Independent Safeguarding Authority
Encyclopedia
The Independent Safeguarding Authority (ISA) is a British
non-departmental public body
created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard
that was set up in the wake of the Soham Murders
. The ISA was to oversee a new Vetting and Barring Scheme in England
, Wales
and Northern Ireland
, which was to have required all those working with vulnerable groups to undergo an enhanced vetting
procedure before being allowed to commence any relevant duties.
On 15 June 2010, the new coalition government Home Secretary Teresa May
announced that plans under which all new applicants for jobs working with children and the vulnerable along with those changing posts would have to register with the Independent Safeguarding Authority were being halted and that the Vetting and Barring Scheme would be severely "scaled back". This will save the UK taxpayer around £100 million a year. The Home Secretary went on to say that the protection of Children and Vulnerable Adults would from here on focus upon "common sense" rather than the measures Labour introduced. She said that "what we have got to do is actually trust people again [and that the philosophy behind the setting up of the ISA was based upon an assumption that] you were assumed to be guilty, in a sense, until you were proven innocent and told you were able to work with children."
A review into the Vetting and Barring Scheme was published on 11 February 2011. This made recommendations for the merger of the Criminal Records Bureau
and Independent Safeguarding Authority into one non-departmental public body
, responsible for barring individuals and completing criminal record checks. Under the Protection of Freedoms Bill, the new scheme will not require registration, nor in most cases will any details be retained on a database. The exception will be for those who are barred, whether this be on the basis of a crime or on the basis of 'soft intelligence', eg: a dismissal by an employer. This has led to continued criticism from a variety of organizations.
"New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register – perhaps supported by a card or licence – would confirm that there is no known reason why an individual should not work with these client groups. The new register would be administered by a central body, which would take the decision, subject to published criteria, to approve or refuse registration on the basis of all the information made available to them by the police and other agencies. The responsibility for judging the relevance of police intelligence in deciding a person’s suitability would lie with the central body"
Of note in this recommendation is the use of the double-negative, "no known reason why an individual should not work with these client groups". This to say the ISA from its inception was not designed to clear individuals as "suitable" for work with vulnerable groups but to remove those who pose a known risk.
Proposals to implement the recommendations were put to public consultation on 5 April 2005. The results of this exercise were announced by the Rt Hon Ruth Kelly
, the Secretary of State
of the Department for Education and Skills, on 19 January 2006 and were translated into primary legislation
, the Safeguarding Vulnerable Groups Act 2006
, which received royal assent
on 8 November 2006. Within the act the ISA is referred to as the Independent Barring Board; it had been known as the ISA since August 2007, but was only formally renamed following royal assent for the Policing and Crime Bill in 2009. The Safeguarding Vulnerable Groups Act only covers England and Wales but comparable legislation has been passed to cover Northern Ireland and Scotland. The Department for Children, Schools and Families
, as it was then known held further consultations.
defines two categories of work (whether paid or not) that fall within the scope of the Act: regulated and controlled activity.
, etc.). For the activity to be regulated activity it must take place on a frequent or intensive basis. Regulated activity also covers fostering and childcare (but not adoption
). A "child" is defined as anyone under 18, except in employment settings, where the age limit is 16.
In addition, there are a number of defined “office holders” position, where a prescribed post-holder is deemed as engaging in regulated activity irrespective of their actual contact with vulnerable groups. This list includes such people as a Local Authority Director of Children’s Services, trustees of children’s charities and school governors
.
No distinction is made between paid and voluntary work.
when employed directly by parents or individuals involved in the direct payments
scheme. The policy on this was confirmed in the Government's Response to the ISA scheme Consultation Document in May 2008.
It will be mandatory to check the ISA registration status of individuals in controlled activity; although it will be possible to employ a barred person, providing sufficient safeguards have been put in place.
. It largely retains these functions but from 2012 will be entirely merged with the CRB. Once operational the Vetting and Barring Scheme as originally designed would have required all those engaged in regulated or controlled activity to register and have their registration status checked. It would not have been possible to 'opt-out' of the Scheme and there would have been criminal offences for non-compliance on both the employer and employee. These now only apply in the case where a barred individual seeks or attains work.
Those successful in the original application process would have been provided with a unique reference number and employers would have had to verify potential employee's membership before allowing them to commence their duties; via a free online check,. Estimates at the time stated that the number who would have been required to register would have been approximately 11.3 million people (or a quarter of the adult population). This was criticised in the press in 2009 as a proposal to create the most intrusive database ever created in a democracy.A quarter of adults to face 'anti-paedophile' tests.The Daily Telegraph
, 26 June 2008. As described later these initial proposals were then withdrawn after this press hostility, led to the government creation of the Singleton Review (2009) and a subsequent review led by Eileen Munro (2010).
The cost of registration was originally set at £64 per person except for volunteers for whom it would have been free of charge. These fees were also withdrawn when the requirement to register was abandoned in 2010. At this point the ISA barred list was reshaped to be simply a list of those barred, accessible to employers and certain others, more akin to its predecessor 'list 99'.
