1. Can a Disclosure be Used More Than Once?
Limitations
Risks
2. As a Recruiter, do I need to see a birth certificate if a passport or photo driving license has been supplied? Also what about marriage certificates?
A Recruiter is required to verify as much evidence of identity as possible. If an applicant is unable to do this, the Recruiter should give a brief explanation of the reason e.g. document lost or none held. It is advisable that the Recruiter sees evidence that the birth name of the applicant is the same they have now, unless it has been changed through, for example, marriage or deed poll. In this situation the marriage certificate/decree nisi or Deed Poll certificate will need to be seen and checked. All documents must be originals, not photo copies. Individuals who infiltrate organisations to abuse children have been known to conceal former names and we therefore recommend processing applications with the birth certificate and any additional documents listed above.
3. Isn't it rather pedantic of CCPAS to return documents because of a missing week in previous addresses?
The CRB stipulates that all addresses for the previous five years must be declared without any gaps in the dates. If forms are sent to the CRB with an incomplete list of dates and addresses it will be not be processed. The reason for this is that if an applicant has a conviction recorded at an address that is not disclosed, important information could fail to come to light, the applicant’s disclosure would be incorrect, and ultimately a child’s safety could be put at risk.
The CRB form would be much longer if it was designed to include every circumstance and situation but it is important to provide additional notes if the circumstances of the applicant cannot be explained fully from answering the questions on the form.
5. Are certain individuals legally “disqualified” from working with children?
Those on the Department for Education and Skills list 99 and the list held by the Department of Health: Protection of Children Act 1999 (PoCA list), and those who have committed offences listed in Schedule 4 of the Criminal Justice and Court Service Act 2000 are disqualified from working with children and young people. (Schedule 4 lists offences of a sexual and violent nature against children and adults). A person disqualified will commit an offence if he/she applies for, accepts or continues to work with children. An individual who knows a person is disqualified but nevertheless gives him/her work with children or continues to allow him/her to work with children also commits an offence under the Act. The disqualification is from working with children in the public, private, voluntary and volunteering sectors. Information on those who are disqualified is available through the two higher level disclosures (standard and enhanced checks) from the Criminal Records Bureau/Scottish Criminal Record Office. Access to the CRB/SCRO has to be made via a registered body like CCPAS, which acts as an umbrella organisation for churches and children’s organisations. It is the view of CCPAS that any adult who has committed an offence of a sexual or violent nature against children or adults should never work with children or young people again, or be appointed to a position of responsibility where they are seen by children and young people. This is in the interests of children and also past offenders, even where they have been appropriately repentant for the things they have done.
Under ISA those deemed unsuitable for working with children or vulnerable adults under POCA/POVA, List 99 have had their cases examined and, where appropriate, have been added to the ISA barred lists
6. Can you give me clarification in regard to requirements for destroying the information you send us?
CRB Code of Practice only allows you to keep information that a check has been completed – you cannot keep a record of the result. You should destroy the certificate as soon as you have made the recruitment decision. If the information supplied raises queries you can keep the information for up to 6 months. If there is a need to retain the details after this the CRB and ourselves as an umbrella body must be contacted. In ordinary circumstances therefore we advise that you destroy the certificate immediately after checking the details are correct. If you are keeping information unnecessarily then this could be grounds for complaint by an applicant. If you are keeping it beyond 6 months then this will be in conflict with the CRB code of practice and is an offence.
The only exception to the 6 month rule is where the organisation is government inspected e.g. a nursery regulated with OFSTED or a Care Home regulated with CSCI. In these circumstances organisations can keep the certificates until next registration to demonstrate they have undertaken a criminal records check. Once the inspection has taken place the certificates must be destroyed. Check with your local inspectors to se what there requirement is.
