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					     CRB & HE


           Rob Dawson
Institutional Compliance Officer
      University of Chester
   CRB Background
   Code of Practice
   Bichard Enquiry
   The HE Picture
   HE Practice
   CRB – HE – Placement Providers
   Future Developments
   Completing the Form – a Guide
   Discussion
                       CRB – What is it?

   The CRB was conceived under Part V of the Police Act of 1997
    largely in response to public concern about the safety of children
    and vulnerable adults.


   The CRB is an important government initiative. Its purpose is to
    help all types of organisations in England and Wales make more
    informed recruitment decisions.


   The CRB achieves its purpose by providing a service called
    Disclosure. This is a carefully regulated one-stop shop service
    that enables organisations to gain access to important criminal
    and other information for recruitment and licensing purposes.
                     CRB – Why is it Necessary?
   Increase in incidents?
    –   During recent years there appeared to be an increasing number of
        incidents, occurring in or adjacent to the workplace, in which children
        or vulnerable adults were being abused or harmed by those in
        positions of trust. The inevitable media focus on such incidents
        naturally exacerbated public concern.

   Public and Media Concern:
    –   “… the scope for abuse is appalling if we weren't really careful about
        recruitment standards " Sally Black - Leeds Teaching Hospital
    –   A respected music teacher trusted by parents has been jailed for 13 years
        for abusing young girls in his care who were aged between four and 14.
        BBC.CO.UK,10 March 2006
    –   “'Supervised' paedophile repeatedly rapes nine-year old girl”
        http://www.24dash.com/index.php , 11 March 06
                       CRB – Why is it Necessary?
   Protection of and for:
     –   The vulnerable – protection whilst under care.
     –   Society as a whole – citizenship and the need to feel safe.
     –   Employers and other organisations – safer recruitment decisions.
     –   Individual citizens – use of safeguards ensures individual rights to privacy should not be abused.


   Political Arena
     –   " Dangerous people need to be stopped from working with children and young people. The
         creation of the Criminal Records Bureau is an important step towards achieving that.“ - Jack Straw
         MP, 1999.
     –   "We all have a responsibility to ensure that we build a safe, just and tolerant society. A vital part of
         this is to ensure that we protect children and other vulnerable people. The role of the Criminal
         Records Bureau is to reduce the risk of abuse by ensuring that those who are unsuitable are not
         able to work with children and vulnerable adults."
          - Rt. Hon. David Blunkett MP.
     –   The CRB is an important instrument in achieving the Home Office vision of building a safe, just and
         tolerant society.
               Relevant Legislation
   Rehabilitation of Offenders Act 1974 (ROA)
   Exemptions Order 1975
   The Police Act 1997
   Protection of Children Act 1999 (POCA)
   Criminal Justice and Court Services Act 2000
    (CJCSA)
   Data Protection Act 1998 (DPA)
   Safeguarding Vulnerable Groups Bill 2006
                        Who is Vulnerable?
                                        Vulnerable adults
                                          1. in the context of a Standard
                                             Disclosure, means a person aged
                                             18 or over who has a condition of
                                             the following type:
                                                i.   a learning or physical disability;
                                                ii. a physical or mental illness, chronic
                                                     or otherwise, including an addiction
                                                     to alcohol or drugs; or
                                                iii. a reduction in physical or mental
                                                     capacity.
                                          2. A vulnerable adult for the purposes
                                             of an Enhanced Disclosure is a
                                             person aged 18 or over who
                                             receives services of a type listed in
   Children                                 paragraph 1) below and in
                                             consequence of a condition of a
    –   The CJCSA defines a child as         type listed in paragraph 2) below,
        someone who is under 18 (under       has a disability of a type listed at 3)
        16 if the child is employed).        below.
                     Vulnerable Adults – Enhanced
                 a person aged 18 or over who receives services (1) and in consequence of
                                   a condition (2), has a disability (3).

1.   The services are:
       a. accommodation and nursing or personal care in a care home,
       b. personal care or support to live independently in his or her own home,
       c. any services provided by an independent hospital, independent clinic, independent medical
          agency or National Health Service body,
       d. social care services; or
       e. any services provided in an establishment catering for a person with learning difficulties.
2.   The conditions are:
       a. a learning or physical disability,
       b. a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or
       c. a reduction in physical or mental capacity.
3.   The disabilities are:
       a. a dependency upon others in the performance of, or a requirement for assistance in the
          performance of, basic physical functions,
       b. severe impairment in the ability to communicate with others, or
       c. impairment in a person's ability to protect him or herself from assault, abuse or neglect.



