Sir Roger Singleton changes ISA legislation

Earlier this year we were informed you that the Children's Secretary, Ed Balls, had asked Sir Roger Singleton to check that the line was drawn in the right place in relation to the 'frequent' and 'intensive' elements of the Vetting & Barring Scheme, and subsequently, the individuals who are required to register with the Scheme.

Today, Ed Balls has accepted all of Sir Roger Singleton's recommendations, published in his report "Drawing the Line" and had agreed to make the necessary adjustments to the rules of the Scheme to ensure that it strikes the right balance between keeping the most vulnerable in our society safe from harm without being unnecessarily burdensome.

The main recommendations include:

• Where organisations such as Schools, clubs or groups make decisions as to which adults should work with their children, then the requierment to register with the VBS should apply, subject to the frequent and intensive contact provisions.
• The frequentcontact test should be met if the work with children takes place once a week or more (at present the test is if activity happens as often as once a month).
• The intensive contact test should be met if the work takes place on 4 days in one month or more or overnight (this change is designed to make the scheme easier to understand and put into practice, since at present the scheme is 3 times in every 30 days or overnight).
• Individuals who go into different schools or similar settings to work with different groups of children should not be required to register unless their contact with the same children is frequent or intensive.
• The minimum age of registration for young people who engage in regulated activity as part of their continuing education should be reviewed. The Government will make immediate changes to the rules so that 16, 17, and 18 year olds in education will not be required to register.
• Overseas visitors bringing their own groups of children to the UK, eg. to theinternaitonal camps or the Olympics, should have a three months exemption from the requirement to register for the work they do with children they have brought to the UK.
• Exchange visits lasting less than 28 days, where overseas parents accept the responsibility for the selection of the host family should be regarded as private arrangments and will not require registration.

You will see that the recommendations made by Sir Roger Singleton are clear in addressing some of the public concerns that have been raised through the press and media recently and the adjustments should increase clarity around which individuals are required to register.

We will continue to keep you informed as we are notified of developments to the Scheme and supporting guidance.

If you have any questions about the ISA Scheme or require general advice and guidance, please call CBS on 01443 799900.

CBS' ISA FAQ's - Part 1

Hi,

Welcome to the Complete Background Screening Independent Safeguarding Authority Frequently Asked Questions (CBS' ISA FAQs) Part One. Please check back soon for the second part.

The Independent Safeguarding Authority

The Home Office announced that from 12 October 2009 individuals will need to register with the Independent Safeguard Authority (ISA) if they are to work with children and/or vulnerable adults.

The CRB welcomes the launch of the new ISA service as it will enhance the current level of protection afforded by CRB. ISA will remove the most dangerous people from the children and vulnerable adults’ workforce and the CRB will continue to provide you with the person’s criminal record and other relevant information through the CRB check.

Through CBS, the CRB will provide you with a one-stop-shop to access both of these checks.

AS both the ISA and CRB are still in the development stages of the new scheme we may not be able to answer all of your questions. In the meantime, CBS have produced a set of questions and answers that we hope will explain what we currently know about the ISA service.

Your Questions Answered.

What does the acronym ‘ISA’ stand for?
The Independent Safeguarding Authority.

Who runs the ISA?
The ISA is a Non-Departmental Public Body set up by the Home Office to provide a new vetting and barring service for those working with children and vulnerable adults. The ISA is independent of government and run by Civil Servants.

What will the ISA do?
The ISA will assess relevant information on individual applicants and, where they believe this indicates that the individuals poses a risk, bar them from working in regular activity with children and/or vulnerable adults. However, it is important to understand that in carrying out this function the ISA will not be barring every single individual with any kind of criminal conviction or based on other information known about them. Only those who pose an obvious risk will be barred. To gain a full picture of an individual’s records employers will need to obtain a CRB check.

Does the ISA cover England, Wales, Scotland and Northern Ireland?
No. The ISA only covers England, Wales and Northern Ireland – Scotland has its own equivalent Scheme.

When will the ISA Scheme Launch?
12 October 2009

What has caused the delay?
This scheme – like any that aims to safeguard children or vulnerable adults – is still a very high priority with the Government. The launch date ensures that a full and robust testing regime can be followed s that the scheme will work properly from one day one of operation. Whilst it is important to ensure that the new scheme is brought as quickly as possible it is also vital to ensure that it can deal with the demand that it will create. The new launch dares takes this factor into account.

Will I need to have all my staff and volunteers who are working with the children and vulnerable adult registered with the ISA by the 12 October 2009?
No. The requirements to be registered with the ISA will be phased in over 5 years. No further details are available from the ISA at this stage.

Will it be illegal to employ someone who is not registered with the ISA?
Yes eventually, but organisations will be given up to 5 years to ensure all current employees and volunteers are ISA-registered.

How much will it cost for an individual to register with ISA?
While the CRB currently charge £36.00 for an Enhanced level CRB check, this will increase to £64.00 to include the Vetting and Barring Scheme. CBS currently charge an administration fee per application, with no registration or monthly fees. CBS are still considering how best to arrange a pricing structure for this service, however, as always CBS will clearly disclose all costs to clients and ensure that best price is matched with best practice.

Will volunteers have to pay the ISA registration fee?
No. Only the administration costs will be paid to CBS.

How can an employer check if someone is ISA-registered?
Using their registration status with CBS, there are two ways to carry out an ISA check - both require the consent of the individual.

1: Online: This will confirm whether or not the person is registered with the ISA

2: Enhanced CRB check: This will provide more information that the online check as it will reveal a person’s full criminal record, any other relevant information and the ISA registration status. If the person is barred it will also provide the reason(s) for that bar.