7. Does the suggested Equal Opportunities Policy conflict with our values as a church?
The Criminal Records Bureau/Scottish Criminal Records Office/Access NI require organisations to have a policy to ensure they do not discriminate against those who have a criminal record. There are many who have offended in the past who should not be denied employment (paid or voluntary). However this does not apply if the nature of their offence(s) means that they might pose a risk to a child or vulnerable adult.
The CRB/SCRO/Access NI have provided an outline of a Rehabilitation of Offenders-type policy for organisations to consider adopting within a general Equal Opportunities Policy. We have adapted this further to make it more relevant to churches or faith groups. It can be amended but it is important it meets CRB/SCRO/Access NI requirements and is not illegal.
Our amended version emphasises the fact that services are provided by churches to the wider community regardless of their beliefs. Some churches have mistakenly thought that an Equal Opportunities Policy is intended for church membership or can be applied in all aspects to appointing someone to the ministry. A church may provide services to a range of people of different faiths, but this does not imply that the Minister or Church Leader does not need to be a Christian! Clearly, s/he would need to be able to sign up to the tenets of faith in order to do the job. The CRB/SCRO/Access NI are more concerned there is no discrimination against past offenders unless it is necessary to do so.8. How do we check overseas students/volunteers?
The Criminal Records Bureau does not generally have access to overseas criminal records. Some countries, including most in the EU, operate a system whereby a citizen can obtain a Certificate of Good Conduct or extracts from their criminal record to show to a prospective employer. However, the level of information varies from country to country and any Certificate of Good Conduct is unlikely to be to the same standard as Criminal Records Bureau/Scottish Criminal Records Office checks. You will also need to bear in mind that in many countries an awareness of the issues surrounding sexual abuse and its effects is limited.
Even within Europe there are significantly different approaches, e.g. the age of consent in Spain and the Netherlands is 13 years. In Germany the slate is wiped clean when the individual reaches 25 years, so any previous criminal history would not be supplied.
Situations may not come to light so readily or be investigated in the same way as in the UK. The CRB has developed a service to assist with checks on workers from overseas called the Overseas Information Team and can be contacted on 08700 100 450. Be aware that the quality of information received by the Overseas Information Team will vary and the result of a criminal records check may be returned in a different language.
Even though the Police National Computer holds limited information on overseas convictions, for someone who applies to work in the regulated childcare sector with a substantial record of overseas residence, employers must still check the Protection of Children Act list via the Criminal Records Disclosure Service.
In many cases you may well be able to use an overseas worker as an occasional helper (see above), ensuring that the person concerned is never left alone with children and is always in the company of an approved worker.9. Our church has linked with a local organisation (care home) to carry out Criminal Records Checks. However, a question has been raised whether we can satisfy the CRB requirement that those involved in the recruitment process are suitably trained to identify and assess information about offences and correctly interpret relevant legislation regarding the employment of ex-offenders.
A number of churches and organisations have discovered that their umbrella body is only able to provide a basic processing service and have little or no understanding of church child protection related matters or the particular issues arising from offenders in churches.
Very few churches are equipped to meet the legitimate demands of the CRB but churches linked with CCPAS will receive advice and support in all these areas. If a Recruiter needs to be advised of information that comes to light during a check, they will be linked with a member of our staff who will provide advice and support. This person will be someone who is not involved in the disclosure process in order to ensure that we meet the demands regarding confidentiality. This is fully explained in the information sent to Recruiters.
10. The CRB/SCRO require recruiters to be suitably trained to assess the relevance of past offences which might be revealed. How can we as a church meet this requirement?
As part of our disclosure service we provide consultancy and advice in individual situations through a worker we will assign for this purpose. You are therefore covered if you are part of our scheme. If you are registering directly with the CRB/SCRO/AccessNI (or through someone else, e.g. your own denomination/umbrella or local group) then make sure you/they are equipped to provide this. It is your responsibility to make certain that this is in place. It is not optional. If you are not part of our service but would want to use this support, then you must register this interest with us. Requests should be made via e-mail or letter.