The definition of volunteer remains that used by the CRB: "a volunteer is a person who is engaged in any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives" -.
Other aspects of the original design have been retained since the Singleton Review. The ISA owns and maintains two lists (one covering the children's sector and one to cover the adults') of those barred from working with vulnerable groups, which replaced previous barred lists (List 99
, the Protection of Children Act
1999 (PoCA), the scheme relating to the Protection of Vulnerable Adults (PoVA) and Disqualification Orders). Inclusion on these barred lists is as a result of either an automatic bar (following a police caution
or conviction
or following a discretionary bar, typically following dismissal, or resignation where dismissal was possible, following an act of gross misconduct at work, although there are other potential reasons. secondary legislation). These decisions are taken by the ISA.
The ISA base their decisions upon information from a range of sources including, but not limited to, that held by the police (both locally and that on the Police National Computer
), local authorities, social services, regulatory organisations (such as the General Medical Council
or the General Teaching Council for England
) and supervisory authorities (such as Ofsted
). They also receive cases directly from employers. Employer referrals constitute the largest number of cases considered for discretionary barring. They do not receive cases directly from individuals. Where cases are not clear, decisions are escalated within the ISA with final decisions being made by the board, which is chaired by former Chief Executive for Barnardo's
, Roger Singleton
.
The ISA are able to consider information other than that which has led to cautions or convictions. These can include unproven allegations from former employers, professional bodies, members of the public or stories in the press. However referral information, such as allegations, does not lead to automatic inclusion on the ISA Barred Lists; before a barring decision is made, the individual is given the information on which the decision is
based and the opportunity to explain their case. However, there is no hearing process. This has caused some controversy see below. Case workers will be allowed to "undertake appropriate research" on "internet chatrooms or social networking websites", although the published guidance on the ISA's Decision Making Process and the Safeguarding Vulnerable Groups Act 2006
state that the ISA has to be satisfied that "relevant conduct" has occurred before being able to consider any other factor. The Safeguarding Vulnerable Groups Act 2006
defines relevant conduct as:
The philosophic burden of proof
to whether an event occurred is "on a balance of probability", as used in civil trials, rather than "beyond reasonable doubt"
as required in criminal trials. Case assessment within which risk factors such as obsession with sex or violence, "presence of severe emotional loneliness and/or the inability to manage/sustain emotionally intimate relationships with age-appropriate adults", "links with anti-social peers", "presence of impulsive, chaotic, unstable lifestyle" or "using substances or sex to cope with stress" will only be considered in relation to the "relevant conduct".
). ISA-registration does not replace CRB disclosures. From 2012 the ISA and CRB will be merged into a single organization.
on barring decisions taken by ministers under current schemes. From 20 January 2009, barring decisions in England and Wales began to be taken by the ISA, taking responsibility from the Secretary of State
and was extended to Northern Ireland from 13 March 2009. On 20 February 2009 detailed guidance on the ISA's decision making process was published. From 12 October 2009, increased safeguards came into effect with around five million more jobs and voluntary positions – including most National Health Service
jobs - covered by the barring arrangements. The additional safeguards are:
The original intention had been that from 26 July 2010, all new entrants to roles working with vulnerable groups and those switching jobs to a new provider within these sectors would be able to register with the VBS and be assessed by the ISA. Employers would have been able to check registration status online to subscribe to be notified if an employee's registration status changes. Both the ability and requirement to register were withdrawn in 2011 following the Singleton and Munro Reviews. The lists are still maintained and it remains an offence to employ a person in regulated activity who has been barred by the ISA or for that person to seek work.
called the scheme "outrageous, demeaning and insulting" and said he would no longer appear in schools because of it: "When you go into a school as an author or an illustrator you talk to a class at a time or else to the whole school. How on earth – how on earth – how in the world is anybody going to rape or assault a child in those circumstances? It's preposterous." Author and screenwriter Frank Cottrell Boyce
said: "As an author you're never alone with a class. There's no possible reason for this, unless it's a revenue-raising scam." Former children's laureate Anne Fine
said: "I refuse – having spoken in schools without incident for 32 years, I refuse to undergo such a demeaning process. It's all part of a very unhealthy situation that we've got ourselves into where all people who are close to children are seen as potential paedophiles." Lindsay Mackie, representing the literary charity English PEN, said: "The signal to children that the public space is to be defined as a potentially dangerous space – where the values of the worlds where the visitors work, whether it's in writing or engineering or family, are secondary to the definition of the adult as "vetted" or "safe" – is limiting and fearful. We are creating paranoia."
Others have questioned the usefulness of the scheme, pointing out that it could not have prevented the Soham murders in the first place because the perpetrator, Ian Huntley, knew the victims through his girlfriend, not his job.
, Chief Adviser on the Safety of Children and the Chair of the ISA, produced his ‘Drawing the Line’ report, to check that the Government had drawn the line in the right place in relation to the requirement to register. In December 2009 the Government accepted all of the recommendations found in ‘Drawing the Line’.
