New Safeguarding Legislation

The Independent Safeguarding Authority (ISA) is arecords about children, i.e. Local Authority.
non-departmental public body working in partnershipFor a detailed explanation regarding regulated and
with the Criminal Records Bureau (CRB) created tocontrolled activity and for more information please
help prevent unsuitable people from working withrefer to
children and vulnerable adults. The ISA is part of theImplementation?
new Vetting and Barring Scheme in England, WalesThe ISA came into existence on 2 January 2008 and
and Northern Ireland.from October 2009, the increased safeguards will
What does this mean?come into effect and will be rolled out over a period of
Individuals currently working or intend to work with5 years.
children and vulnerable adults in either regulated orExceptions?
controlled activities will be required to undergo anYes; mostly those involved in 'domestic employment',
enhanced vetting procedure.such as nannies; that have been hired directly by
It is now a criminal offence for individuals barred by theprivate families.
ISA to work or apply to work (paid or unpaid) withIf it is a nanny agency london for example, it is the
children or vulnerable adults in a wide range of posts.responsibility of the agency to register them. However,
It will be a criminal offence to take on someone for aif the nanny is through a private arrangement, the
regulated activity without checking their status underparents are not legally required to check their ISA
the vetting service and/or allow a barred individual tostatus and there is no duty on the nanny to be
work in such an activity.registered.
It will be mandatory to check the status of someoneThis applies to all areas covered throughout England,
before they work or volunteer in a controlled activity.Wales and Northern Ireland including London and other
Regulated or Controlled?major cities.
There is an important distinction between 'regulatedRepercussions?
activity' and 'controlled activity'.Fully enhanced safeguarding in childcare is crucial.
'Regulated activity' is defined by the ISA as 'anyNannies are often in sole care of children, and it is
activity of a specified nature that involves contact withimperative this form of childcare is safeguarded
children or vulnerable adults frequently, intensively andappropriately, in-line with all other forms of childcare
or overnight.available. All nannies have to be registered and vetted
'Controlled activity' is related to more limited areas ofchildcare agency in london are very efficient at this but
work such as Ancillary support workers in the NHSprivate families should also be encouraged to check
and further education settings, and those working forthis.
organisations who have frequent access to sensitive