New safeguarding legislation

The Independent Safeguarding Authority (ISA) is a non-departmental public body working in partnership with the Criminal Records Bureau (CRB) created to help prevent unsuitable people from working with children and vulnerable adults. The ISA is part of the new Vetting and Barring Scheme in England, Wales and Northern Ireland.

What does this mean?

Individuals currently working or intend to work with children and vulnerable adults in either regulated or controlled activities will be required to undergo an enhanced vetting procedure.

It is now a criminal offence for individuals barred by the ISA to work or apply to work (paid or unpaid) with children or vulnerable adults in a wide range of posts.

It will be a criminal offence to take on someone for a regulated activity without checking their status under the vetting service and/or allow a barred individual to work in such an activity.

It will be mandatory to check the status of someone before they work or volunteer in a controlled activity.

Regulated or Controlled?

There is an important distinction between 'regulated activity' and 'controlled activity'.

'Regulated activity' is defined by the ISA as 'any activity of a specified nature that involves contact with children or vulnerable adults frequently, intensively and/or overnight.

'Controlled activity' is related to more limited areas of work such as Ancillary support workers in the NHS and further education settings, and those working for organisations who have frequent access to sensitive records about children, i.e. Local Authority.

For a detailed explanation regarding regulated and controlled activity and for more information please refer to www.isa-gov.org.uk

Implementation?

The ISA came into existence on 2 January 2008 and from October 2009, the increased safeguards will come into effect and will be rolled out over a period of 5 years.

Exceptions?

Yes; mostly those involved in 'domestic employment', such as nannies; that have been hired directly by private families.

If it is a nanny agency london for example, it is the responsibility of the agency to register them. However, if the nanny is through a private arrangement, the parents are not legally required to check their ISA status and there is no duty on the nanny to be registered.

This applies to all areas covered throughout England, Wales and Northern Ireland including London and other major cities.

Repercussions?

Fully enhanced safeguarding in childcare is crucial. Nannies are often in sole care of children, and it is imperative this form of childcare is safeguarded appropriately, in-line with all other forms of childcare available. All nannies have to be registered and vetted childcare agency in london are very efficient at this but private families should also be encouraged to check this.

The Vetting and Barring scheme has been criticised in recent months for various reasons, including this exemption, and is currently being reviewed.