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Meeting your Legal Duty to Refer

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

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Meeting your Legal Duty to Refer

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  1. Meeting your Legal Duty to Refer

  2. 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

  3. Know who and when to refer Understand the referral process Improved confidence in referring to the ISA Aims

  4. What is Regulated Activity? • Involves contact with children or vulnerable adults and is EITHER: • of a specifiednature • in a specified place • fostering and childcare OR • a definedposition of responsibility

  5. Who has a duty to refer? • Regulated Activity Providers • Local Authorities • Professional bodies • Supervisory Authorities • Personnel suppliers

  6. When must you refer? • Permanent removal from regulated activity • AND • Referring party thinks that the person has either: • Engaged inrelevant conduct • Satisfied theharm test or • Received a caution or conviction for a relevant offence

  7. 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?

  8. 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?

  9. 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?

  10. Workshops • Two ‘real’ case studies • Examine the cases in groups using question sheets to facilitate discussion

  11. Barring Decision Process Automatic inclusion subject to representations Children Relevant Conduct (Behaviour) Facts can be treated as proved Conviction Caution Risk of Harm Specialist referral Yes – including expert evidence submitted None received Competentbody findings Assessment. Including: mitigating or aggravating factors. (Incident specific and person specific information) Case received by ISA Representations Minded to bar and appropriate to bar? Which list? Referral Information Level of future risk of harm to Children or Vulnerable Adults? Representations and/or specialist referral - do these cast doubt on any findings on the facts or the assessment of risk? Initial assessment – which of the powers to bar are relevant ? Follow red arrows only when representations received Vulnerable Adults Do the characteristics of the case merit further consideration? Relevant Conduct (Behaviour) Do you remain satisfied that the barring decision is appropriate? Is barring required to prevent harm to Children/ Vulnerable Adults? Risk of Harm Further Information that is gathered or received Cumulative Behaviour Public Confidence: Taking account of all circumstances including impact on individuals, would the barring decision undermine a reasonable person’s confidence in the system? Did relevant conduct happen or is one of the risk of harm categories satisfied? Facts must be proved on the balance of probabilities. 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?

  12. 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

  13. Know who and when to refer Understand the referral process Improved confidence in referring to the ISA Review of Aims

  14. Questions?

  15. Contact Details – Ruth Williamson: 01325 953759 Michelle Monty: 01325 953681 Sarah Harris: 01325 953800 Website www.isa.homeoffice.gov.uk Helpline 01325 953795

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