Referral to the Independent Safeguarding Authority - Safer Derbyshire

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Draft Locally Derby and Derbyshire Safeguarding Adults Policy and Procedures require that the chair of both strategy meetings and case conferences address with employers of implicated staff or managers whether a referral for inclusion on the PoVA/future Vulnerable Adults List should be made. A referral under safeguarding will always be made where a referral to the list is being considered. Similar arrangements are mirrored for children through the Derbyshire Safeguarding Children Board and respective barring lists. Referrals to ISA 1) What do we mean by a ‘referral’? This is when information about an individual is passed to ISA for considered inclusion on the relevant barring list(s). . In general terms, if a decision has been made to cease using a person’s services (e.g. dismissed from work) because that person has either harmed a vulnerable adult or child in the course of their work or poses a potential future risk of harm, the matter should be referred to ISA. 2) Where should referrals be made to? (Please refer to page 6 in regards to where to go for advice before making a referral) The address to where referrals should now be made is: Independent Safeguarding Authority PO Box 181 Darlington DL1 9FA For queries relating to PoVA/future Vulnerable Adults List referrals either email: ISADispatchTeam@homeoffice.gsi.gov.uk or Telephone 01325 953794 or 01325 953757 For queries relating to PoCA, List 99 and future Children’s List referrals either email: ISADispatchTeam@homeoffice.gsi.gov.uk or Telephone 01325 953795 or 01325 953796 2
Draft At what point in time should a referral for the PoVA/future Vulnerable Adults List be made to ISA? In general terms a referral should only be made after disciplinary procedures have been concluded. (Social Care Institute for Excellence (SCIE) guidance January 2009). This approach has also been reflected within former CSCI Guidance for Inspectors – Protection of Vulnerable Adults Scheme. However, the circumstances in which a referral should be made to ISA for considered inclusion on the barring list are as follows: (Nb. Similar circumstances/considerations apply for those who work with children and in respect of referrals for inclusion on PoCA, List 99 or future Children’s barring List) o the provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed (see note 1) or placed at risk of harm a vulnerable adult (see note2 below). o the worker has resigned, retired or been made redundant in circumstances such that the provider would have dismissed them (see note 3) below , or o would have considered dismissing them (see note 4 below), on such grounds if they had not resigned, retired or been made redundant; o the provider has, on such grounds, transferred the worker to a position which is not a care position; or o the provider has, on such grounds, suspended (see note 5 below) the worker or provisionally transferred them to a position which is not a care position but has not yet decided whether to dismiss them or to confirm the transfer. 1) What is harm? “Harm” is defined as “ill treatment or the impairment of health or (for those with conditions relating to mental health/learning disability) impairment of development”. Harm can include placing vulnerable adults at risk of harm thorough non-action or neglect or by inciting others to commit harm. No secrets: Guidance on policies and procedures to protect vulnerable adults from abuse (Para 2.5) defines abuse as ‘a violation of an individuals human and civil rights by any other person or persons’ This may consist of a single act or repeated acts. Paragraph 2.7 describes different forms of abuse under the following headings: 3
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Referral to the Independent Safeguarding Authority - Safer Derbyshire

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