CRB Checks

The Criminal Records Bureau (CRB) helps organisations identify people who are unsuitable for certain types of work, especially work involving contact with children and other vulnerable members of society. The CRB achieves its aims through the Disclosure Service which offers access to records held by police, Department of Health and Department for Education and Skills

 

CHANGES IN ELIGIBILITY CRITERIA FOR CRB CHECKS

The Eligibility Criteria for Standard and Enhanced Disclosures has now changed. Whereas previously Standard Disclosures were suitable for some individuals working with vulnerable groups, this is no longer the case. The Standard Disclosure will now be strictly for regulatory purposes, such as certain positions within the financial sector. Any individual undertaking a Regulated Activity, either through employment or as a volunteer, will require an Enhanced CRB Disclosure.

A Regulated Activity is defined as:

Activity involving contact with children or vulnerable adults that is of a specified nature (e.g. training, teaching, care, supervision, advice, medical treatment or, in certain circumstances, transport) on a frequent, intensive and/or overnight basis. Activity involving contact with children or vulnerable adults in a specified place (e.g .schools, care homes, etc), frequently or intensively. Fostering and childcare Certain specified positions of responsibility (e.g. school governor, director of children’s services, director of adult social services, trustees of certain charities).

Note: ‘Frequently’ is defined as one occasion per week or more on an ongoing basis with the same group of children or vulnerable adults.

Note: 'Intensive’ is defined as on four or more occasions in any 30 day period with the same group of children or vulnerable adults.

 

 Levels of Disclosure

 

There are two different levels of Disclosure. Selecting the appropriate level depends on the position applied for and the type of work involved. Some positions naturally require more in-depth and more confidential information about an applicant than others.

 

Standard CRB Disclosure

Employement sectors eligible for Standard Disclosures:

• Financial Services
• Security
• Law Enforcement
• Legal Professions

Please note:- Standard Disclosures are not suitable for those working with children and vulnerable adults in regulated and controlled activity, providing day care, childminding, fostering or adoption services. While such posts are included within the scope of the Exceptions Order, an Enhanced Disclosure must be sought.

 

 Enhanced Disclosures

 

An Enhanced Disclosure is usually recommended for posts involving work in a  Regulated Activity with children or vulnerable adults. Eligibility for Enhanced crb checks extended in October 2009 to include anyone working in a regulated activity with a regulated activity provider. If you need advice on whether you qualify for an enhanced crb check, contact us now in the strictest confidence.

Examples include teacher, scout or guide leader, contractors on school sites in professions supplying services such as IT, electricians, ground workers, roofers and building contractors- in fact anyone offering services to the school or hospital.

This level of enhanced criminal record check requires an additional level of check to those carried out for a standard application. An enhanced level of crb check includes a check on local police records.

  

Regulated activity includes anyone who works or volunteers in the following settings on a frequent or intensive basis and whose work brings them into contact with children and vulnerable adults

Such places would include:

• Schools
• Childcare Premises
• Residential Homes
• Children's Hospitals
• Childrens' detention centres
• Childrens' centres
• Adult care homes

Regulated activity includes any form of work (paid or voluntary) carried out for a setting or establishment specified in the Safeguarding Vulnerable Groups Act which is on a frequent or intensive basis and which provides an opportunity for contact with children or vulnerable adults. This may include catering, cleaning, administrative and maintenance staff if they work once a week or more or four days in a single month or overnight.

Specified settings are limited to:

• Schools (educational institutions exclusively or mainly for the provision of full-time education to under-18s)
• Pupil referral units
• Childcare premises (including nurseries)
• Residential homes for children in care
• Children’s hospitals (hospitals exclusively or mainly for the reception and treatment of children)
• Children’s detention centres (institutions exclusively or mainly for the detention of children)
• Children’s centres in England and Wales, and
• Adult care homes (residential care or nursing homes in Northern Ireland).

Work in any of the specified settings is regulated activity if it is done frequently or intensively. However, contractors who visit for example, different care homes, children’s hospitals or schools will not meet the frequent or intensive tests if they visit several different specified settings but do not work frequently in the same one

• frequent means once a week or more
• intensive means four times in a month or overnight
• and both now have to be in the same establishment

Posts include departments such as catering, cleaning, administrative and maintenance workers or contractors and their managers or supervisors.

Can any voluntary organisation make CRB checks on their staff and volunteers? 

Only voluntary organisations that work with children or vulnerable adults can ask for Standard and Enhanced Disclosures. The Rehabilitation of Offenders Act 1974 prevents other categories of voluntary organisations from obtaining this level of information.

What does ‘working with children’ mean?

The definition of working with children is based on the concept of the ‘regulated position’ contained in the Criminal Justice and Court Services Act 2000. If a job (paid or unpaid) falls within one of the categories of regulated position then it is classed as working with children. Regulated positions include: 

• Any employment in schools, childrens’ homes, day care premises where children are presentCaring for, training, supervising or being in sole charge of childrenUnsupervised contact with children
• Other positions which give the kind of access or influence which could put children at risk if held by a disqualified person (eg management committee members)

Organisations are likely to fall into the definition of working with children include those which: 

• Run youth clubs, Organise or arrange facilities or activities for children, Offer counselling to children, Run out of school play clubs, Run play groups.

What does working with vulnerable adults mean?

Disclosures are available for any paid or unpaid work which is concerned with the provision of health care services to vulnerable adults: eg 

• Accommodation and nursing or personal care in a home, Personal care, nursing or support for a person living independently, Social care services.
• Any services provided in an establishment catering for a person with learning difficulties

Vulnerable adult means a person aged 18 or over who has one or more of the following conditions: 

• A substantial learning or physical difficulty, A physical or mental illness/mental disorder, including alcohol or drug addiction
• Significant reduction in mental capacity

There is no definitive list of positions for which criminal records checks are required or recommended but the CRB provides a range of helpful information. 

Are disclosures compulsory for all relevant positions?

CRB legislation itself does not make it compulsory for organisations to make CRB checks for each relevant post. However, it is a criminal offence to knowingly offer paid or unpaid work with children to someone who is disqualified from working with children or to allow them to continue doing such work. 

 What is the procedure for applying for a disclosure? 

Advice on the procedure for applying for a disclosure is available from CRB or KDVC. 

Organisations should ensure that all job applicants are made aware early on in the recruitment process that a Disclosure will be sought (eg in the job advert) There should also be a statement to the effect that a criminal record will not necessarily be a bar to obtaining the position. It is the individual, rather than the organisation, who applies for a Disclosure. The application form will be countersigned by a body registered with the CRB for that purpose; these are known as an umbrella body (eg Keighley & District Volunteer Centre) 

Can a Disclosure be used more than once?

A current Disclosure issued for one position may be suitable for another job or voluntary position eg someone taking up two positions that require Disclosures at more or less the same time could avoid making two applications to the CRB. The duties of the second post must be compatible with those relating to the position for which the Disclosure was originally issued. Each Disclosure reflects the position as at the date of issue. There is no time limit on the validity of a Disclosure but clearly the closer to the date of issue of the Disclosure, the more reliable its contents. The Charity Commission recommends that charities, as best practice, only accepts a previously issued Disclosure if it is no more than 3 months old. In all cases the overriding consideration must be safety.