THIS DEFINITION WOULD NOT NORMALLY INCLUDE STUDENTS IN H.E.
                 Higher Levels of Disclosure
                                      2 Types Standard or Enhanced
   Standard Disclosure - £31.00, Free for Volunteers
        These are primarily for posts that involve working with children or vulnerable
         adults. Standard Disclosures may also be issued for people entering certain
         professions, such as members of the legal and accountancy professions.
             Eg Veterinary surgeons, Accountants, Ancillary staff who work in an establishment mainly
              or exclusively for children (eg school caretaker, catering staff, bursar), Traffic wardens
              and Firearms dealers.

   Enhanced Disclosure - £36.00, Free for Volunteers
        These are for posts involving a far greater degree of contact with children or
         vulnerable adults. Eg caring for, supervising, training or being in sole charge of
         such people. Examples include a Teacher, Scout or Guide leader.
        Enhanced Disclosures are also issued for certain statutory purposes such as
         gaming and lottery licences.
        Includes a check on local police records which may contain relevant additional
         information.
        In a very small number of circumstances (typically to protect the integrity of current
         police investigations), additional information may be sent under separate cover to
         the Countersignatory and should not be revealed to the applicant.
               CRB Code of Practice
   Issued under S122 of Police Act 1997
   Governs the fair use & handling of disclosures
   Registered persons should comply with the CoP
   Can be a criminal offence not to comply
   Has statutory authority
   Issued to all registered persons
   Explanatory Guide
   Available on-line from http://www.crb.gov.uk
             Fair Use & Handling
  unfairly discriminate against persons on the
  basis of convictions or other details revealed
 Have a written policy on recruitment of ex-
  offenders
 Ensure applicants are informed that a CRB
  check will be necessary
 Discuss matters revealed on Disclosure with
  the person before withdrawing any offer of
  employment
                 Fair Use & Handling
    Pass Disclosure information to someone not
    authorised to receive it
   Disclosure only available to those who need it in
    the course of their duties
    Retain Disclosure for longer than necessary
   Written security policy covering the correct use of
    Disclosures
   Disclosure only requested in the event of a
    successful application
     Unconditional Offer
                          Bichard Inquiry
   Independent inquiry into the circumstances surrounding
    the deaths of Holly Wells & Jessica Chapman following
    the conviction of Ian Huntley
    –   Child Protection Measures
    –   Record Keeping
    –   Vetting
    –   Information Sharing
   31 Recommendations
   Serious Implications for the CRB and Registered Bodies
   Sir Michael held inquiry open to receive progress reports
    in Dec 04
            Bichard Recommendations
–   PLX system introduced allowing Police Forces to
    cross check intelligence info
     •   Ongoing
–   Register of those who work with the vulnerable
     •   By 2007
–   All posts that involve working with the Vulnerable to
    be subject to Enhanced Disclosure
     •   July 2005
–   Registered bodies to be responsible for checking
    persons identity
     •   Guidance in Feb 2005
–   CRB should be able to check Passport & DVLA
    details
     •   S164 in Serious Organised Crime & Police Act
–   ID documents should include a photograph
     •   CRB Guidance in Feb 2005
             Bichard Recommendations
–   Fingerprints should be used
     •   Consulted but rejected await ID cards
–   RB receive guidance on how to verify applicants
    addresses are complete and accurate
     •   CRB Guidance Feb 2005
–   Broader consent on the CRB form for checking
     •   Amended Application Form to be issued
–   Incomplete or withdrawn applications returned to RB
    not applicant
     •   CRB now do this
–   Improve overseas checking
     •   Fax-back service strengthened
–   CRB have access to a wider number of lists eg UK
    POCA & POVA, Customs, National Crime Squad, National
    Criminal Intelligence Services & British Transport Police
     •   In SOCPA
                   The HE Picture
Initial Teacher Training
Nursing & Midwifery
Medics                     Undergraduate Applicants

