Adrian McAllister

Comment on: Nurses will have no say in barring decisions

Adrian McAllister's comment 18-Mar-2010 9:56 am

I would like to clarify that it is absolutely not the case that nurses will have no say in barring decisions. A referral to the ISA will be made after an initial internal investigation following agreed local safeguarding and disciplinary procedures. This may also involve consulting with a relevant governing body or professional association. If, following the initial internal investigation and evidence gathering the employer thinks that 'relevant conduct' has occurred (a child or vulnerable adult has been harmed)or there is an ongoing risk of harm to the vulnerable and they have removed the person from regulated activity, they must make a referral to the ISA. As part of this process the employer should inform the person that as there is a risk to safeguarding, they will be referred to the ISA. On receipt of a referral, the ISA will write to the person advising them they have been referred. If, following a review of all the evidence the ISA is ‘minded to bar’, the person will be written to again and provided with copies of all the evidence the ISA has relied on in reaching that position. At this point a final decision has not yet been made. The person will be invited to make representations as to why they should not be barred. Upon receipt of the representations and any mitigating evidence provided by the referred person, the ISA will reassess the case in the light of the new information before coming to a final decision as to whether or not to place the person on one or both of the ISA’s barred lists.I suggest this is a far cry from the headline 'nurses will have no say in barring decisions'. There seems little value in creating an unnecessary bureaucracy whereby we ask the referred person for 'representations' in advance of the 'minded to bar' position being reached given that many cases will be closed prior to that point. Employers have always had a responsibility to deal with employee misconduct where harm has occurred or there is a risk of harm to children or vulnerable adults. What has changed is the duty placed upon employers to make a referral to the ISA in such circumstances. On the point of spurious allegations, I am acutely aware that this is an issue the ISA has to deal with. The ISA has ben making barring decisions for over a year now and I have no evidence, and have received no representations that the ISA has barred someone on this basis. If there is evidence to the contrary, then I would be grateful to receive it and I will review the case as a matter of urgency. Finally, we continue to work with the Health Sector, relevant regulatory bodies and Unions to help clarify the requirements of the Scheme and I believe good progress is being made, not least with regard the referral process. Adrian McAllister Chief Executive Independent Safeguarding Authority