The report included clarification in a number of areas:
The DCSF has published a Vetting and barring myth buster to further clarify the requirements of the scheme.. However, this factsheet has been challenged as being rather simplistic and one-sided by several of the unions and professional associations that represent those most effected by the ISA. From 2009 onwards these organizations produced a large amount of documentation in the form of statements, conference resolutions and advice either clarifying or challenging the ISA's own publications. Some of these are referenced here, including some of those written by: the Royal College of Nursing
(nurses union); National Union of Teachers
(NUT), The National Association of Schoolmasters Union of Women Teachers (NASUWT) and Unison
(the union for non-teaching staff in schools). Interestingly even as a small sample of responses from different unions and associations, there are significant differences within the opinions expressed and positions adopted, with the RCN and specific branches of the NASUWT seemingly taking the strongest oppositional stance. This perhaps indicates quite how complex the child protection debate in the UK currently is.
In 2010 the government, partly in response to pressure from those organizations mentioned above, launched a second review of the Independent Safeguarding Authority led by Professor Eileen Munro of the Department of Social Policy, The London School of Economics and Political Science(LSE). Following this Munro review in 2011 the requirement to register was withdrawn entirely. It was also announced that the ISA would be merged with the CRB from 2012. The ISA's role is now to maintain lists that can be accessed by employers and certain other bodies of who is barred from working with either children or vulnerable adults.
. Philip Pullman
remains one of the most vociferous critics accusing the government of using the Soham murders
as a 'scare story' to scare the British public into accepting such intrusive database.
The most visible opposition to the ISA has come from the large nurses union, the Royal College of Nursing
. This has included successful legal cases brought by the Royal College of Nursing
(widely known as the RCN) in 2010. Several individual journalists and campaigning organizations have also continued to voice criticisms. These have included 'Civitas
' and 'the Manifesto Club' run by the journalist Josie Appleton. Criticisms or concerns that have commonly been raised regarding the structure of the Independent Safeguarding Authority include that: a person can be barred without a hearing; there is no minimum standard of evidence, there is no legal support available to those who are 'minded to bar', right of appeal is limited, there is only a single sanction of barring for 10 years (for anyone aged over 25) and the refusal of the Independent Safeguarding Authority to use the word 'sanction' to describe the barring process. These formed the basis of the RCN's cases. These organizations also continue to question the basis upon which the Independent Safeguarding Authority was created, asking whether a bureaucratic solution to child protection issues is realistic or sensible. The ISA has been accused by its most vociferous critics in broadsheets such as the Guardian
of being 'unethical' and 'Orwellian'. Both the RCN and these campaigning groups even ask whether it creates further problems by creating a 'climate of fear' amongst professionals, while simultaneously creating 'an illusion of security' amongst the public in general. To this end they have pointed out that recent cases of peadophile offences in schools such as those committed by Vanessa George in Plymouth - 2010 were not and could not have been prevented by any form of database as in these cases and others like them the offender had no previous criminal or disciplinary record. This debate seems likely to continue especially as neither the pro or anti viewpoint regarding the expansion of such systems has been claimed by any political party or conventional political standpoint right or left.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard
Michael Bichard
Michael George Bichard, Baron Bichard, KCB, is a former public servant in the United Kingdom, first in local and then as a civil servant in central government. He currently serves as the Director of the Institute for Government and as Chair of the Design Council...
that was set up in the wake of the Soham Murders
Soham murders
The Soham murders was an English murder case in 2002 of two 10-year-old girls in the village of Soham, Cambridgeshire.The victims were Holly Marie Wells and Jessica Aimee Chapman...
. The ISA was to oversee a new Vetting and Barring Scheme in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, which was to have required all those working with vulnerable groups to undergo an enhanced vetting
Vetting
Vetting is a process of examination and evaluation, generally referring to performing a background check on someone before offering him or her employment, conferring an award, etc...
procedure before being allowed to commence any relevant duties.
On 15 June 2010, the new coalition government Home Secretary Teresa May
Teresa May
Teresa May is an English glamour model.In 1997, she appeared in the music video for The Prodigy's single "Smack My Bitch Up". She moved into acting later in her career in B movies such as Exterminator City and One Man and his Dog....
announced that plans under which all new applicants for jobs working with children and the vulnerable along with those changing posts would have to register with the Independent Safeguarding Authority were being halted and that the Vetting and Barring Scheme would be severely "scaled back". This will save the UK taxpayer around £100 million a year. The Home Secretary went on to say that the protection of Children and Vulnerable Adults would from here on focus upon "common sense" rather than the measures Labour introduced. She said that "what we have got to do is actually trust people again [and that the philosophy behind the setting up of the ISA was based upon an assumption that] you were assumed to be guilty, in a sense, until you were proven innocent and told you were able to work with children."