Social Workers             Postgraduate Applicants

Youth Workers              Undergraduate Current Students

Counsellors                Postgraduate Current Students

Dieticians                 Staff

Students on Placements
Volunteering etc
                      HE Practice
Current Students
–   Generally for a placement eg Work Based Learning or
    some form of community volunteering eg MV
–   Check is easy to administer
–   Term-time addresses
–   Student is usually available on Campus
–   Is Disclosure really necessary?
–   What happens if Disclosure reveals a conviction you
    did not know about?
–   Assessment of Risk
–   Who Pays?
–   How long do we retain the Disclosure?
                      HE Practice
Applicants - Students
–   Generally for a specific programme
–   Who do we check?
–   When should the check be done?
–   Requirement to see the applicant to check documents
–   What happens if Disclosure reveals a conviction that
    was not disclosed at UCAS etc?
–   Who Pays?
–   How long do we retain the Disclosure?
                   HE Practice
Staff
–   Who do we check?
–   Is the Check really necessary
–   Who do staff come in contact with?
–   Are students vulnerable?
–   Who Pays?
–   How long do we retain the Disclosure?
                        Placements
   Students are required to go on placement as part of
    study: Schools or Clinical
   Students have a check for admission onto the Programme
   Are they covered for the placement?
   Who is the Employer?
   Should we tell providers what the Disclosure reveals?
   What should we tell providers?
   Consent from student?
   How long do we retain the Disclosure?
                                The Future
   CRB
    –   Use of PLX
    –   New Disclosure Application Form
         •   Concurrent addresses
    –   Portability
         •   The CRB does not endorse the use of portability and has
             withdrawn its service.
    –   On-Line Checking
   HEI
    –   2006 Fees
   Safeguarding Vulnerable Groups Bill 2006
    –   My interpretation & not legal guidance
                             Safeguarding Vulnerable
                                 Groups Bill 2006
   Cl.6(2) - Regulated Activity Provider (RAP)
     –   Makes arrangements… for another person to engage in a regulated
         activity
   Cl.21 – Monitoring
     –   Allows for persons undertaking RA to be continually monitored and any
         new relevant information supplied to RAP
   Cl.44(1) - Personnel Supplier (PS) means…
     –   If B is a student following a course at an educational institution, that
         institution
   Cl.13(2) - PS & RAs
     –   RAP may obtain written confirmation from PS that person is not barred
         and is subject to monitoring
   Cl.43 - Vulnerable Adult
     –   A person is a Vulnerable Adult if he is 18 and he is in residential
         accommodation
     –   Residential accommodation is accommodation provided for a person in
         connection with any education or training which he is undertaking.
                          Safeguarding Vulnerable
                              Groups Bill 2006

   Are there serious implications for HEIs
    –   Written confirmation of student’s disclosure to
        placements!
    –   Does residential accommodation include Halls of
        Residence?
    –   Are students in Halls therefore classed as vulnerable
        adults?
    –   Who will we have to check now?
         •   Cleaner
         •   Maintenance
         •   Porter & Security
         •   All staff
   DISCLOSURE


Completing the Application Form:
         An Overview
The Application Form
The Application Form
      Section A




       Mandatory Fields
The Application Form
  Section A - Completed
The Application Form
            Section B

   Mandatory Fields
The Application Form
  Section B - Completed
The Application Form
      Section C


       Mandatory if applicable




                     Mandatory Fields
The Application Form
  Section C - Completed
The Application Form
          Section D




     Mandatory if applicable
The Application Form
  Section D - Completed


                    Applicants should provide their
                   most RECENT previous address in
                    section D, a continuation sheet
                      should be used if necessary.




      A FULL 5 YEAR ADDRESS HISTORY
       MUST BE GIVEN WITH NO GAPS
The Application Form
Using a Continuation Sheet
The Application Form
Using a Continuation Sheet

                       Ref No can be found on the
                               front sheet




                         Current address only
                       The Application Form
                          Using a Continuation Sheet




                                               A FULL 5 YEAR
                                              ADDRESS HISTORY
                                               MUST BE GIVEN
                                               WITH NO GAPS

                                               NOTE VACATION
                                                 ADDRESSES
Repeat addresses if necessary
The Application Form
      Section E
The Application Form
     Section F & G
The Application Form
      Section H




