb certs?
Y.I.S. Tony
Bill Oldroyd
Well if that turns out to be the case it's time to call an end to
this madness.
Bill
Bill Oldroyd
> On Feb 8, 11:14�pm, Bill Oldroyd <b...@oldieshome.org.uk> wrote:
>
>> This would switch the responsibility for checking from the
>> district to the group. As it will be on-line and free, that might
>> be an improvement. And then the group would be told immediately if
>> anyone became unsuitable.
>
> The organisation checking up on someone might well be able to do that
> check for free.
>
> But the Act does allow the ISA to chage the individual for the
> privelege of being monitored.
No I think volunteers can also register for free.
> With very large numbers of over 16s to be monitored, its difficult to
> see how the monitoring can be free.
It's probably quite a simple computer transaction - enter ID
number and get a simple response Yes/No.
But the security issues start to look a bit horrific ...
Bill
Bill Oldroyd
Replying to myself ...
Just read about the national learner database for all over-14 year
olds !!!.
Bill
MatSav
An estimated ELEVEN MILLION people will need to be registered -
about a fifth of the UK population. And yes, Young Leaders will
need to be registered. And yes, registration will be "free" for
volunteers.
Members of management committees are a bit of a grey area. If
they have no direct contact with children or vulnerable adults,
and are not in a position where they can build a relationship of
trust with those groups of people, they may not need to register.
It will be possible to voluntarily withdraw from the register, if
you stop working with children or vulnerable adults.
I'm still drafting my "full" write-up of the seminar I attended.
More later.
--
MatSav
MatSav
> Steve wrote:
It is the case. See my other reply.
It will be the "head" of the organisation that employed the
16-year-old who will have responsibility for checking that the
young leader has registered - i.e. the GSL.
The registration process should only take five working days at
the CRB. Thus, Young Leaders should be primed to register
immediately they reach 16. There may, of course, be delays
elsewhere in the system :-(
--
MatSav
Steve
pipex | dot | com> wrote:
> It will be the "head" of the organisation that employed the
> 16-year-old who will have responsibility for checking that the
> young leader has registered - i.e. the GSL.
Yes.
Bur remember the 16 year old also commits an offence if they engage in
the regulated activity without having themselves registered for
monitoring.
Steve
> It's probably quite a simple computer transaction - enter ID
> number and get a simple response Yes/No.
Yes, but the process that needs to be followed to get that entry on a
database is not going to be so simple.
Its not clear to me, but it may be that to register for notification
the CRB process need to be followed first.
MatSav
The CRB will be an integral part of the process.
--
MatSav
Steve
pipex | dot | com> wrote:
> The CRB will be an integral part of the process.
So who is going to pay for the £400 Millions pounds worth of CRBs that
will be needed, if the number
of over 16s monitored is no more than the fairly conservative figure
of 11 million ?
Steve
> Well if that turns out to be the case it's time to call an end to
> this madness.
Indeed.
The definition of regulated activity is;
Activities
2 (1) The activities referred to in paragraph 1(1) are--
(a) any form of teaching, training or instruction of children, unless
the
teaching, training or instruction is merely incidental to teaching,
training or instruction of persons who are not children;
(b) any form of care for or supervision of children, unless the care
or
supervision is merely incidental to care for or supervision of persons
who are not children;
(c) any form of advice or guidance provided wholly or mainly for
children, if the advice or guidance relates to their physical,
emotional
or educational well-being;
(d) any form of treatment or therapy provided for a child;
(e) moderating a public electronic interactive communication service
which is likely to be used wholly or mainly by children;
Take an example of say a footbal club, chess club or kayak club that
has both adult and under 18s as members.
Can you be sure that the contacts that over 16s have with under 18s in
that environment do not constitute 'any form' of teaching, training or
instruction of children ?
Get it wrong and the penalties can be severe.
So whats likely to happen in such clubs that have under 18s as
members, monitor ALL the adult members or make the clubs over 18s
only ?
Bill Oldroyd
But Explorers covers 13.5 to 18.5 year olds, what is proposed
seems to imply that Explorers over 16 would have to be registered
and checked as they would be "working" with under 16's.
Bill
Steve
> But Explorers covers 13.5 to 18.5 year olds, what is proposed
> seems to imply that Explorers over 16 would have to be registered
> and checked as they would be "working" with under 16's.
Its more bizarre than that I think.
A 16 year old would need to be monitored if they are working with
anyone under 18 ......