A review into the Vetting and Barring Scheme was published on 11 February 2011. This made recommendations for the merger of the Criminal Records Bureau
Criminal Records Bureau
The Criminal Records Bureau , is an Executive Agency of the Home Office, which provides wider access to criminal record information through its Disclosure service for England and Wales...
and Independent Safeguarding Authority into one non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
, responsible for barring individuals and completing criminal record checks. Under the Protection of Freedoms Bill, the new scheme will not require registration, nor in most cases will any details be retained on a database. The exception will be for those who are barred, whether this be on the basis of a crime or on the basis of 'soft intelligence', eg: a dismissal by an employer. This has led to continued criticism from a variety of organizations.
Background
The Bichard Report was published on 22 June 2004 and made 31 recommendations, of which recommendation 19 called for a new registration scheme and stated:"New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register – perhaps supported by a card or licence – would confirm that there is no known reason why an individual should not work with these client groups. The new register would be administered by a central body, which would take the decision, subject to published criteria, to approve or refuse registration on the basis of all the information made available to them by the police and other agencies. The responsibility for judging the relevance of police intelligence in deciding a person’s suitability would lie with the central body"
Of note in this recommendation is the use of the double-negative, "no known reason why an individual should not work with these client groups". This to say the ISA from its inception was not designed to clear individuals as "suitable" for work with vulnerable groups but to remove those who pose a known risk.
Proposals to implement the recommendations were put to public consultation on 5 April 2005. The results of this exercise were announced by the Rt Hon Ruth Kelly
Ruth Kelly
Ruth Maria Kelly is a British Labour Party politician of Irish descent who was the Member of Parliament for Bolton West from 1997 until she stood down in 2010...
, the Secretary of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
of the Department for Education and Skills, on 19 January 2006 and were translated into primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
, the Safeguarding Vulnerable Groups Act 2006
Safeguarding Vulnerable Groups Act 2006
The Safeguarding Vulnerable Groups Act 2006 is an Act of the Parliament of the United Kingdom. It was created following the UK Government accepting recommendation 19 of the inquiry headed by Sir Michael Bichard, which was set up in the wake of the Soham Murders.The Safeguarding Vulnerable Groups...
, which received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 8 November 2006. Within the act the ISA is referred to as the Independent Barring Board; it had been known as the ISA since August 2007, but was only formally renamed following royal assent for the Policing and Crime Bill in 2009. The Safeguarding Vulnerable Groups Act only covers England and Wales but comparable legislation has been passed to cover Northern Ireland and Scotland. The Department for Children, Schools and Families
Department for Children, Schools and Families
The Department for Children, Schools and Families was a department of the UK government, between 2007 and 2010, responsible for issues affecting people in England up to the age of 19, including child protection and education...
, as it was then known held further consultations.
The Safeguarding Vulnerable Groups Act
Along with creating the ISA, the Safeguarding Vulnerable Groups Act 2006Safeguarding Vulnerable Groups Act 2006
The Safeguarding Vulnerable Groups Act 2006 is an Act of the Parliament of the United Kingdom. It was created following the UK Government accepting recommendation 19 of the inquiry headed by Sir Michael Bichard, which was set up in the wake of the Soham Murders.The Safeguarding Vulnerable Groups...
defines two categories of work (whether paid or not) that fall within the scope of the Act: regulated and controlled activity.
Regulated activity
Regulated activity is the primary area of work covered by the Act and broadly deals with all those who have direct contact with vulnerable groups. Specifically, regulated activity covers 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); or any activity allowing contact with children or vulnerable adults and is in a specified place (e.g. school, Children’s homeOrphanage
An orphanage is a residential institution devoted to the care of orphans – children whose parents are deceased or otherwise unable or unwilling to care for them...
, etc.). For the activity to be regulated activity it must take place on a frequent or intensive basis. Regulated activity also covers fostering and childcare (but not adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
). A "child" is defined as anyone under 18, except in employment settings, where the age limit is 16.
In addition, there are a number of defined “office holders” position, where a prescribed post-holder is deemed as engaging in regulated activity irrespective of their actual contact with vulnerable groups. This list includes such people as a Local Authority Director of Children’s Services, trustees of children’s charities and school governors
School governors
In England, Wales and Northern Ireland, school governors are members of a school's Governing Body. In state schools they have responsibility for raising school standards through their three key roles of setting strategic direction, ensuring accountability and acting as a critical friend...
.
No distinction is made between paid and voluntary work.
What regulated activity means
The duties and responsibilities under regulated activity where an organisation is providing the activity are that:- A barred individual must not undertake regulated activity
- To undertake regulated activity an individual must be ISA-registered
- An employer must not engage in regulated activity a barred person or a person who is not ISA-registered
- An employer must check that a prospective employee who is in regulated activity is ISA-registered
- Personal and family relationships are not covered
Exemptions from ISA registration
Although it is a serious criminal offence to engage in regulated activity while barred from doing so, not all individuals who engage in regulated activity are required to register with the ISA. A prominent example are those involved in "domestic employment". Individuals are not required to register with the ISA where they are employed by parents to work with their children or where a vulnerable adult arranges for individuals to provide care in their own homes. Examples of domestic employment would include groups such as private tutorsTutor
A tutor is a person employed in the education of others, either individually or in groups. To tutor is to perform the functions of a tutor.-Teaching assistance:...
when employed directly by parents or individuals involved in the direct payments
Direct Payments
The Direct Payments scheme is a UK Government initiative in the field of Social Services that gives users money directly to pay for their own care, rather than the traditional route of a Local Government Authority providing care for them...
scheme. The policy on this was confirmed in the Government's Response to the ISA scheme Consultation Document in May 2008.
