Criminal Records Bureau (CRB) policy statement

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					Criminal Records Bureau (CRB) Policy Statement
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Introduction ............................................................................................................. 1 General Principle..................................................................................................... 1 Types of CRB Disclosure ........................................................................................ 2 Exception to the Requirement ................................................................................. 3 Validity of CRB Disclosures..................................................................................... 3 Portability of CRB Disclosures ................................................................................ 3 CRB Disclosure requirements for those moving positions within ESCC.................. 3 Frequency of CRB Disclosure checking .................................................................. 3 Commencement of work prior to receipt of CRB Disclosure ................................... 4 Receipt of CRB Disclosure .................................................................................. 4 Recruiting from overseas..................................................................................... 5 CRB Disclosures for agency workers/contractors/sub-contractors/volunteers..... 5

Key points • This policy statement provides clarification on the effective use of the CRB Disclosure process to safeguard the children and vulnerable adults who access our services.

Date last reviewed: November 2009 Contact: Personnel and Training 1. 1.1 Introduction East Sussex County Council (ESCC) is committed to safeguarding the welfare of those accessing its services through the effective use of the CRB Disclosure vetting process for all relevant groups of employees. ESCC uses the CRB Disclosure process as part of a range of options for assessing the suitability of preferred candidates, volunteers, contactors, agency staff, those transferring within ESCC, and the continued employment of those in specific roles which require reassessment. ESCC obtains and makes decisions based on information provided on CRB Disclosures in accordance with the Data Protection Act, the CRB Code of Practice, the Rehabilitation of Offenders Act and the regulations of the Department for Children, Schools and Families (DCSF) and the Department of Health (as regulated by OFSTED and CQC). This policy should be read in conjunction with ESCC's Employment of ExOffenders policy and the Storage and Retention of CRB Disclosure policy. General Principle ESCC obtains a CRB Disclosure for every employee or volunteer who is involved in ‘regulated’ activity. The same principle is also applied to agency staff and contractors / sub contractors.
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1.2

1.3

1.4

2. 2.1

2.2

To determine if an activity is classed as ‘regulated’, and therefore eligible for an enhanced CRB check, please refer to the table below provided by the Independent Safeguarding Authority. This table illustrates the principles of regulated activity:

2.2

Please note that all types of roles that take place in a ‘specified place’ (that take place frequently, intensively and / or overnight) will require an enhanced CRB check, irrespective of the level of contact with, or responsibility for, children and / or vulnerable adults. Types of CRB Disclosure CRB offers two types of check via the Disclosure process, Standard Disclosure and Enhanced Disclosure. Standard Disclosures are used primarily for people entering certain professions, such as members of the legal and accountancy professions. Please note that a standard Disclosure does not include a check of the barred lists and therefore anyone involved in regulated activity must have an enhanced disclosure. Enhanced Disclosures are the appropriate check for posts which are of a ‘specified nature’ or in a ‘specified place’ as in the table above. In line with DCSF regulations ‘Safeguarding Children and Safer Recruitment in Education’ as of 12th May 2006 all employees who commence school based positions will be required to undertake an Enhanced CRB Disclosure. Additionally, if there will there be access to a database that is covered under section 12 of the Childrens Act 2004 then an enhanced CRB check will be required. Please note that following the full introduction of the Vetting and Barring Scheme (VBS) the requirement to undertake CRB checks will also apply to those people who have frequent or intensive (i.e. once a month or more or more than 3 days in a 30 day period) access to any other sensitive records about children and vulnerable adults. Normally, the type of CRB Disclosure required is determined (through a risk assessment) by the manager responsible for the activity that the individual will be undertaking. Managers should conduct the risk assessment before the activity commences and in the case of recruitment to a vacant post this should take place before the Vacancy Control Form is submitted. Managers are also responsible for the ongoing reassessment of the post/work to ascertain if the level and type of contact the individual has with vulnerable groups has changed and, if necessary, to initiate a new CRB Disclosure.
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3. 3.1 3.2

3.3 3.4

3.5

3.6

4. 4.1

4.2

4.3

Exception to the Requirement The national minimum requirement for CRB compliance requires all those who commenced working with children and/or vulnerable adults after 1st March 2002 to undertake a CRB Disclosure. In accordance with guidance supplied by the Department of Children Schools and Families, those who were already working with children on this date and who have not had a break in service or significantly increased their level and/or type of contact with vulnerable groups are not required to undertake a CRB Disclosure. If there are concerns about an existing workers’ suitability to continue working with children and/or vulnerable adults there is the discretion to undertake a CRB Disclosure. Due to the requirements of the CRB Disclosure process the individual concerned must give their consent for the CRB Disclosure to be obtained. Personnel and Training (PAT) must be contacted for advice in these instances. Validity of CRB Disclosures There is no period of validity for a CRB Disclosure. A CRB Disclosure is technically out of date on the day it is issued as a new or further criminal conviction, caution, etc may be recorded against the individual at any time after the issue date. Portability of CRB Disclosures Portability refers to the re-use of a CRB Disclosure, obtained for a position in one organisation and later used for a position in a new organisation. ESCC does not accept portable CRB Disclosures for any positions. CRB Disclosure requirements for those moving positions within ESCC Where an individual has undertaken a CRB Disclosure for a position with ESCC and they move to another position within the organisation, the CRB Disclosure will be acceptable in the following instances: 7.1.1 the type of CRB Disclosure (i.e. Standard or Enhanced) and additional checks (i.e. for working with children and/or working with adults) are the same for the old and new post and 7.1.2 the individual has not had a break in service of more than three months and 7.1.3 the new work does not represent a significant increase in responsibility and contact with children and/or vulnerable adults. For those individuals undertaking social care work, CQC regulations require all pre-employment checks to be completed every time an individual moves post

