How do people register with the ISA?
The ISA will open their doors for registration on 26th July 2010, though the law requiring that eligible new appointees are registered does not come into effect until 1st November 2010.
The registration application process will effectively be an extension to the current application process for an Enhanced Disclosure, using the same form but requiring a fee of £64 as opposed to the current Disclosure fee of £36.
The big difference with the process is that an individual can register themselves, without there being a 3rd party offering a specific role for which the registration is required (as with Enhanced Disclosures currently).
It is expected that people will only register themselves in expectation of undertaking regulated activity, but that is not a condition of application.
However, the rules on Disclosures will not change, i.e. an individual cannot obtain a Disclosure solely at their own request, so when an individual registers themselves with the ISA an Enhanced Disclosure will not be issued. The CRB/ISA fee will still be £64 though, as the Disclosure check will still be done and content assessed for potential barring. It just won't be issued.
DDC will be launching a self-registration website in May 2010, which will offer an online ISA registration process for individuals who are not eligible to have a Disclosure issued.
Conversely, when somebody registers with the ISA at the request of an employer, regulator or any Regulated Activity Provider, a copy of the Disclosure can be requested and both the Registered Body (DDC if we are acting on behalf of the organisation) and the applicant will receive a copy.
Process at the CRB/ISA
(Not what most people thought!)
At the CRB, applications requesting ISA registration will be notified to the ISA when they are received. The ISA will check the Barred Lists and provided the applicant is not barred at the time, they will be registered. Their registration details will be sent direct to the applicant, which should happen within 7 days of the application being submitted.
In parallel to the ISA registration process the Enhanced Disclosure application will continue on its way and eventually be completed. Should the Enhanced Disclosure checks produce any results in terms of conviction or non-conviction information, this will go through a process of evaluation at the CRB to see if it should be passed to the ISA. Where the sum total of information received by the ISA from all sources indicates the individual should be considered for barring, the ISA will follow their published process to reach a decision.
The individual will be party to the decision making process and have the right of appeal, unless they are automatically barred due to the seriousness of past offences (the list of qualifying offences is published).
If the decision is to bar, the subject's ISA registration will be withdrawn. Any organisations who registered an interest in the individual when checking their registration status will be notified by the ISA that the status has changed and the individual is no longer allowed to undertake regulated activity.
Under the Safeguarding Vulnerable Groups Act 2006 it is a criminal offence to knowingly allow a barred person to undertake regulated activity and a criminal offence on their part to do so.
Phasing
So as not to be swamped in the early days of the scheme, until 1st April 2011 the CRB will only accept applications requiring ISA registration from people taking up a new role after 1st November 2010. Even where the normal (3 year) Disclosure re-check cycle falls after 26th July 2010 but before 1st April 2011, the applicant should not request ISA registration.