Item four: ISA - for better or worse?

Matter for discussion submitted by the RCN Swansea Branch

That this meeting of RCN Congress discusses the introduction of the Independent Safeguarding Authority (ISA) register

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The Safeguarding Vulnerable Groups Act of 2006, which arose from the investigation into the Soham murders, recognised the need for a single agency to vet all individuals who want to work or volunteer with vulnerable people.

From October 2009, the Independent Safeguarding Authority (ISA) will commence assessment of every person who works with vulnerable people and all potential employers and volunteers will need to apply to register with the ISA.

Congress delegates held an informed discussion around the introduction of the ISA -they raised concerns around how the actual vetting process will be managed and around the lack of a right to appeal. Delegates asked for care to be taken to ensure that the ISA adheres to a clear and coherent system. It was felt that one system would be an improvement on the current situation, but that the system must protect both the vulnerable groups and the employee.

Background

Following the Soham murders in 2002, the Home Secretary commissioned Sir Michael Bichard to lead an independent inquiry into child protection measures, record- keeping, vetting and information sharing. Published in 2004, the Inquiry's recommendations led to the Safeguarding Vulnerable Groups Act 2006, which recognised the need for a single agency to vet all individuals who want to work or volunteer with vulnerable people.

The Independent Safeguarding Authority (ISA) has been created to fulfil this role across England, Wales and Northern Ireland, while in Scotland a similar vetting and barring scheme will be managed by a new Central Barring Unit. From July 2010, the ISA will commence assessment of every person who wants to work or volunteer with vulnerable people. It will do this by working closely with the Criminal Records Bureau, and using information previously found in the Protection of Vulnerable Adults (PoVA) list, the Protection of Children Act (PoCA) list, and List 99. All potential employees and volunteers will need to apply to register with the ISA; (or for scheme membership in Scotland) and employees will pay a one-off registration fee of £64 (£54 in Northern Ireland).

The scope of the scheme encompasses regulated activities (any activity - paid or voluntary - which involves contact with children or vulnerable adults) and controlled activities (frequent or intensive support work in general health settings, the NHS, further education settings, or support work in adult social care settings). It will be a criminal offence for an employer to take on a person in a regulated or controlled activity, having failed to check that person's status. However, an employer may permit a barred person to work in a controlled activity as long as safeguards are put in place.

The RCN has raised concerns about how the introduction of the ISA will fit with the NMC's public protection duty, and in October 2008 joined forces with other unions representing health and social workers to ask for urgent meetings with ministers and regulators to discuss the new ISA scheme. The unions have published a set of joint principles which include: a requirement for cross-border mechanisms to ensure UK-wide public protection, no duplication of regulatory mechanisms, low-paid workers should not be charged for registration, and that any barring process should adhere to the principles of natural justice.

Previously, the RCN has expressed disquiet relating to the PoVA and PoCA arrangements, and the seemingly arbitrary way decisions that stopped nurses working were made. In January 2008, in a case on behalf of four RCN members, the House of Lords held that the PoVA/PoCA provisional listing system was incompatible with Article 6 (the right to a fair hearing) and Article 8 (the right to family life) of the European Convention on Human Rights. The judgement applies to England and Wales, but is likely to have general applicability. The implications for the ISA barring scheme are now under consideration.