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