Common sense approach

The previous government had proposed that from November 2010 it would be compulsory for new employees or volunteers working in regulated or controlled activities with children or vulnerable adults to register with the Independent Safeguarding Authority. A programme of registering existing employees was to be rolled out over the following years.

The aim was to show that employees and volunteers posed no risk of harm and agreed to future checks on their risk status. Voluntary registration was due to commence on 26 July 2010 with a registration fee of £64.

However, at the end of last month the coalition government halted the registration system in order to tone it down to ‘common sense and proportionate’ levels. Since then, social housing providers have been focusing considerable resources on analysing their workforce in order to identify who is covered by the new regime.

Maintenance staff need to access people’s homes and in doing so may have contact with children or vulnerable adults. Other employees will have access to sensitive records relating to children or vulnerable adults. Both fall within the ambit of the ISA. At present there is no clarity on when the scheme will be restarted.

Although the registration part of the scheme is delayed, social housing providers need to be aware that they are still under a duty to report to the ISA anyone whom they dismiss where they have, or may have, harmed a child or vulnerable adult. Or, more importantly, they must report where someone has done this and resigned, but might have otherwise been dismissed.

James Lynas, is a consultant at Winckworth Sherwood
jlynas@wslaw.co.uk

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