This is to do with working with children, and I thought the definition
of that was up till the 18th birthday ......
marc
I'm currently studying a session that has a case study ot an
organisation created by the government to police an idea that a previous
government had implemented but not well. This case study was of an
agency ( so removed from government and civil service) that was set up
from scratch, with an untried computer system, new staff, that
inferfaced with both the public and government, had draconian powers and
was swamped by it's own workload. CSA mk2 anyone?
Rich
<anthony...@btinternet.com> wrote in message
news:76465021-cfee-4638...@s37g2000prg.googlegroups.com...
That is supposed to be one of the drivers. I hope it works, but then major
IT systems don't really have a glowing pedigree.
Rich
Steve
> Will this scheme mean an end for one person having to undergo multi
> checks and hold several different crb certs, i.e a teacher who is also
> a scout leader helping a youth club camp needing three crb certs?
Well the CRB themselves are saying that the ISA setup will not end the
requirement for multiple CRB checks, you still have to do those as
well.
See thier latest newsletter if you dont believe me;
http://www.crb.gov.uk/pdf/dn_january_08.pdf
Here the example given is that if someone has a serious drug
conviction their ISA status may not alter, so if you need to be sure
of keeping unsuitable people away from children then you have to check
their ISA status (its a legal requirement) AND do a fresh CRB
check ..........................
Its all madness
Steve
> I'm currently studying a session that has a case study ot an
> organisation created by the government to police an idea that a previous
> government had implemented but not well. This case study was of an
> agency ( so removed from government and civil service) that was set up
> from scratch, with an untried computer system, new staff, that
> inferfaced with both the public and government, had draconian powers and
> was swamped by it's own workload. CSA mk2 anyone?
The draconian powers of the new independant body do indeed appear
impressive.
I may have read the Act wrong but it appears to me that you can be put
on the banned list because some independant (i.e not accountable) so
called experts think you should be, and there is no requirement for
them to consider the role that you are actually in.
You can appeal against inclusion on the banned list of course, but
only if the ISA allow it, so you cant really.
You can appeal to the courts about being included on the banned list,
but only on a point of law or fact, you cannot question the judgement
of these experts.
I understand this to mean that if in the opinion of these so called
independant (i.e not accountable) experts that you are unsuitable to
work with children there is absolutly nothing you can do about it.
John Russell
>I understand this to mean that if in the opinion of these so called
>independant (i.e not accountable) experts that you are unsuitable to
>work with children there is absolutly nothing you can do about it.
Just like the Scout Association then. Isn't that the main plank of the
Scout Association's defence against predatory pedophiles?
--
John Russell
CSL 1st Pinhoe Exeter Devon
http://www.pinhoescouts.org.uk/cubs/
Cubs don't care how much you know, but they need to know how much you care.
Steve
> Just like the Scout Association then. Isn't that the main plank of the
> Scout Association's defence against predatory pedophiles?
The SA may as the employer decide that a reformed person with a drug
offence long in the past is OK to be a leader.
If the ISA experts decide that such a person is not suitable, then the
SA or the leader can do nothing about it, zilch.
I may have missed it in my reading of the Act but I cant recall a
section specifically specifying the limitations of the criteria these
'experts' can use to include persons on the banned list.
One hopes this independant authority dont go off mission in a Dr
Strangelove fashion ........................
Neil Williams
>One hopes this independant authority dont go off mission in a Dr
>Strangelove fashion ........................
Is there any evidence that they will, given that the "banned list" is
just to be a combination of existing lists (at least to start with)?
The major misgiving I have is independent funding. If it's such an
important thing, it should be funded as a government agency by the
taxpayer, IMO.
Neil
--
Neil Williams
Put my first name before the at to reply.
MatSav
> On Feb 4, 4:53 pm, fred <r1234567...@aol.com> wrote:
> > On 4 Feb, 13:08, MatSav <matt.sav...@dti.npl.co.uk> wrote:
> >
> > > This Friday, I will be attending a seminar about the new
> > > barring
> > > and vetting service for people working with children and
> > > vulnerable adults. It will be administered by the
> > > Independant
OK, here's some more snippets. Much of the information is
available from the web site, so this post is a bit like an "FAQ"
file.
Q. What do "employers" need to know?
A1. As an employer, you MUST NOT engage anyone to carry out
regulated activity who is not ISA-registered. To do so is
breaking the law.
A2. As an employer undertaking regulated activity, you MUST
always check a person's ISA status before employing them - you
cannot have them in post before you know the outcome of that
check.
A3. Once you've registered your interest in an individual as
their employer, you'll be contacted if their ISA registration
ceases.
