Meeting your Legal Duty to Refer

ISA

• Bichard Inquiry

• Safeguarding Vulnerable Groups Act 2006 (SVGA) • Our aim is to prevent unsuitable people from working with children and vulnerable adults

• ISA powers are decision making not investigatory

• Know who and when to refer

• Understand the referral process

• Improved confidence in referring to the ISA

Aims

What is Regulated Activity?Involves contact with children or vulnerable adults and is EITHER:

• of a specified nature

• in a specified place

• fostering and childcare OR

• a defined position of responsibility

Who has a duty to refer?

• Regulated Activity Providers

• Local Authorities

• Professional bodies

• Supervisory Authorities

• Personnel suppliers

When must you refer?

• Permanent removal from regulated activity

AND

• Referring party thinks that the person has either:- Engaged in relevant conduct - Satisfied the harm test or- Received a caution or conviction for a relevant

offence

Case scenario 1

Mr A was employed as a teacher in a Secondary School. A 14 year old female student made a complaint of sexual assault against Mr A. Police were called and both Mr A and the female were interviewed.

Mr A denied the offence and the case was referred to the CPS who chose not to prosecute. Following an investigation into this allegation Mr A was dismissed by his employer.

Is there a legal duty to refer?

Case scenario 2

Miss B is a dentist. She made her practice manager aware that she had accepted a caution for drink driving.

Miss B was not dismissed by her employer.

Is there a legal duty to refer?

Case scenario 3

Mr C was employed as a carer and provided domiciliary care for service users in their own homes. Mr C’s employer advised that he had taken an amount of money from the staff tea fund on two occasions.

Mr C denied the offences and the Police took no further action. Mr C was dismissed by his employer.

Is there a legal duty to refer?

Workshops

• Two ‘real’ case studies

• Examine the cases in groups using question sheets to facilitate discussion

Barring Decision Process

Representations

Case assessment – is there sufficient concern that it is considered a bar should be imposed, using which

powers and on which list?

Appropriate to bar? Is it appropriate to bar and on which

list?

Did relevant conduct happen or is one of the risk of harm categories satisfied? Facts must be proved on the balance of

probabilities.

Public Confidence: Taking account of all circumstances including impact on individuals,

would the barring decision

undermine a reasonable

person’s confidence in the

system?

Automatic inclusion subject to representations

Facts can betreated as

proved

Conviction Caution

Competent body findings

• Protection of Freedoms Bill

• Changes to definition of regulated activity

• Registering an interest

• Changes to automatic barring

• No change to referral duty for providers

The Future

• Know who and when to refer

• Understand the referral process

• Improved confidence in referring to the ISA

Review of Aims

Questions?

Contact Details – Ruth Williamson: 01325 953759 Michelle Monty: 01325 953681 Sarah Harris: 01325 953800

Website www.isa.homeoffice.gov.uk

Helpline 01325 953795