Controlled activity
Controlled activity is a much more limited area of work and is tightly defined under the Safeguarding Vulnerable Groups Act. Controlled activity applies to:- Ancillary support workers in National Health ServiceNational Health ServiceThe National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
and Further EducationFurther educationFurther education is a term mainly used in connection with education in the United Kingdom and Ireland. It is post-compulsory education , that is distinct from the education offered in universities...
settings (e.g. cleanerJanitorA janitor or custodian is a professional who takes care of buildings, such as hospitals and schools. Janitors are responsible primarily for cleaning, and often some maintenance and security...
, caretakerProperty caretakerA Property caretaker is a person, group or organization that cares for real estate for trade or financial compensation, and sometimes as a barter for rent-free living accommodations...
, cateringCateringCatering is the business of providing foodservice at a remote site or a site such as a hotel, public house , or other location.-Mobile catering:A mobile caterer serves food directly from a vehicle or cart that is designed for the purpose...
staff, receptionistReceptionistA receptionist is an employee taking an office/administrative support position. The work is usually performed in a waiting area such as a lobby or front office desk of an organization or business...
) with frequent or intensive contact with children or vulnerable adults.
- Those working for specified organisations (e.g. a local authority) with frequent access to sensitive records about children.
It will be mandatory to check the ISA registration status of individuals in controlled activity; although it will be possible to employ a barred person, providing sufficient safeguards have been put in place.
Vetting and Barring Scheme, the original structure and design
The ISA was to have functioned as the decision making element of the new Vetting and Barring Scheme, with the application process and monitoring functions being run by the Criminal Records BureauCriminal Records Bureau
The Criminal Records Bureau , is an Executive Agency of the Home Office, which provides wider access to criminal record information through its Disclosure service for England and Wales...
. It largely retains these functions but from 2012 will be entirely merged with the CRB. Once operational the Vetting and Barring Scheme as originally designed would have required all those engaged in regulated or controlled activity to register and have their registration status checked. It would not have been possible to 'opt-out' of the Scheme and there would have been criminal offences for non-compliance on both the employer and employee. These now only apply in the case where a barred individual seeks or attains work.
Those successful in the original application process would have been provided with a unique reference number and employers would have had to verify potential employee's membership before allowing them to commence their duties; via a free online check,. Estimates at the time stated that the number who would have been required to register would have been approximately 11.3 million people (or a quarter of the adult population). This was criticised in the press in 2009 as a proposal to create the most intrusive database ever created in a democracy.A quarter of adults to face 'anti-paedophile' tests.The Daily Telegraph
The Daily Telegraph
The Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
, 26 June 2008. As described later these initial proposals were then withdrawn after this press hostility, led to the government creation of the Singleton Review (2009) and a subsequent review led by Eileen Munro (2010).
The cost of registration was originally set at £64 per person except for volunteers for whom it would have been free of charge. These fees were also withdrawn when the requirement to register was abandoned in 2010. At this point the ISA barred list was reshaped to be simply a list of those barred, accessible to employers and certain others, more akin to its predecessor 'list 99'.
The definition of volunteer remains that used by the CRB: "a volunteer is a person who is engaged in any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives" -.
Other aspects of the original design have been retained since the Singleton Review. The ISA owns and maintains two lists (one covering the children's sector and one to cover the adults') of those barred from working with vulnerable groups, which replaced previous barred lists (List 99
Information held under Section 142 of the Education Act 2002
In the United Kingdom information held under Section 142 of the Education Act 2002 was not primarily concerned with child protection, but section 142 allows the Secretary of State to prohibit certain persons from working in schools...
, the Protection of Children Act
Protection of Children Act
Protection of Children Act is a stock short title used for legislation in the United Kingdom.-List:* The Prevention of Cruelty to, and Protection of, Children Act 1889* The Protection of Children Act 1978* The Protection of Children Act 1986...
1999 (PoCA), the scheme relating to the Protection of Vulnerable Adults (PoVA) and Disqualification Orders). Inclusion on these barred lists is as a result of either an automatic bar (following a police caution
Police caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong...
or conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
or following a discretionary bar, typically following dismissal, or resignation where dismissal was possible, following an act of gross misconduct at work, although there are other potential reasons. secondary legislation). These decisions are taken by the ISA.
The ISA base their decisions upon information from a range of sources including, but not limited to, that held by the police (both locally and that on the Police National Computer
Police National Computer
The Police National Computer is a computer system used extensively by law enforcement organisations across the United Kingdom. It went live in 1974 and now consists of several databases available 24 hours a day, giving access to information of national and local significance.From October 2009, the...