Q. What do "employees" need ot know?
A1. If you want to work with children (or vulnerable adults),
you'll have to apply to become registered with the ISA.
A2. The process will be quick easy, and FREE [at the point of
delivery] if you're a volunteer. If you subsequently move into
paid employment undertaking regulated activity, a fee will become
payable.
A3. You will need proof of your identity.
A4. You'll only need to apply ONCE for registration, before you
start working [in regulated or controlled activity].
Q. Why set up the ISA?
A: The core purpose of the ISA is to prevent unsuitable people
from working with children and adults.
Q. Isn't that already done by the Criminal Records Bureau (CRB)?
A. Partly. The ISA will reform current vetting and barring
practices - such as List 99, the Protection of Children (POC)
list, the Protection of Vulnerable Adults (PoVA) List, and
disqualification orders from the courts. At present,
organisations such as Scouts are not required to use the CRB
disclosures, although many have chosen to use that system; CRB
disclosures are "interpreted" by employers. The new scheme will
be absolute - either registered, or barred.
Q. Will local checks and references still be required?
A. Employers retain their responsibility to ensure safe
recruitment and employment practices. The ISA is just one part of
a wider scheme. Advice can also be found from the "Staying Safe"
programme (a cross-governmental aproach) - and from the "Every
Child Matters" agenda.
Q. Aren't CRB disclosures and local enquiries enough already?
A. Clearly they are not. After the tragic events of the Soham
murders in 2002, there was an Inquiry and the resulting Bichard
Report. Recommendation 19 of that report said "New arrangements
should be introduced requiring those who wish to work with
children, or vulnerable adults, to be registered. The register
would confirm that there is no known reason why an individual
should not work with these client groups."
Q. What activities are covered by the scheme?
A. The Safeguarding Vulnerable Groups Act 2006 sets out the scope
of the scheme. It sets out two types of activity for which there
are requirements on employers and individuals:
regulated activity
and
controlled activity
Q. I'm not "employed", I'm a volunteer. Am I covered by the terms
of the Act?
A. Yes. No distinction is made between paid and voluntary work -
so you MUST comply with the regulations if you undertake a
regulated activity.
Q. What is a regulated activity?
A1. Any activity which involves contact with children or
vulnerable adults and is of a specified nature (e.g. teaching,
training, care, supervision, advice, treatment or transport) ...
frequently, intensively, and / or overnight.
A2. Any activity allowing contact with children or vulnerable
adults and is in a specified place (e.g. schools, children's
homes, etc) ... frequently or intensively.
A3. Fostering and childcare.
A4. Certain defined positions of responsibility (e.g. school
governor, director of children's services, trustees of children's
charities).
Q. What is meant by "frequently or intensively"?
A: The general premise is that this is an activity which is
sufficiently sustained for the person providing the activity to
build a relationship of trust. Examples include a course of
instruction (say, in swimming) where it may be a one-off
occasion, but spread over closely spaced days - such as might
happen during a half-term break, or a field trip - or weekly club
meetings such as Scouts, Guides,
football clubs, etc.
Q. What does regulated activity mean for my organisation?
A. The organisation (employer) providing regulated activities has
duties to ensure that:
- a barred individual MUST NOT undertake regulated activity
- individuals undertaking regulated activity MUST be
ISA-registered
- they MUST NOT engage in regulated activity a barred person or a
person who is not ISA-registered
- they MUST check that a prospective employee who will undertake
regulated activity is ISA-registered.
Q. Who is "the employer"?
A. The head of the organisation employing the individual.
(Presumably, for Scout Groups, this will be the GSL- or it may be
the District Commissioner, as Leadership appointments are made by
the District, not the Group).
Q. Are there any exceptions to the terms of the Act?
A. Partly. Personal and family relationships are not covered;
neither is it necessary for "Domestic employment circumstances".
It will not be mandatory for employers in domestic circumstances
to check their employees, but they can.
Q. What is meant by "Domestic employment circumstances"?
A. Those employed by domestic employers (e.g. parents taking on a
home tutor or an au pair), and the self-employed (e.g. sports
coaches).
Q. So, if I'm a barred person, I can become self-employed and
still undertake regulated activity?
A. NO. A barred person MUST NOT engage in this employment.
Q. What is a "controlled activity"?
A. This is tightly defined:
A1. Ancillary support workers in the National Health Service
(NHS) and Further Education (FE) settings - e.g. cleaner,
caretaker, catering staff, receptionist) with frequent or
intensive contact with children or vulnerable adults ...