5. 5.1

6. 6.1

6.2 7. 7.1

8. 8.1

8.2

Frequency of CRB Disclosure checking Normally, an individual is required to undertake a CRB Disclosure as part of a recruitment and selection process to ascertain their suitability for the post. In most instances there are no requirements to undertake periodic CRB Disclosures, commonly known as a CRB Disclosure refresh. To ensure ESCC remains compliant with regulatory requirements those working in the following areas are required to undertake a new CRB Disclosure every 3 years: 8.2.1 Fostering and Adoption teams
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8.3 8.4

8.2.2 Looked after Children Residential teams 8.2.3 Children’s Disability & SEN Services 8.2.4 Youth Offending teams 8.2.5 Contact-Point Users PAT monitor the CRB Disclosures for these groups of employees and contact managers to initiate the process every 3 years. Where an existing worker’s CRB Disclosure reveals a criminal background or any cause for concern (i.e. it is a Positive CRB Disclosure) a Personnel Officer will contact the manager to discuss and advise on the issues. Further guidance on Positive CRB Disclosures can be found below in 'Receipt of CRB Disclosure'.

Commencement of work prior to receipt of CRB Disclosure In all circumstances every effort must be made to ensure a CRB Disclosure is obtained prior to the individual commencing work with ESCC. Only in exceptional circumstances can an individual (ESCC employees only) commence work without the full results of the CRB Disclosure being known and this can only be authorised by an Assistant Director. If an individual commences in advance of receiving their CRB Disclosure the manager is responsible for ensuring appropriate measures are introduced to safeguard the children and/or vulnerable adults concerned. 9.2 In line with ‘Safeguarding Children and Safer Recruitment in Education’ and ESCC guidance every effort must be made to obtain a CRB Disclosure for school based individuals before they commence working with children. An individual can commence work in a school in advance of receiving the CRB Disclosure if there is an urgent need for them to do so and the following has taken place: 9.2.1 the school has submitted all of the pre-employment information to PAT and 9.2.2 the school has submitted a correctly completed CRB Disclosure application form to PAT and this has been sent off to CRB and 9.2.3 PAT have checked and cleared the individual against List 99 (the list maintained by the DCSF of those restricted or barred from working with children) and notified the school of the results and 9.2.4 the school has introduced sufficient safeguards for the individual not to have unsupervised access to children. 9.3 It is advised that schools undertake a risk assessment to determine what appropriate safeguards must be introduced where an individual is commencing before their CRB Disclosure has been received. 10. 10.1 Receipt of CRB Disclosure CRB issue 2 copies of a CRB Disclosure. A copy is sent to the applicant (e.g. employee, volunteer etc) and a copy is sent to ESCC. For employees and school based volunteers PAT record the CRB Disclosure reference number, type of Disclosure (e.g. Standard or Enhanced) and the issue date on SAP. If a positive CRB Disclosure (i.e. a Disclosure that reveals a criminal background or details that may be of concern) is received in PAT a Personnel Officer will contact the manager and advise on the next steps. Assistant Directors and Headteachers (or Chair of Governors in the cases of a CRB Disclosure for a Headteacher) must consider and approve a positive CRB Disclosure for an individual to commence/continue in employment. In these instances a risk assessment is required to determine whether the risk of employing or continuing to employ an individual can be taken and what safeguards would need to be introduced to manage that risk.
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9. 9.1

10.2

10.3

10.4 10.5

10.6

In accordance with the Rehabilitation of Offenders Act a criminal conviction may not automatically prevent an individual from working with ESCC. Amongst others managers must consider the following factors: 10.5.1 the requirements of the role and the level of supervision the individual will receive 10.5.2 the seriousness of the offence/issue raised and its relevance to the safety of employees, service users, clients or property 10.5.3 how relevant the offence is on the role to be undertaken 10.5.4 how much time has elapsed since the offence was committed and whether it was a one-off incident or part of a history of offending 10.5.5 whether the individual’s circumstances have changed since the offence was committed making re-offending less likely 10.5.6 whether the individual was open and transparent about their past and declared their criminal background prior to receiving the CRB Disclosure. Please note – if a decision not to appoint or continue employing an individual is based on additional information (i.e. information provided by a Chief Police Officer on a CRB Disclosure for the purposes of preventing or detecting a crime. This information is not provided on the applicant’s copy of the CRB Disclosure) provided on the CRB Disclosure this cannot be disclosed to the applicant. To reveal such information to the applicant could jeopardise any ongoing or future police investigations. Recruiting from overseas CRB Disclosures do not record convictions that were committed abroad. When recruiting candidates who have spent a period of time living or working abroad, a CRB Disclosure must be obtained in the normal way and a CRB Disclosure or equivalent from the country(s) concerned may be required as well. CRB Disclosures for agency workers/contractors/subcontractors/volunteers Agency workers, contractors, sub-contractors and volunteers must be assessed against the same criteria as those working directly for ESCC to see if a CRB Disclosure is required. Specific guidance relating to CRB checks for agency workers and contractors / sub-contractors can be found on the intranet and CZONE. A standard clause relating to CRB Disclosure requirements has been developed and should be introduced into any contract and this can be found on the intranet by searching for ‘supplementary contract conditions’. It is the responsibility of the relevant department to put appropriate measures in place to validate and ensure contract compliance.

11. 11.1

12. 12.1

12.2

12.3

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Description: Criminal Records Bureau (CRB) policy statement