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The Independent Safeguarding The Independent Safeguarding Authority - Authority - A A Provider’s Provider’s Response – John Jolly Response – John Jolly Blenheim CDP Blenheim CDP
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The Independent The Independent Safeguarding Authority -Safeguarding Authority - A A Provider’s Response – John Provider’s Response – John JollyJolly
Blenheim CDPBlenheim CDP
•Strengthened safeguards for children and vulnerable adults is welcome
•changes have a potential negative impact on the employment options of people with substance misuse/offending histories.
• It has particular significance for drug or alcohol services that employ ex-service users.
• It will be more expensiveIt will be more expensive
Safeguards WelcomeSafeguards Welcome
What are the implications for drug and alcohol sector
•Some individuals with drug/alcohol related offending histories potentially barred from employment with vulnerable groups
•We need to know much more about the criteria for barring and our capacity as employers to influence the outcome.
What do we do aboutWhat do we do about
• Staff ISA will Bar when they have to Staff ISA will Bar when they have to register?register?
• Guidance to staff with convictions on Guidance to staff with convictions on likelihood of being barred?likelihood of being barred?
• Guidance for those with Guidance for those with convictions/drug history concerning convictions/drug history concerning likelihood of being allowed to work in likelihood of being allowed to work in social care?social care?
Admin and HRAdmin and HR
• Administration and human resources
• Organisations will need to communicate to their staff the potential implications of ISA and amend policy and procedure in line with this.
• Plans will need to be put in place for if an employee or volunteer is found unsuitable by the ISA.
• The new checks could potentially add an additional delay to the recruitment process.
October 2009October 2009• Employers, have a duty to refer to the
ISA any information about individuals who may pose a risk.
• There will be criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on.
• The eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a ‘regulated’ position.
From July 2010 • Those new to workforce, or changing roles
to take on regulated activity and those changing jobs whilst working in regulated activity must have ISA registration.
• From July 2010, individuals can apply for ISA-registration and a CRB check (including an ISA check) on one new application form.
• ISA-registered will be continuously monitored and their status reassessed against any new information which may come to light.
Existing employees
•Those who currently work with vulnerable groups but are staying in their current role will not have to become registered until later in the five year phasing period that begins in 2011.
Who is Barred.Who is Barred.
•The Independent Safeguarding Authority has not yet outlined what their criteria will be for placing someone on the ‘barred list’.
•Auto bar - Sexual offences, Murder, People trafficking, Kidnap
The ISA case workers will take into account
• recent “relevant” offences and other information
• Relevant offences likely to lead to a barring decision include many that are relevant to drug/alcohol related crime.
Guidelines highlight offences• directed towards children or
vulnerable adults • involve sexual behaviour • involve violence or potential for
violence against people and property (especially where intentional, use of a weapon or involving animal cruelty)
• involve acquisitive behaviour or fraud • indicates that a person breached a
position of trust or authority • relates to addictive behaviour or
persistent offending
Quick Review Quick Review
• 14% BCDP Workforce a conviction 14% BCDP Workforce a conviction (Quick and dirty review of 10%)(Quick and dirty review of 10%)
• All Spent but one theft and one All Spent but one theft and one alcohol relatedalcohol related
• Some will not get through despite my Some will not get through despite my absolute confidence in them. absolute confidence in them.
• Offence history can be a poor Offence history can be a poor indicator of risk.indicator of risk.
Need to have a say in the Need to have a say in the barring of people we currently barring of people we currently employemploy• It is essential positive, supporting evidence be
used in the earlier stages of the decision making process as well as offending history.
• We hope that the ISA will consider previous drug/alcohol related offences in a balanced and proportionate manner.
• The ISA should take into account when an ex-offender has demonstrated genuine commitment and skills in their work and has made positive changes in their life through their employment.
What about Equality Impact What about Equality Impact AssessmentAssessment• More working class, socially deprived with More working class, socially deprived with
offending backgroundsoffending backgrounds
• Some BME groups have higher levels of Some BME groups have higher levels of recorded offending.recorded offending.
• Will punish those who are role models for Will punish those who are role models for those from deprived backgrounds.those from deprived backgrounds.
• Will benefit middle classes.Will benefit middle classes.