What happens if someone who is ISA-registered commits a serious offence and as a result becomes barred?
The individual’s ISA registration will cease.
An online ISA check will reveal that the individual is not ISA registered.
An Enhanced CRB check will reveal that the person is barred and the reason for that bar.

Will the ISA notify the employer that the individual’s ISA status has changed?
The ISA will notify all organisations who have registered an interest in the persons ISA registration status. In every case CBS will have registered an interest, therefore, all employers will be notified directly by CBS.

Does the ISA replace the Criminal Records Bureau?
No. The ISA is a new service that will enhance the current service to employers provided by the Criminal Records Bureau (CRB)

Does ISA replace the 3 current government lists of those banned from working with children and the vulnerable? (POCA, POVA and List 99)
Yes. The ISA will maintain two registers, one for the children and one for the vulnerable adult workforce.

What is the difference between the service offered by the ISA and the CRB?
The ISA will prevent the most unsuitable people from working with children and vulnerable adults by making it a legal requirement for everyone who is working with children or the vulnerable to be registered with the ISA. The CRB will continue to support employers by providing them with access to an individual’s full criminal record and other information so that they can assess the individual’s suitability for the particular post or position.

Does an ISA check replace a CRB check?
No. An ISA check will reveal if the person his registered and able to work with children and/or vulnerable adults.
A CRB check will reveal if the person has a criminal record or if any relevant non-conviction information.
A person could be registered with the ISA but still have a criminal record that if known by the employer would make the person unsuitable to do a particular job.

Will I still need to carry out CRB checks?
For those individuals registered with the ISA scheme, further Enhanced CRB checks will be at the employer’s discretion and organisations may still wish to apply for CRB Enhanced Disclosures to obtain and individual’s full criminal record. However, where there is a legal requirement to check or they are required by a regulatory body such as OFSTED, it is envisaged that existing statutory requirements for CRB Enhanced Disclosures will still apply. Please contact the relevant organisation(s) for more information.

How will individuals apply to register with the ISA?
Individuals in England and Wales will apply to the CRB, through one of its Registered Bodies, for registration with the ISA.

Individuals in Northern Ireland will apply through AccessNI.

Does this mean there will be a new CRB form?
Yes. You will be able to apply for ISA registration and a CRB check (including an ISA check) on the same form

When will the new application form be available?
The new application form will be available to customers in plenty of time for the launch of the ISA Scheme. This will provide customers time to train their staff and make any changes to their own system and procedures.

Will the criteria for Standard and Enhanced CRB checks need to change as a result of the ISA scheme?
Yes. If you currently apply for a standard CRB check on those working with children and/or vulnerable adults you will in future be entitled to an Enhanced CRB check.

An Enhanced CRB check will continue to be available to individuals who are not required to register with the ISA, for example those working within the Gambling Commission.

A Standard CRB check will be for all other positions covered by the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974 for example positions within the Security Industry and Finance Services.

Will the CRB be able to cope with the massive increase in demand for the new ISA checks?
Yes. The CRB has been fully involved in all discussions as a key partner and a stakeholder for the development of the ISA scheme. The CRB will be fully equipped and ready to administer the checks needed for the rollout of ISA registration.

Where can I go to get more information?
CBS will keep all clients informed updated with developments.

In the meantime, for information about the ISA and its new service please visit the ISA’s website http://www.isa-gov.org.uk/ or call CBS on 01443 799900.

Launch – 12 October 2009

From 12 October 2009, there will be some small changes to the way that you apply for CRB checks. This is the first phase of VBS and will provide increased safeguards that will further enhance the protection of children and vulnerable adults. The next phase, which will allow individuals to start, applying for ISA-registration, will be introduced next year on 26th July 2010.

Please check back soon for part 2

Contact CBS

0870 6082816 or email enquiries@cbscreening.co.uk or visit www.cbscreening.co.uk

Whats is a CRB Disclosure?

A Criminal Records Bureau (CRB) Disclosure is a document containing information held by the police and government departments. It can be used by employers and voluntary organisations to make safer recruitment decisions. Disclosures are provided by the Criminal Records Bureau (CRB), an executive agency of the Home Office.
The CRB Disclosure service offers organisations an opportunity to check the background of job applicants to ensure that they do not have a history that would make them unsuitable for the position applied.
CRB Disclosures produce a certificate detailing the national departments and organisations that have been investigated to obtain any relevant information, eg.
Police records of convictions, cautions, reprimands, and final warnings
Information from the list held under the Education Act 2002, ie. Department of Education & Skills
Protection of Children Act List
Protection of Vulnerable Adults list
any information which, in the opinion of a chief officer, might be relevant for the purpose and ought to be included in the certificate (Enhanced Disclosures only)
In most cases the information disclosed in a CRB certificate details the criminal history from the age of 17 as this is the age of criminal responsibility but it has been known to go back as far as age 10, depending on the crime and depending on the Police department in question who feel it relevant for the information to be disclosed.

Please note that CRB Dislcosures are available for eligible individuals only and are not freely available to enable a person to access their own criminal record. Should a CRB Dislcosure form be ordered from CBS where an individual is not eligible for this service, we retain the right to refuse.

About Criminal Record Checks

Detecting criminal convictions before job candidates are hired and represent your company is crucial in protecting your businesses reputation and integrity as well as individual's within your care. CBS can provide clarity and eliminate doubt of job applicants by undertaking Criminal Record Bureau Disclosures (CRB), providing invaluable, in depth criminal history to help you decide on the applicant's suitability for any given position.
This ability is critical to your success and your entire organisation. Our staff are highly trained and continually educated in the latest legislation effecting employment and capable of advising our customers on important hiring decisions so they can have confidence in their personnel.