A2. Those working for specified organisations (e.g. a Local
Authority) with frequent access to sensitive records about
children.
Q. My organisation undertakes controlled activity, What MUST the
organisation do?
A. It will be mandatory to check the ISA status of individuals in
controlled activity.
Q. Can a barred person undertake controlled activity?
A. Yes, providing safeguards have been put in place. However, a
barred person MUST NOT undertake regulated activity.
Q. What other duties fall upon an employer?
A1. Employers, professional and regulatory bodies, and child
protection teams in Local Authorities will be under a duty to
refer relevant information to the ISA in certain circumstances.
A2. In other circumstances, employers may refer information
regarding an individual's conduct to the ISA (this may include
suspicion, but no substantial proof).
Q. How will it work - who makes a barring decision?
A1. The ISA will decide who to place on the barred lists, and
maintain the barred lists. They will consider representations,
and comprise a balance of different expertise.
A2. The threshold for inclusion on the barred list is NOT the
same as that required as the burden of proof by a court.
Decisions will be made on the balance of probability.
Q. There are more than three different lists at the moment - what
are the routes to becoming barred?
A1. An Automatic Bar, without representation, for certain
convictions or police cautions. (Note: The list of "qualifying"
offences is very short).
A2. An Automatic Bar, with representation (that is, a chance to
appeal the decision)
A3. A Bar based on case assessment.
A4. It is important to realise that Barring does NOT only include
predatory paedophiles.
Q. Is there more than one classification on the register?
A. Yes - there will be two registers; one relates to working with
children, the other with vulnerable adults. Only one application
will be required, however - provided the applicant specifies that
they want to be included on both registers. It is possible that
somone could be barred from one category, but not the other.
Q. Are faith leaders included in the scope of the Act?
A. They are NOT defined as undertaking controlled activities, but
they may be undertaking regulated activities (which then means
they must register).
Q. Can a barred person be ISA-registered?
A. NO.
Q. How will the process operate?
A1. The CRB will receive applications for ISA registration,
gather and monitor information for the ISA; administer automatic
inclusions on the list and cases where there is no information
(e.g. foreign nationals); and provide the facility for online
checks and continuous updates.
A2. The status of individuals will be continuously updated upon
receipt of new information, such as new convictions or referrals
from employers.
A3. Employers will be notified, where they have registered an
interest, if the status of their employee changes.
A4. Employers can thus be confident that a registered person has
been checked; that all known information about that person has
been included on the register; and that the details are
continuously maintained.
Q. Do I need to have more than one registration?
A. No. Unlike the present Disclosure system from the CRB, where
each employer or organisation may ask for a separate disclosure,
the ISA registration is fully portable (because it is to be
maintained).
Q. What will the online enquiry show to my employer?
A. It will either show you are ISA-registered or not. There
could be three reasons why you are not registered - you may not
have applied, you may have voluntarily withdrawn your
registration, or you may be barred.
Q. Will the Register include details of non-EU Nationals?
A. Hopefully, yes. Authorities across the world are sharing
information about convictions that relate to risks to children.
The Republic of Ireland, and Australia, have already agreed to a
Mutual Recognition Agreement of registers and barred lists, and
work is progressing with the United States of America. It is
important to realise that even within the EU, some countries have
a lower Age of Consent (13) to sexual activity - but any
suspicious activity may still be recorded by the authorities in
those countries.
Q. Where does the scheme operate?
A. England and Wales. There is separate legislation and
arrangements for Scotland and Northern Ireland, although both
systems mirror those of the ISA.
Q. At what age does the duty to register fall on individuals?
A. 16. Young Leaders, Junior Coaches, and similar, all fall
within the scope of the Act. However, "children" includes persons
under 18 years of age.
Q. How many people are expected to fall under the terms of the
Act?
A. An estimated 11 million people, about 20% of the UK
population, will be registered or barred.
Q. How long will all of this take? There were known problems with
delays in the CRB Disclosure process at inception, due to the
number of teachers that needed checking.
A. Introduction of the scheme will be phased. Consultation is
under way as to how that phasing should be implemented, but it
will NOT be "sector specific" (i.e. all teachers first, then all
nurses, then volunteers, etc...). It is likely that the first
people who will need to register will be "new entrants" - that
is, employees or volunteers who have not had a CRB Disclosure;
and those who are moving jobs into a new post or volunteer
position.
Q. When does the scheme begin?
A. There is an expected launch of the scheme in Autumn 2008;
there should be an announcement by the Secretary of State in
March 2008.