), local authorities, social services, regulatory organisations (such as the General Medical Council
General Medical Council
The General Medical Council registers and regulates doctors practising in the United Kingdom. It has the power to revoke or restrict a doctor's registration if it deems them unfit to practise...
or the General Teaching Council for England
General Teaching Council for England
The General Teaching Council for England is the professional body for teaching in England. The GTC was established by the Teaching and Higher Education Act 1998 which set two aims:...
) and supervisory authorities (such as Ofsted
Ofsted
The Office for Standards in Education, Children's Services and Skills is the non-ministerial government department of Her Majesty's Chief Inspector of Schools In England ....
). They also receive cases directly from employers. Employer referrals constitute the largest number of cases considered for discretionary barring. They do not receive cases directly from individuals. Where cases are not clear, decisions are escalated within the ISA with final decisions being made by the board, which is chaired by former Chief Executive for Barnardo's
Barnardo's
Barnardo's is a British charity founded by Thomas John Barnardo in 1866, to care for vulnerable children and young people. As of 2010, it spends over £190 million each year on more than 400 local services aimed at helping these same groups...
, Roger Singleton
Roger Singleton
Sir Roger Singleton CBE is chair of the Independent Safeguarding Authority and the Diana, Princess of Wales Memorial Fund.He was Chief Executive of Barnardos for 21 years and was awarded a knighthood for his services to children in 2005. He has served on public inquiries into child abuse in...
.
The ISA are able to consider information other than that which has led to cautions or convictions. These can include unproven allegations from former employers, professional bodies, members of the public or stories in the press. However referral information, such as allegations, does not lead to automatic inclusion on the ISA Barred Lists; before a barring decision is made, the individual is given the information on which the decision is
based and the opportunity to explain their case. However, there is no hearing process. This has caused some controversy see below. Case workers will be allowed to "undertake appropriate research" on "internet chatrooms or social networking websites", although the published guidance on the ISA's Decision Making Process and the Safeguarding Vulnerable Groups Act 2006
Safeguarding Vulnerable Groups Act 2006
The Safeguarding Vulnerable Groups Act 2006 is an Act of the Parliament of the United Kingdom. It was created following the UK Government accepting recommendation 19 of the inquiry headed by Sir Michael Bichard, which was set up in the wake of the Soham Murders.The Safeguarding Vulnerable Groups...
state that the ISA has to be satisfied that "relevant conduct" has occurred before being able to consider any other factor. The Safeguarding Vulnerable Groups Act 2006
Safeguarding Vulnerable Groups Act 2006
The Safeguarding Vulnerable Groups Act 2006 is an Act of the Parliament of the United Kingdom. It was created following the UK Government accepting recommendation 19 of the inquiry headed by Sir Michael Bichard, which was set up in the wake of the Soham Murders.The Safeguarding Vulnerable Groups...
defines relevant conduct as:
- conduct which endangers a child or is likely to endanger a child;
- conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;
- conduct involving sexual material relating to children (including possession of such material);
- conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to the ISA that the conduct is inappropriate; or
- conduct of a sexual nature involving a child, if it appears to the ISA that the conduct is inappropriate.
The philosophic burden of proof
Philosophic burden of proof
The philosophic burden of proof is the obligation on a party in an epistemic dispute to provide sufficient warrant for their position.-Holder of the burden:When debating any issue, there is an implicit burden of proof on the person asserting a claim...
to whether an event occurred is "on a balance of probability", as used in civil trials, rather than "beyond reasonable doubt"
Reasonable doubt
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
as required in criminal trials. Case assessment within which risk factors such as obsession with sex or violence, "presence of severe emotional loneliness and/or the inability to manage/sustain emotionally intimate relationships with age-appropriate adults", "links with anti-social peers", "presence of impulsive, chaotic, unstable lifestyle" or "using substances or sex to cope with stress" will only be considered in relation to the "relevant conduct".
Comparison with CRB disclosures
The ISA barred lists perform a separate, albeit related, role to that of a CRB disclosure as the ISA decision making process considers information relating to the potential risk an individual poses to vulnerable groups using sources that go beyond that held by the police; whereas a CRB disclosure may contain details of offences that may not lead to a bar (for example drink driving) but which may be pertinent to a given role (such as driving a school busSchool bus
A school bus is a type of bus designed and manufactured for student transport: carrying children and teenagers to and from school and school events...
). ISA-registration does not replace CRB disclosures. From 2012 the ISA and CRB will be merged into a single organization.
Implementation
As of March 2009, elements of the Vetting and Barring Scheme have begun to be rolled out in stages, linked to a series of pieces of secondary legislation under the Safeguarding Vulnerable Groups Act 2006. The ISA came into existence on 2 January 2008 and after 31 March 2008 the ISA began advising ministersMinister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
on barring decisions taken by ministers under current schemes. From 20 January 2009, barring decisions in England and Wales began to be taken by the ISA, taking responsibility from the Secretary of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
and was extended to Northern Ireland from 13 March 2009. On 20 February 2009 detailed guidance on the ISA's decision making process was published. From 12 October 2009, increased safeguards came into effect with around five million more jobs and voluntary positions – including most National Health Service
National Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
jobs - covered by the barring arrangements. The additional safeguards are:
- Two barring lists administered by a single organisation, the Independent Safeguarding Authority (ISA), rather than the three lists previously maintained by two different Government departments: Protection Of Children Act (POCA), Protection of Vulnerable Adults (PoVA) and List 99;
- The introduction of ‘regulated activities’ – people included in the new barred lists by the ISA are barred from a much wider range of jobs and activities than has been the case under previous arrangements. This is particularly so in areas of work with vulnerable adults such as the NHS.
