 |
||
CRIMINAL RECORDS BUREAU (CRB) DISCLOSURES - Some Considerations.
· In general terms, there is no legal requirement to CRB check volunteers unless in specific circumstances, particularly when a person’s ‘normal’ course of duties/involvement is with children and/or ‘vulnerable adults’, particularly if providing care, supervision, teaching, training, treatment, transporting, etc, on a regular basis, especially unsupervised, with the same individuals/groups.
· CRB checks are only available in cases where an organisation is entitled to ask “exempted questions” under the Exceptions Order to the ‘Rehabilitation of Offenders Act (ROA) 1974’. The two main exceptions relate to roles that involve regular contact with children or ‘vulnerable adults’.
· Employers and volunteer involving organisations may only request a CRB check where there is a legal entitlement to do so. There are cases in which CRB checks are carried out on individuals where there is a legal entitlement but no legal requirement to do so. In these circumstances, the decision whether to make a CRB check is a matter for the employer/organisation.
· Some organisations may be in such circumstances or subject to specific regulations/requirements.
· For most, the relevant regulations that require volunteers to obtain a CRB Disclosure are:
o ‘Protection of Children Act 1999’ – applies if they fit into specific definition of a child care organisation; and if volunteers are in one of the ‘regulated’ positions set out in the ‘Criminal Justice & Court Services Act 2000’.
o ‘Care Standards Act 2000’ – applies if provides residential or domiciliary care and is required to register with the ‘Care Quality Commission’
· As well as legal requirements to check in some circumstances, there are roles in which there is no legal requirement to check, but there is a legal ‘entitlement’ for organisations to request a check. This means that an organisation is legally allowed, but not required, to request a CRB check for that role. However, for people working closely with children and vulnerable adults, such as coaches in sports clubs, and others who have direct, close and unsupervised regular contact with children and vulnerable adults, particularly providing care, teaching, supervision, treatment, etc, it will often be a Sports National Governing Body requirement; or a funding organisation’s requirement; or other requirement/legislation to carry out CRB checks.
· But revelation of past convictions should not automatically prevent someone from volunteering or employment. Appropriate assessment should take place, ideally following a policy on involvement of ex-offenders as part of compliance with the CRB legislative Code of Practice and the ROA Act.
· Those outside this, may not be legally required/compelled to do CRB checking, but still have a general ‘Duty of Care’, so need to consider assessing risk; what measures to put into place to control risk; whether consent from the person with parental responsibility is needed, etc, and having appropriate and effective recruitment measures (which may include obtaining references; interviewing volunteers; having thorough training/induction; appropriate supervision, Safeguarding Children and Vulnerable Adults understanding, policies and procedures; scrutinising employment history, etc).
Organisations need to look carefully at the roles, contact and working environments of volunteers:
• Are they working directly with Children and/or Vulnerable Adults in their ‘normal’ course of duties/involvement, particularly providing care, supervision, teaching, training, treatment, transporting, etc, on a regular basis, especially unsupervised, with the same individuals/groups?
• Are their roles listed as a CRB ‘Disclosure Access Category Code’? For example:
o “Any work which is defined as regulated activity relating to children (or vulnerable adults) within the meaning of Part 1 (for children) and Part 2 (for vulnerable adults) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (Category Code 01 or 02) - basically, the criteria of the 'Vetting & Barring Scheme'.
• How much access do they have to the same individual/groups of children and/or vulnerable adults?
• Do they have unsupervised access?
• Do they have one-to-one contact?
• How regular and intensive is the contact?
• What other things are in place to assist the involvement of only appropriately suitable people (such as obtaining references; interviewing; having thorough training/induction; appropriate supervision, Safeguarding Children and Vulnerable Adults understanding, policies and procedures; scrutinising employment history, gaining consent from person with parental responsibility, etc).
This has been general information. For more detailed information visit:
ISA: www.isa-gov.org
CRB: www.crb.gov.uk
‘Safeguarding Vulnerable Groups Act 2006’:
|
WORKING WITH       |
|