          Mandatory if applicable



                Mandatory Fields
The Application Form
  Section H - Completed




                  Applicants do not have
                  to sign the Consent of
                  Application. But failure
                  to do so will necessitate
                  the presentation of
                  more documents to
                  prove identity.
                               The Application Form
                                               Do’s and Don’ts
                                                   Don’ts
                                                     Do not complete Sections E and F.
Do’s
                                                     Do not complete Sections X, Y and Z.
      Use black ink throughout and write
       clearly in BLOCK CAPITALS only.               Do not return the form direct to the
      Use only one letter or number for              CRB.
       each box.                                     Do not write over the edges of the box.
      To correct a mistake on the form put          Do not place any stamps or stickers on
       a line through it and write the
       correction clearly to the right. If there
                                                      the form, i.e. featuring addresses or
       is no space on the right, write the            dates.
       correction as close as possible.              Do not strike out a section of the form
      Leave an empty box between words               or state a field is not applicable. If it is
       but not between postcodes or                   not relevant to the application then
       telephone numbers.                             please leave it blank.
      Mark choices in the boxes indicated
                                                     Do not staple any attachments to the
       with a cross , not a tick.
                                                      form.
      Be sure to sign the declaration at
       Section H, item 68, keeping all of            Do not use correction fluid.
       your signature inside the box.
The Application Form
Countersignatories & Checkers

             Mandatory dependant upon
               documents presented




       Mandatory Field – Name of person who checked
                        documents
The Application Form
What Evidence is Acceptable?

                  Have you signed your consent at section H


                       YES                            NO




                Can you produce               Can you produce
                any document from             any document from
                Group 1                       Group 1



 XXXXXX
                YES             NO             NO             YES




            You need 3      You need 5     You need 7      You need 5
            documents       documents      documents       documents

            One             Five           Seven           One
            document        documents      documents       document
            from Group 1    from Group 2   from Group 2    from Group 1
            and two from                                   and four from
            Groups 1 or 2                                  Groups 1 or 2
                                     The Application Form
                                     What Evidence is Acceptable?

Group 1                                                      Group 2 - Cont
                                                             • Credit or Store Card statement*
• Valid passport (any nationality)
                                                             • Mortgage or Financial statement (e.g. pension,
• UK Driving Licence (either photocard or                      endowment, ISA)**
  paper)                                                     • Valid insurance certificate
                                                             • Certificate of British nationality
• Original UK Birth Certificate (issued
                                                             • British work permit/visa**
  within 12 months of the date of birth)
                                                             • Correspondence or a document from: the Benefits
• Valid photo identity card (EU countries                      Agency, the Employment Service, the Inland Revenue, or
  only)                                                        a Local Authority*
                                                             • Valid vehicle registration document
• UK Firearms licence.
                                                             • Mail order catalogue statement*
                                                             • Court summons**

                                                             • Valid NHS Card or National Insurance number card
Group 2
                                                             • Addressed payslip*
•   Marriage certificate
                                                             • Exam certificate (e.g. GCSE, NVQ)
•   Non-original UK birth certificate (issued after 12
                                                             • Child benefit book**
    months of date of birth)
•   P45/P60 statement**                                      • Connexions card

•   Bank or building society statement*                      * documentation should be less than three months old
•   Utility Bill (electricity, gas, water, telephone - inc   ** issued within past 12 months
    mobile phone contract/bill)*
•   Valid TV licence
The Application Form
Countersignatories & Checkers




                      Check DOB
                      on front of
                       form also
                          The Application Form
                                       Common Errors
               Applicants                                  Checkers
   Incomplete details in sections A to C.      Insufficient evidence of identity.
    – Middle name, Position applied for,
    Place of birth etc.
                                                Date of Birth does not match front
   Incomplete 5 year address history in
                                                 of form.
    section D, particularly vacation            Driving Licence number incomplete
    months June to Sept.                         – Middle Initial and Last two digits
   Continuation sheet not completed             (NNNNNYMMDDYIICCCCC)
    correctly and incomplete 5 year
    history.                                    Name of checker missing on Box 16
   Box 67 not crossed in additional            Countersignatory number does not
    information included.                        correspond to Countersignature or
   Forms not signed at box 68.                  Registered Body.
   Completed in blue ink.
                                                Missing information on Category
                                                 Code and Level of Record Check.
The Application Form
Countersignatories & Checkers
         The Application Form
         Countersignatories & Checkers




Only Countersignatories should complete this section
                     Misc


   www.crb.gov.uk


   CRB-HE@JISCMAIL.AC.UK
 DISCUSSION
 –   Who should decide that an applicant is suitable?
 –   Who needs to know about convictions?
      •   Are some convictions worse than others?
      •   If so which?

 ANY       QUESTIONS

 THANK           YOU

				
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