- A new duty to share information - employers, social services and professional regulators have to notify the ISA of relevant information so individuals who pose a threat to vulnerable groups can be identified and barred from working with these groups; and
- New criminal offences – it is a criminal offence for a barred individual to seek or undertake work with vulnerable groups; and for employers knowingly to take them on.
The original intention had been that from 26 July 2010, all new entrants to roles working with vulnerable groups and those switching jobs to a new provider within these sectors would be able to register with the VBS and be assessed by the ISA. Employers would have been able to check registration status online to subscribe to be notified if an employee's registration status changes. Both the ability and requirement to register were withdrawn in 2011 following the Singleton and Munro Reviews. The lists are still maintained and it remains an offence to employ a person in regulated activity who has been barred by the ISA or for that person to seek work.
Initial criticism
Several prominent children's authors - who believed they would all be required to join the scheme in order to conduct talks in schools - have criticised the ISA. Philip PullmanPhilip Pullman
Philip Pullman CBE, FRSL is an English writer from Norwich. He is the best-selling author of several books, most notably his trilogy of fantasy novels, His Dark Materials, and his fictionalised biography of Jesus, The Good Man Jesus and the Scoundrel Christ...
called the scheme "outrageous, demeaning and insulting" and said he would no longer appear in schools because of it: "When you go into a school as an author or an illustrator you talk to a class at a time or else to the whole school. How on earth – how on earth – how in the world is anybody going to rape or assault a child in those circumstances? It's preposterous." Author and screenwriter Frank Cottrell Boyce
Frank Cottrell Boyce
-Awards:*2004: Buch des Monats des Instituts für Jugendliteratur/Book of the Month by the Institute for Youth Literature , Millions*2004: Carnegie Medal, Millions*2004: Luchs des Jahres , Millions...
said: "As an author you're never alone with a class. There's no possible reason for this, unless it's a revenue-raising scam." Former children's laureate Anne Fine
Anne Fine
Anne Fine, OBE FRSL is a British author best known for her children's books, of which she has written more than 50. She also writes for adults...
said: "I refuse – having spoken in schools without incident for 32 years, I refuse to undergo such a demeaning process. It's all part of a very unhealthy situation that we've got ourselves into where all people who are close to children are seen as potential paedophiles." Lindsay Mackie, representing the literary charity English PEN, said: "The signal to children that the public space is to be defined as a potentially dangerous space – where the values of the worlds where the visitors work, whether it's in writing or engineering or family, are secondary to the definition of the adult as "vetted" or "safe" – is limiting and fearful. We are creating paranoia."
Others have questioned the usefulness of the scheme, pointing out that it could not have prevented the Soham murders in the first place because the perpetrator, Ian Huntley, knew the victims through his girlfriend, not his job.
The Singleton and Munro Reviews
The critical media coverage when the scheme was launched in 2009 led to confusion over the registration requirements. The Singleton Review was set up due to concerns which had been expressed about the degree of contact with children which should trigger the requirement to register with the (ISA). Sir Roger SingletonRoger Singleton
Sir Roger Singleton CBE is chair of the Independent Safeguarding Authority and the Diana, Princess of Wales Memorial Fund.He was Chief Executive of Barnardos for 21 years and was awarded a knighthood for his services to children in 2005. He has served on public inquiries into child abuse in...
, Chief Adviser on the Safety of Children and the Chair of the ISA, produced his ‘Drawing the Line’ report, to check that the Government had drawn the line in the right place in relation to the requirement to register. In December 2009 the Government accepted all of the recommendations found in ‘Drawing the Line’.
The report included clarification in a number of areas:
- Frequent is defined as contact that takes place once a week or more often with the same children. (This was previously defined as an activity that happened once a month)
- Intensive is defined as contact that takes place on four days in one month or more with the same children or overnight. (Previously this was defined as three times in every 30 days or overnight)
- Mutually agreed and responsible arrangements made between parents and friends for the care of their children should not be affected by the Vetting and Barring Scheme (VBS)
- 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. (This clarification means that the concerns of the authors raised above are unfounded.)
- 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 arrangements and would not require registration.
- Overseas visitors bringing their own groups of children to the UK e.g. to international camps or the Olympics should have a three months exemption from the requirement to register.