Q. I want to volunteer NOW, not in a few months. How long will it
take to become registered?
A. It is expected that the process will be complete within five
working days from receipt of the ISA registration application.
Q. What are the penalties for failing to comply with the Act?
A. Up to five years imprisonment.
Hope this helps!
--
MatSav
MatSav
news:bbf80d03-72db-440a...@e10g2000prf.googlegroups.com...
That's a possible interpretation. While there will be a legal
requirement for an employer to check ISA registration, there is
still no compulsion to use the CRB Disclosure as an employer's
safeguard in the voluntary sector. As I understand it, employers
may choose to use that process in addition to checking the ISA
registration - but they don't have to.
--
MatSav
Steve
pipex | dot | com> wrote:
> "Steve" <steviephil...@yahoo.co.uk> wrote in message
> That's a possible interpretation. While there will be a legal
> requirement for an employer to check ISA registration, there is
> still no compulsion to use the CRB Disclosure as an employer's
> safeguard in the voluntary sector. As I understand it, employers
> may choose to use that process in addition to checking the ISA
> registration - but they don't have to.
Well we dont have to do them at the moment in the SA, but we seem to
do an awful lot of them.
As we have often discussed on here, since they are free (to us) the
prevalent attitude seem to be to do them at every opertunity.
Will that really change ?
chris.5th
pipex | dot | com> wrote:
> Q. What are the penalties for failing to comply with the Act?
>
> A. Up to five years imprisonment.
>
> Hope this helps!
>
> --
> MatSav
In the real world, a dad who comes along to cub camp at the last
minute will still come along even if they are not CRB'd. It's not
perfect, it is not right but it is the way we seem to operate. We are
"only" breaking POR and I am sure that lots of groups do it.
From now on... it is the law... importantly... anybody activity which
is
sufficiently sustained for the person providing the activity to
build a relationship of trust. requires this ISA permit.
so... no permit.. no camp. That is final.
Egroeg the Niffirg
How's it going to affect parents giving lifts to and from camp or
other events?
--
George
Alas poor sig, I knew it well.
chris.5th
wrote:
will they have the chance to build a position of trust? If we arrange
parents to give lifts, we insist they have a CRB now. This will be
unchanged. If a parent arranges it... it's up to them If we arrange
it... they must be ISA'd
Neil Williams
> But Explorers covers 13.5 to 18.5 year olds, what is proposed
> seems to imply that Explorers over 16 would have to be registered
> and checked as they would be "working" with under 16's.
I think that is a question of interpretation, which no doubt HQ will
do for us to cover things like 16-18.5 ES and 17.5-18 SN[1]. It
depends rather on the definition of activity - is that the actual
leading or the whole event? (I think we're automatically using our
definition of "activity" as the whole thing, and even having read the
entire law it's not clear what it means).
It seems rather silly that a 16 year old would need to be checked
before engaging in such an activity with a 17.5 year old, especially
if nominally none of the above "activities" take place.
[1] The latter will to an extent be provided for by the former, in the
sense that the 17.5-18 flexibility on Network only exists for those
transferring from ES, so if it does apply to membership rather than
leadership the 17.5 ES coming up to Network will already be
registered, and thus, over time, so will the Networkers (who should
themselves be CRBed anyway).
Neil
Neil Williams
> will they have the chance to build a position of trust? If we arrange
> parents to give lifts, we insist they have a CRB now. This will be
> unchanged. If a parent arranges it... it's up to them If we arrange
> it... they must be ISA'd
We always let the parents arrange anyway. It's easier not having to
co-ordinate it ourselves, and they are usually happy to do so.
In a way it makes sense that it is specifically applied to transport -
it would be by far the easiest way to abduct a child, especially as
it's one of the few situations when 1 adult actually tends to be
completely alone with 2-4 kids.
Neil
Bill Oldroyd
I think the more important issue is whether they are a safe driver
who will drive responsibly with other people's children in the car.
Bill
Neil Williams
> I think the more important issue is whether they are a safe driver
> who will drive responsibly with other people's children in the car.
And that is something that isn't really within the remit of the ISA,
unless you want to make things *very* regulated.
Neil
Neil Williams
| pipex | dot | com> wrote:
> Q. What are the penalties for failing to comply with the Act?
>
> A. Up to five years imprisonment.
"Up to" being important. If you read the actual Act, that is not the
punishment for all offences. Many of them are punishable only by a
fine - I think (but don't have it to hand to check) that the
punishment for employing an unregistered but not barred individual is
lower than the punishment for engaging in regulated activity as a
barred individual.
Neil