CRB Checks
The need for education institutions to perform a CRB check is unaffected by the introduction of the new scheme and the existing application form will continue to be in use until July 2010 when the CRB will introduce a new application form which will allow individuals to apply for ISA registration and a CRB check on the same form. Whilst the ISA check will reveal if the person is registered and able to work with children and/or vulnerable adults, a person could be registered with the ISA but still have a criminal record that would make him or her unsuitable to do a particular job. The enhanced level CRB check will reveal if the person has a criminal record or any non-conviction information. Note that, from the launch of the new VBS, anyone employed in “regulated activity” will be entitled to an enhanced CRB check. This new process does not therefore affect the need for institutions to continue to check previous employment history and references carefully. The Criminal Records Bureau check will currently reveal information held on:
As the CRB check relies on knowing who the applicant is, it is important to check their identity. In some cases, the candidate will be known to the college or will be employed by a neighbouring establishment. If not, the college should ask to see a birth certificate, driving licence, or (best of all) a valid passport. It should be noted that colleges are required to keep a single annual record for all staff providing education, collating when checks on staff are made and by whom, including identity, qualification requirements, List 99 and CRB checks.All applicants should be asked to declare any convictions, cautions or bind-overs which they have incurred, including (unless they will not work with children under 18 at all) any that would be regarded as 'spent' under the Act in other circumstances. There are two types of Disclosure currently in use: Standard Disclosures show spent and unspent convictions, cautions, reprimands and warnings. These Disclosures no longer include a check of the old or new barred lists and so if a person will be working with children or vulnerable adults; it is likely that an enhanced check that is required. Enhanced Disclosures show spent and unspent convictions, cautions, reprimands and warnings just like a standard disclosure. The police may also provide details of acquittals or other non-conviction information held on local police records, which are relevant to the job or voluntary position being sought. The disclosure will also check the barred lists. Enhanced Disclosures are appropriate for lecturers, other staff and volunteers involved in regulated activity. Standard and Enhanced Disclosures must be signed by the applicant and authorised by an employer which is registered with the Bureau (colleges that provide their own personnel services will probably need to register.) The original Disclosure (save for any additional information provided by the police under the Enhanced Disclosure service) will be provided to the applicant and a copy will be sent simultaneously to the employer who authorised the application, in order to safeguard against fraud. There is currently no obligation to ask existing staff who were not previously eligible for criminal background checks to apply for Disclosure. However, if there arise any grounds for concern about the person's suitability to work with children or any, or the employee assumes additional responsibilities involving children, a fresh Disclosure must be obtained. Volunteers Disclosure for volunteers will continue to be issued free of charge. The CRB defines the term 'volunteer' in the following manner: 'a person who performs any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives'. Colleges should be aware that students undertaking work placement schemes as part of their courses will fall outside of the CRB's definition of a volunteer, as they are considered to be doing the work in order to gain money, course credits or qualifications. Colleges which place students in institutions such as care homes, registered domiciliary care agencies and adult placements should be aware that the student will be subject to a check that he or she does not appear on a barred list and will soon be required to be registered with the ISA.
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