The DCSF has published a Vetting and barring myth buster to further clarify the requirements of the scheme.. However, this factsheet has been challenged as being rather simplistic and one-sided by several of the unions and professional associations that represent those most effected by the ISA. From 2009 onwards these organizations produced a large amount of documentation in the form of statements, conference resolutions and advice either clarifying or challenging the ISA's own publications. Some of these are referenced here, including some of those written by: the Royal College of Nursing
Royal College of Nursing
The Royal College of Nursing is a union membership organisation with over 395,000 members in the United Kingdom. It was founded in 1916, receiving its Royal Charter in 1928, Queen Elizabeth II is the patron...
(nurses union); National Union of Teachers
National Union of Teachers
The National Union of Teachers is a trade union for school teachers in England, Wales, the Channel Islands and the Isle of Man. It is a member of the Trades Union Congress...
(NUT), The National Association of Schoolmasters Union of Women Teachers (NASUWT) and Unison
Unison
In music, the word unison can be applied in more than one way. In general terms, it may refer to two notes sounding the same pitch, often but not always at the same time; or to the same musical voice being sounded by several voices or instruments together, either at the same pitch or at a distance...
(the union for non-teaching staff in schools). Interestingly even as a small sample of responses from different unions and associations, there are significant differences within the opinions expressed and positions adopted, with the RCN and specific branches of the NASUWT seemingly taking the strongest oppositional stance. This perhaps indicates quite how complex the child protection debate in the UK currently is.
In 2010 the government, partly in response to pressure from those organizations mentioned above, launched a second review of the Independent Safeguarding Authority led by Professor Eileen Munro of the Department of Social Policy, The London School of Economics and Political Science(LSE). Following this Munro review in 2011 the requirement to register was withdrawn entirely. It was also announced that the ISA would be merged with the CRB from 2012. The ISA's role is now to maintain lists that can be accessed by employers and certain other bodies of who is barred from working with either children or vulnerable adults.
Criticisms post 2009
These changes to some extent brought an end to the more virulent press criticisms of the ISA. However, they also led to some deeper questioning of the thinking that lay behind the original creation of the ISA. Specific accusations have been that the government had overseen so many changes and reviews, showing a lack of support for the organization, as the ISA had initially been created as a knee jerk reaction to the Soham murdersSoham murders
The Soham murders was an English murder case in 2002 of two 10-year-old girls in the village of Soham, Cambridgeshire.The victims were Holly Marie Wells and Jessica Aimee Chapman...
. Philip Pullman
Philip Pullman
Philip Pullman CBE, FRSL is an English writer from Norwich. He is the best-selling author of several books, most notably his trilogy of fantasy novels, His Dark Materials, and his fictionalised biography of Jesus, The Good Man Jesus and the Scoundrel Christ...
remains one of the most vociferous critics accusing the government of using the Soham murders
Soham murders
The Soham murders was an English murder case in 2002 of two 10-year-old girls in the village of Soham, Cambridgeshire.The victims were Holly Marie Wells and Jessica Aimee Chapman...
as a 'scare story' to scare the British public into accepting such intrusive database.
The most visible opposition to the ISA has come from the large nurses union, the Royal College of Nursing
Royal College of Nursing
The Royal College of Nursing is a union membership organisation with over 395,000 members in the United Kingdom. It was founded in 1916, receiving its Royal Charter in 1928, Queen Elizabeth II is the patron...
. This has included successful legal cases brought by the Royal College of Nursing
Royal College of Nursing
The Royal College of Nursing is a union membership organisation with over 395,000 members in the United Kingdom. It was founded in 1916, receiving its Royal Charter in 1928, Queen Elizabeth II is the patron...
(widely known as the RCN) in 2010. Several individual journalists and campaigning organizations have also continued to voice criticisms. These have included 'Civitas
Civitas
In the history of Rome, the Latin term civitas , according to Cicero in the time of the late Roman Republic, was the social body of the cives, or citizens, united by law . It is the law that binds them together, giving them responsibilities on the one hand and rights of citizenship on the other...
' and 'the Manifesto Club' run by the journalist Josie Appleton. Criticisms or concerns that have commonly been raised regarding the structure of the Independent Safeguarding Authority include that: a person can be barred without a hearing; there is no minimum standard of evidence, there is no legal support available to those who are 'minded to bar', right of appeal is limited, there is only a single sanction of barring for 10 years (for anyone aged over 25) and the refusal of the Independent Safeguarding Authority to use the word 'sanction' to describe the barring process. These formed the basis of the RCN's cases. These organizations also continue to question the basis upon which the Independent Safeguarding Authority was created, asking whether a bureaucratic solution to child protection issues is realistic or sensible. The ISA has been accused by its most vociferous critics in broadsheets such as the Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
of being 'unethical' and 'Orwellian'. Both the RCN and these campaigning groups even ask whether it creates further problems by creating a 'climate of fear' amongst professionals, while simultaneously creating 'an illusion of security' amongst the public in general. To this end they have pointed out that recent cases of peadophile offences in schools such as those committed by Vanessa George in Plymouth - 2010 were not and could not have been prevented by any form of database as in these cases and others like them the offender had no previous criminal or disciplinary record. This debate seems likely to continue especially as neither the pro or anti viewpoint regarding the expansion of such systems has been claimed by any political party or conventional political standpoint right or left.