The basics of the ISA
From October 2009, when you recruit someone new to work with children or vulnerable adults you will need to check their ISA status. This will determine whether or not you can employ them (or take them on as volunteers), and may affect what activities they can undertake.
We divide work with vulnerable groups into two categories: controlled and regulated activities. (For full definitions of these see the downloadable pdf factsheet on controlled and regulated activities.)
Only an ISA-registered person can undertake regulated activity – it is illegal to employ an unregistered person and can result in imprisonment or a fine of up to £5000. An unregistered person means that a person has either not applied to register with us or that they are on an ISA Barred List.
For controlled activity it is still mandatory to check the ISA status of an applicant before you employ them. However, you may be able to employ a barred person provided certain safeguards are in place.
For certain organisations and posts you will also need to carry out a Criminal Records Bureau (CRB) check on applicants.
Existing employees
You will also need to ensure that existing employees are ISA-registered.
First you should ask those who have not been previously checked by the Criminal Records Bureau (CRB) to apply for ISA registration.
Next you should ask those who have been CRB checked to apply, beginning with staff whose CRB checks are the oldest.
We will add detailed guidance on the timing of this process as the ISA vetting service is phased in.
Registering with us
It is the individual applicant’s responsibility to apply to register with the ISA. If they have not applied for registration you can’t employ them. It is your responsibility to check a potential employee or volunteer’s status. If an applicant is not ISA-registered they have either not applied or are on an ISA Barred List.
You will not be charged for checking someone’s ISA status.
Once you have registered your interest in an individual as their employer, you will automatically be contacted should their status change – that is, if new information leads to an ISA decision to bar them.
Your responsibilities for referring information to us
In order to continuously monitor ISA-registered individuals, we need information from employers.
Employers, professional and regulatory bodies, and child/adult protection teams in local authorities will be under a duty to refer relevant information to the ISA.
All other employers of those working with children or vulnerable adults may provide information to us.
How this applies to parents
As a parent employing someone to look after your children you are not obliged to check if they are ISA-registered, but you are free to do so for the extra reassurance this can offer.
If you wish to refer information about someone to the ISA you should do this through a statutory agency such as social services or the police. They will be able to investigate the matter and refer information to us if appropriate.
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