INTRODUCTION
The Government introduced the Police Act 1997 as a result of concerns in the field of child protection. This brought in new requirements for the conduct of criminal records checks for paid and volunteer workers who work with children and vulnerable adults. These new requirements included the establishment of the Criminal Records Bureau. The Church in Wales's procedures are in response to this concern.
What is the Criminal Records Bureau (CRB)?
The Criminal Records Bureau, based in Liverpool, has been established by the Government to implement Part V of the Police Act 1997. It has been set up to improve access to criminal records checks for employment-related and volunteering purposes.
It function is to make separate enquiries to the Police National Computer and lists held by the Department of Health and Department for Employment and Education. The new Criminal Records Bureau provides a "one stop shop" for all criminal records enquiries.
The services provided by the Criminal Records Bureau will facilitate safer recruitment decisions and help organisations to make more informed decisions about the suitability of people who are seeking to work, and already work, with children and young people.
What is the purpose of the legislation setting up the Criminal Records Bureau?
The legislation establishing the Criminal Records Bureau is part of a larger package of Government measures designed to improve the protection of children and other vulnerable people. By making more information available from police records and other records, it will help prevent unsuitable people having access to jobs and positions that provide opportunities to harm children and vulnerable adults. The service will also be used to speed up the checking of those professions and areas of employment that are subject to the exceptions order of the Rehabilitation of Offenders Act 1974.
The new legislation greatly improves access to and widens availability of information that has previously only been available to very few employers and voluntary organisations.
What will the Criminal Records Bureau provide in order to achieve this?
The Criminal Records Bureau will provide a service called "Disclosure". The Disclosure service will be available to employers and voluntary organisations. These organisations will be able to ask successful job applicants and volunteers to apply for disclosure if the position requires that such a check is necessary.
What is Disclosure?
Disclosure is when the Criminal Records Bureau will provide information to the applicant and the Registered Body on the criminal convictions held about the applicant. There are three types of Disclosure.
What are the types of Disclosure and what do they mean?
Once a check is completed the Criminal Records Bureau will issue one of three Disclosures: Basic, Standard or Enhanced. The type of check carried out will depend on the nature of the job or voluntary post applied for.
The Basic Disclosure
The Basic Disclosure will show all convictions held at national level which are not "spent" (as defined under the terms of the Rehabilitation of Offenders Act 1974). All employers and voluntary organisations will be entitled to ask prospective employees/volunteers to obtain a Basic Disclosure.
The Standard Disclosure
These are primarily for positions paid or voluntary that involve regular contact with children, or vulnerable adults. They will also be issued for people entering certain occupations such as members of the legal profession and accountants. These occupations are some of the excepted professions, offices and employment referred to in the Rehabilitation of Offenders (Exceptions) Order 1975.
Standard Disclosures contain details of all convictions on record (including 'spent' convictions - i.e. those that happened some time ago and normally no longer need to be revealed as specified in the Exceptions Order to the Rehabilitation of Offenders Act 1974) plus details of any cautions, reprimands or warnings. For positions involving regular contact with children or vulnerable adults in education or health related childcare they will also give information contained on government department lists of people considered unsuitable to work with children.
The Enhanced Disclosure
These are for posts involving greater contact with children or vulnerable adults such as social worker or doctor. Enhanced Disclosures will also be issued in respect of other positions such as those seeking judicial appointments, and certain statutory licensing purposes.
All Enhanced Disclosures involve an extra level of checking with local police force records in addition to checks with the Police National Computer and the government department lists.
Which level of Disclosure will I be required to have?
The Bench of Bishops' has decided that all clergy will be required to obtain the Enhanced Disclosure. This decision was arrived at following advice from the Criminal Records Bureau that the work of clergy is considered to be sufficiently sensitive as requiring an enhanced disclosure.
How will the Disclosure process work?
It is intended that employers and voluntary organisations will request a Disclosure before a provisional offer of employment or appointment to a volunteer post is made to a candidate. The individual will then be asked to submit an application form to the Criminal Records Bureau.
For Standard and Enhanced Disclosures, there will be a requirement for the application to be countersigned by a Registered Body (any employer, organisation or individual who is entitled to ask exempted questions under the Rehabilitation of Offenders Act 1974). The original Disclosure will then be issued to the individual and a copy sent to the Registered Body.
How long will it take to obtain a Disclosure?
The Criminal Records Bureau has advised that upon receipt of a valid application for a Basic and Standard Disclosure the Disclosure will be issued within I week. The most advanced level of check, the Enhanced Disclosure, will be issued within 3 weeks.
What is a Registered Person or Body?
A person or organisation that is likely to ask exempted questions under the Rehabilitation of Offenders Act 1974, or will act on behalf of groups or individuals asking exempted questions, may apply to be registered with the Criminal Records Bureau. The Church in Wales is a Registered Body.
Why is registration necessary?
Registration is necessary, as it is one of the principal means by which proper control will be exercised over the Disclosure and use of criminal record information. A Registered Body must countersign all applications for Standard and Enhanced Disclosure. The Church in Wales is a Registered Body, and, must act in accordance with the Criminal Records Bureau Code of Practice provided for within the Police Act 1997.
What will the Criminal Records Bureau Code of Practice for Registered Bodies cover?
The detail of the code is under consideration but will include the following:
- Fair use of information
- Handling of information
- Assurance
- Umbrella bodies
- Failure to comply with the Code of Practice
Further information about the Code of Practice can be found on the Criminal Records Bureau website: www.crb.gov.uk
Will there be a mechanism in place to monitor whether Registered Bodies are complying with the Criminal Records Bureau Code of Practice?
Yes, the Criminal Records Bureau will implement a variety of safeguards and monitoring mechanisms to ensure compliance with the code. The Criminal Records Bureau is committed to delivering a quality service and will expect all partners including Registered Bodies to adhere to stringent quality processes.
Registered Bodies will be required to: -
- Take all reasonable steps to verify the identity of applicants for whom disclosures are sought
- Retain records of checks and relevant documents
- Have a written policy on the handling of Disclosure information
- Deal with the storage and disposal of the information in accordance with guidance issued by the Criminal Records Bureau
- Co-operate with requests from the Criminal Records Bureau for compliance checks
- Ensure that all signatories comply with the requirements that specifically relate to their role.
What if there is a suspicion of malpractice by the Registered Body?
Any suspected malpractice by the Registered Body relating to the Criminal Records Bureau Code of Practice should be reported to the Criminal Records Bureau.