Safeguarding Adults
Gabrielle Elmes (497977) HEALTH + SOCIAL CARE LEVEL 3 (YEAR 2)
2/12/2020 (UNIT 11 TASK 2)
P4- OUTLINE KEY LEGISLATION AND REGULATIONS WHICH GOVERN
SAFEGUARDING ADULTS
SAFEGUARDING VULNERABLE GROUPS ACT 2006
This act was created to solve the failures in the 2004 Bichard inquiry which arose
from the Soham murders. This act says that the ISA will make all decisions who
should be barred from working with children and vulnerable adults. The Vetting and
Barring scheme will deal with activities that are classified as ‘regulated’ or
‘controlled.’ These activities include both paid and unpaid voluntary work. There will
be two separate but aligned ISA barred lists (one for those barred from working with
children and one for those barred from working with vulnerable adults. Barred
individuals can be on both of these lists.
Some offences will automatically result in the individual being barred without leave to
appeal or to make mitigating representations. Relevant information about an
individual can be referred to the ISA from interested parties such as employers,
regulatory bodies or concerned members of the body. Individuals listed on one of the
ISA barred lists may have the right to appeal to the care standards tribunal on a point
of fact or law but not on the ISA’s decision. A series of new criminal offences will be
created to enforce the new scheme. These will be both to employers and employees.
-INDEPENDENT AND CONSISTENT DECISION MAKING- The new ISA will make
all decisions on who should be placed on the Barred list. It will do this before an
individual is employed.
-THE INTRODUCTION OF CONTINUOUS CHECKING - When new information
such as a conviction or caution or referral from employer becomes known about an
individual already registered with ISA, the authority will review it’s original decision
not to bar. Where an employer has already checked on an employees status with
ISA, that employer will be notified automatically if their employees status changes.
-WORKFORCE COVERAGE- The scope of the new vetting and barring scheme will
be wider than what preceded it. It was estimated that around 11 million individuals
will have to pass through the ISA checking process in the first five years this was
introduced.
1
,-REDUCTION IN BUREAUCRACY - Once people have registered with ISA, future
employers will be able to check their status online and free of charge.
-WIDE RANGE OF SOURCES OF INFORMATION- Certain organisations will have
a legal duty to refer relevant information about individuals to ISA. Under the terms of
the new vetting service other employers, service providers and individuals will have
the opportunity to refer information.
-PRE-EMPLOYMENT VETTING- checks will take place before an individual is able
to start work. This makes sure those who are a known risk to vulnerable
adults/children cannot enter the relevant workforce in the first place.
-REPLACEMENT OF LISTS- the protection of children act list, the protection of
vulnerable adults lists, list 99 and the court-imposed disqualification order regime no
longer exist as this act makes 2 lists from those barred working with vulnerable
adults and those prohibited from working with children.
HOW DOES THIS SAFEGUARD VULNERABLE ADULTS?
This makes sure that anyone who has access or world with vulnerable adults has to
be checked before then regularly checked to make sure they have no offences or
alarms raised that can cause harm to the adults in their vulnerable condition. This act
also makes sure that the employer of the vulnerable adults can check their
employees regularly for free to make sure no new alerts are raised.
THE REHABILITATION OF OFFENDERS ACT 1974
This act primarily exists to support the rehabilitation into employment of reformed
offenders who have stayed on the right side of the law. Under this law, following a
specified period of time which varies
according to the disposal administered
or sentence passed, cautions and
convictions (except for those resulting in
prison sentences over four years and all
public protection sentences) may
become spent. As a result the offender is
regarded as rehabilitated.
This act treats a rehabilitated person as
if he or she had never committed
charged with or prosecuted for or sentenced for the offence and as such, they are
not required to declare their spent caution(s) or conviction(s)
2
, For example: when applying for jobs, insurance housing applications which includes
working with vulnerable adults. Sentences of over 4 years are excluded from the
scope of the act and therefore can never become spent.
REFORM OF 1974 ACT:
The government tabled a new clause to the bill to reform the 1974 act in 2 key ways:
- To extend the scope of the act to cover custodial sentences of up to 48
months
- To change the length of some of the rehabilitation periods (in most cases
reducing them)
This act enables some convictions to be ‘spent’ or ignored after a period of
rehabilitation or non-offending. All health and social care employment is normally
exempt from this Act and requires full disclosure of previous offences.
THE POLICE ACT 1997
Part V of this Act provides for information regarding a person's criminal record history
to be disclosed to persons registered on the Act for certain purposes including
engaging in regulated activity. The Criminal Record Bureau (CRB) are in charge of
checks under this Act.
The CRB will work closely with ISA to ensure a more detailed check is carried out.
This has now been replaced with DBS (Disclosure and Barring service)
Anyone who receives information on another person under this Act may pass this
information to others but only in line with the provisions of section 124 of that Act. If
information is passed to anyone not authorised to receive this information, is
committing an offence under section 124 of the Act.
Recipients of disclosed information:
- must ensure information is made available only to those who need to have
access to it in the course of their duties.
- Must securely store the information
- Must not retain the disclosures or a record of disclosure for longer than
required and no longer than six months after a recruitment or other decision
has been taken.