11. I am a self-employed freelance worker. Can I apply for a CRB check as I work with children?
The checks currently made via the CRB are to enable employers to make appropriate recruitment decisions and are therefore not available to people who are self-employed. Voluntary workers with children can wear several “hats” and it may well be that they would qualify for a check in another capacity, e.g. as part of a church. For the check by the church to have any value in a self-employed/freelance capacity, their roles as a self employed worker and their role within the church would have to be broadly similar. It should also be remembered that a clear certificate does not necessarily mean there are no concerns. See question 9 (page 9) regarding the portability of criminal records checks. This will change with the introduction of the ISA. From July 2010 self employed individuals can register an interest in ISA and from November 2010 can join the scheme.
12. I want to find out whether the police hold any information about me on the police national computer and local police records. How can I do this?
Under the Data Protection Act 1998 individuals can ask for information held about them. This applies to paper records as well as computer data. It is proposed that enquiries about information held on the Police National Computer will eventually be administered by the Criminal Records Bureau. However until this happens, individuals must apply direct to their local police station. Further information on data protection can be obtained from: The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Website: www.ico.gov.uk . This cannot be used for your own purpose. No one should ask you to undertake this for employment or other purposes.
13. From July 2010, if someone is registered with the Independent Safeguarding Authority (ISA), would we still need to continue to carry out criminal records checks on those who work with children and vulnerable adults?
ISA registration requirements do not replace the need for safe recruitment and CRB checks. Indeed, some individuals may not need to register but these processes should be followed in relation to all who work with children or vulnerable adults.
The ISA now administers what was previously known as the government ‘banned’ lists. Although there is a quite a high threshold before someone is banned from working with children and vulnerable adults, it does not mean that people who have not reached that threshold are suitable to work with children or vulnerable adults. An obvious example is someone who has a criminal record for dangerous driving. They would not be banned from working with children but you would not want them driving your church minibus! This would also apply to someone about whom there are concerns who lives in the same household of, say, a Sunday school teacher and has children and young people visiting the home. This kind of information would only come to light by carrying out a CRB check regularly. The good news is that ISA registration is initiated by a CRB check and it’s only a question of ticking two extra boxes on the form.
14. There are occasions when employees and volunteers from my organisation come in contact with children and vulnerable adults at exhibition stands or when invited to speak at a church. These people haven’t been CRB checked up to now and I’m not sure they’re eligible. Can you help?
We cannot see that there would be grounds for checking someone working on an exhibition stand. This situation is no different from a shop keeper. In regard to speakers at churches or other venues, children and young people are likely to look up someone in this position in much the same way as a church minister or elder. Your workers would qualify to apply for a criminal records check in such circumstances, though the words ‘with child contact’ would need to be added after the job title when they fill out an application.
The question in regard to ISA is less clear. The person would need to be providing ‘training, supervision or care’ in order to qualify for compulsory registration. There will be some more specific guidance for the faith sector in the near future, which is likely to cover these points.
15. I’ve heard that workers (paid and voluntary) with children, young people or vulnerable adults won’t need to register with the Vetting and Barring scheme if they are involved in an activity on less than a weekly basis. Is this the case?
If a worker is subject to the frequent and intensive contact provisions in the Vetting and Barring Scheme, they will need to register. Frequent contact means the individual works with children once a week or more. Intensive is if the work takes place on 4 days in one month or more or overnight. However, CCPAS is very aware that workers in churches may not feel they fit the criteria because of rotas or less frequent involvement for other reasons. This inevitably means that people who pose a risk may be able to gain access to children and vulnerable adults. It is therefore vital that proper recruitment procedures are still undertaken, i.e. application and self disclosure forms, interview and a criminal records check. As at December 2009 CCPAS is seeking further clarification on this from the DSCF on the Vetting and Barring Scheme regulations.
Frequently Asked Questions - Criminal Records Disclosures