Secure storage, handling, use, retention and disposal of Criminal Records Bureau disclosures and disclosure information
Policy statement
Education and Training Policy Last updated: 28 November 2007
General principles
The Solicitors Regulation Authority (SRA) is an organisation using the Criminal Records Bureau (CRB) disclosure service to help assess the suitability of individuals who apply to be admitted as a solicitor in England and Wales and of applicants for membership of designated professional accreditation schemes. We comply fully with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of disclosures and disclosure information. We also comply fully with our obligations under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of personal information and have written policies and procedures on these matters.
Storage and access
Disclosure information is not kept on an individual’s personal file and is always kept separately and securely, in a secure, non-portable storage container with access strictly controlled and limited to those who are entitled to see it as part of their duties.
Handling
In accordance with section 124 of the Police Act 1997, disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom disclosure or disclosure information has been revealed, and we recognize that it is a criminal offence to pass this information to anyone who is not entitled to receive it.
Usage
Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given. However, if during the consideration of a disclosure or disclosure information a previously
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unknown matter under the Solicitors Act 1974 or a breach of the Solicitors’ Code of Conduct 2007 is found or suspected, the matter may be reported for further investigation by our Regulation Response Directorate.
Retention
When a final decision, including any appeal hearings, has been made regarding the admission of an individual or an application for membership of a designated accreditation scheme, we will destroy the disclosure or disclosure information. Applications, including appeals, will normally be completed within six months of the date of receipt of the disclosure. If, in exceptional circumstances, it is considered necessary to keep the disclosure information for longer than six months, we will give full consideration to the Data Protection and Human rights of the individual subjects and consult with the CRB about the particular case before deciding to do so. Throughout the period of retention of a disclosure or disclosure information, the conditions regarding safe and secure storage and controlled access will prevail.
Disposal
The SRA will ensure that disclosures and disclosure information is destroyed by shredding as soon as possible after the matter for which it was obtained has been completed. While awaiting destruction, disclosure information will be stored in the designated secure storage cabinet. The SRA will not retain any photocopy or other image of the disclosure or any copy or representation of its contents. A record will be kept of the date of issue of the disclosure, the name of the subject, the type of disclosure requested, the purpose for which the disclosure was requested, the CRB unique reference of the disclosure and the details of the decision taken as regards the application for which it was obtained.
Scope of disclosures
The SRA will obtain standard disclosures for all individuals seeking admission as a solicitor in England and Wales and enhanced disclosures for solicitors and their employees who apply for membership of a designated accreditation scheme.
Designated accreditation schemes
The designated accreditation schemes are • • the Children Panel Accreditation Scheme, and the Mental Health Review Tribunal Accreditation Scheme.
If it is decided to extend the use of CRB disclosures to other SRA functions, we will ensure that the CRB Code of Practice is complied with and that adequate notice is given.
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