The Law is Changing
The ISA make decisions over who should be barred from working with vulnerable people. These decisions are legally binding so a barred person must not undertake certain roles under any circumstances. The ISA will also share concerning information on registered individuals to ensure employees and volunteers are safe to work with vulnerable groups. Failing to comply could result in both the employer and the employee or volunteer being prosecuted and even going to prison.
How are Cycling Clubs affiliated to BC affected?
Essentially, whilst legal liability for employing/deploying someone into a regulated role will sit at club level, responsibility for providing guidance and for administration of CRB and ISA (which will be applied for on the same form from July) will still sit with British Cycling. The key message to clubs is 'don't panic' and ''keep doing CRB and existing checks' plus 'we will ensure you have the guidance you need as soon as it is available'.
From October 2009 employers and professional regulators will have a duty to refer information to ISA on people who may pose a threat to children and vulnerable adults.
From July 2010 all new employees, those moving jobs and volunteers who want to work with children or vulnerable adults can register with the ISA.
From November 2010, all new employees and volunteers must register with the ISA before they start work. From then it will be illegal to employ people who are not ISA-registered.
The existing employees and volunteers will be gradually phased in between January 2011 and July 2015.
Working with the CRB
ISA-registration will not replace the need for Criminal Records Bureau (CRB) Disclosures but represents an extra level of protection. This new Scheme helps to ensure that employers can be more confident than ever before that they are hiring a suitable person by making it a legal requirement for everyone who is working with children or the vulnerable to be ISA-registered. A CRB Disclosure will reveal if the person has convictions that would make an employer consider them unsuitable to do the specific job, such as convictions for theft, fraud or dishonesty. When used together, the ISA-registration and CRB checking process will provide employers with one of the most comprehensive assessment and review services available to date.
How employees and employers are affected
From November 2010, all new employees and volunteers who want to work with children and vulnerable adults in a wide variety of settings must be ISA-registered before they can be legally employed. Obtaining ISA-registration is the employee's responsibility. It is not a difficult or time-consuming process and there is a one-off cost of £64 (£28 ISA/£36 CRB administration costs). ISA-registration for unpaid volunteers is free. There are two areas of ISA-registration, one covering working with children and one covering working with vulnerable adults.
Once successfully ISA-registered, for either or both groups, an individual is ISA-registered for life in most cases and does not need to reapply. For employers wanting to hire that person they will need to first check their registration status. This can be done online for free. Only then, when a candidate's ISA-registration has been confirmed, can they be taken on. At first, the Scheme will affect new employees and volunteers only. Over time, the registration process will be phased in to include current employees and volunteers.
Does this affect me or my organisation?
To find out who is affected by these changes and what, if anything, needs to be done, please visit www.isa-gov.org.uk
As an organisation or individual who undertakes work in a paid or unpaid capacity with children or vulnerable adults, these changes to the law will affect you.
British Cycling has a designated department who work specifically in this area, please visit the Safeguarding Children area of the British Cycling Website for more infromation.
Together we can help prevent the unsuitable from working with the vulnerable.
For more information about the Vetting and Barring Scheme, the Independent Safeguarding Authority, the registration process, who is affected and how, please visit www.isa-gov.org.uk or call 0300 123 1111*.
For more information on CRB Disclosures please visit www.crb.gov.uk or call 0870 90 90 811
For more information on Safeguarding Children in Sport please visit www.nspcc.org.uk/