3
Gabrielle Elmes (497977) HEALTH + SOCIAL CARE LEVEL 3 (YEAR 2)
2/12/2020 (UNIT 11 TASK 2)
P4- OUTLINE KEY LEGISLATION AND REGULATIONS WHICH GOVERN
SAFEGUARDING ADULTS
SAFEGUARDING VULNERABLE GROUPS ACT 2006
This act was created to solve the failures in the 2004 Bichard inquiry which arose
from the Soham murders. This act says that the ISA will make all decisions who
should be barred from working with children and vulnerable adults. The Vetting and
Barring scheme will deal with activities that are classified as ‘regulated’ or
‘controlled.’ These activities include both paid and unpaid voluntary work. There will
be two separate but aligned ISA barred lists (one for those barred from working with
children and one for those barred from working with vulnerable adults. Barred
individuals can be on both of these lists.
Some offences will automatically result in the individual being barred without leave to
appeal or to make mitigating representations. Relevant information about an
individual can be referred to the ISA from interested parties such as employers,
regulatory bodies or concerned members of the body. Individuals listed on one of the
ISA barred lists may have the right to appeal to the care standards tribunal on a point
of fact or law but not on the ISA’s decision. A series of new criminal offences will be
created to enforce the new scheme. These will be both to employers and employees.
-INDEPENDENT AND CONSISTENT DECISION MAKING- The new ISA will make
all decisions on who should be placed on the Barred list. It will do this before an
individual is employed.
-THE INTRODUCTION OF CONTINUOUS CHECKING - When new information
such as a conviction or caution or referral from employer becomes known about an
individual already registered with ISA, the authority will review it’s original decision
not to bar. Where an employer has already checked on an employees status with
ISA, that employer will be notified automatically if their employees status changes.
-WORKFORCE COVERAGE- The scope of the new vetting and barring scheme will
be wider than what preceded it. It was estimated that around 11 million individuals
will have to pass through the ISA checking process in the first five years this was
introduced.
1
,-REDUCTION IN BUREAUCRACY - Once people have registered with ISA, future
employers will be able to check their status online and free of charge.
-WIDE RANGE OF SOURCES OF INFORMATION- Certain organisations will have
a legal duty to refer relevant information about individuals to ISA. Under the terms of
the new vetting service other employers, service providers and individuals will have
the opportunity to refer information.
-PRE-EMPLOYMENT VETTING- checks will take place before an individual is able
to start work. This makes sure those who are a known risk to vulnerable
adults/children cannot enter the relevant workforce in the first place.
-REPLACEMENT OF LISTS- the protection of children act list, the protection of
vulnerable adults lists, list 99 and the court-imposed disqualification order regime no
longer exist as this act makes 2 lists from those barred working with vulnerable
adults and those prohibited from working with children.
HOW DOES THIS SAFEGUARD VULNERABLE ADULTS?
This makes sure that anyone who has access or world with vulnerable adults has to
be checked before then regularly checked to make sure they have no offences or
alarms raised that can cause harm to the adults in their vulnerable condition. This act
also makes sure that the employer of the vulnerable adults can check their
employees regularly for free to make sure no new alerts are raised.
THE REHABILITATION OF OFFENDERS ACT 1974
This act primarily exists to support the rehabilitation into employment of reformed
offenders who have stayed on the right side of the law. Under this law, following a
specified period of time which varies
according to the disposal administered
or sentence passed, cautions and
convictions (except for those resulting in
prison sentences over four years and all
public protection sentences) may
become spent. As a result the offender is
regarded as rehabilitated.
This act treats a rehabilitated person as
if he or she had never committed
charged with or prosecuted for or sentenced for the offence and as such, they are
not required to declare their spent caution(s) or conviction(s)
2
, For example: when applying for jobs, insurance housing applications which includes
working with vulnerable adults. Sentences of over 4 years are excluded from the
scope of the act and therefore can never become spent.
REFORM OF 1974 ACT:
The government tabled a new clause to the bill to reform the 1974 act in 2 key ways:
- To extend the scope of the act to cover custodial sentences of up to 48
months
- To change the length of some of the rehabilitation periods (in most cases
reducing them)
This act enables some convictions to be ‘spent’ or ignored after a period of
rehabilitation or non-offending. All health and social care employment is normally
exempt from this Act and requires full disclosure of previous offences.
THE POLICE ACT 1997
Part V of this Act provides for information regarding a person's criminal record history
to be disclosed to persons registered on the Act for certain purposes including
engaging in regulated activity. The Criminal Record Bureau (CRB) are in charge of
checks under this Act.
The CRB will work closely with ISA to ensure a more detailed check is carried out.
This has now been replaced with DBS (Disclosure and Barring service)
Anyone who receives information on another person under this Act may pass this
information to others but only in line with the provisions of section 124 of that Act. If
information is passed to anyone not authorised to receive this information, is
committing an offence under section 124 of the Act.
Recipients of disclosed information:
- must ensure information is made available only to those who need to have
access to it in the course of their duties.
- Must securely store the information
- Must not retain the disclosures or a record of disclosure for longer than
required and no longer than six months after a recruitment or other decision
has been taken.
3
