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 Cumulative Behaviour Referral Information Further Information that is gathered or received Representation s Representations and/or specialist referral - do these cast doubt on any findings on the facts or the assessment of risk? None received 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 be treated as proved Conviction Caution Competent body findings Initial assessment – which of the powers to bar are relevant ? Case receive d by ISA Relevant Conduct (Behaviour) Risk of Harm Children Relevant Conduct (Behaviour) Risk of Harm Vulnerable Adults Do the characteristic s of the case merit further consideration ? Assessment. Including: mitigating or aggravating factors. (Incident specific and person specific information) Specialist referral Level of future risk of harm to Children or Vulnerable Adults? Is barring required to prevent harm to Children/ Vulnerable Adults? Minded to bar and appropriate to bar? Which list? Follow red arrows only when representations received Do you remain satisfied that the barring decision is appropriate? Yes – including expert evidence submitted

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: Michelle Monty: Sarah Harris: Website Helpline