Criminal Records Bureau _CRB_ Checking Policy _ Procedure by sdsdfqw21

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									Criminal Records
Bureau (CRB)
Checking Policy &
Procedure
Exec Director lead                       Jenny Cavalot, Executive Director Human Resources
Author/ lead                             Sarah Roberts-Morris (Recruitment & Retention Manager)
Feedback on implementation to            Sarah Roberts-Morris (Recruitment & Retention Manager)

Date of draft                            10th December 2008
Consultation period                       November – December 2008
Date of ratification                     11 December 2008
Ratified by                              Executive Director Group
Date for review                          December 2011

Target audience                           All managers and employees of SHSC Trust




This policy is stored and available through the SCSH intranet (accessed via HR intranet
pages)




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                                                Contents:

Section                                                                                              Page
              Flowchart                                                                                3
     1        Introduction                                                                            4
     2        Definitions                                                                             4
     3        Purpose of this policy                                                                  5
     4        Duties                                                                                  5
     5        Scope of this policy                                                                    6
     6        Specific details
              6.1 Process for applicants                                                               6
              6.2 Process for existing employees                                                      6, 7
              6.3 Process for agency workers                                                           7
              6.4 Completing disclosure application forms                                              7
              6.5 Reviewing disclosure information                                                    7, 8
              6.6 Secure storage, handling, use, retention & disposal of                              8, 9
              disclosures and disclosure information
     7        Dissemination, storage and archiving                                                     9
     8        Training and other resource implications for this policy                                 9
     9        Audit, monitoring and review                                                             9
    10        Implementation plan                                                                      9
    11        Links to other policies, standards and legislation                                      10
    12        Contact details                                                                         10
    13        References                                                                              10
              Appendix 1 – Supervision pro-forma                                                      11
              Appendix 2 – Completing a disclosure – Applicants                                       12
              Appendix 3 – Completing a disclosure – Existing Employees                               13
              Appendix 4 – CRB review form - Applicants                                              14, 15
              Appendix 5 – CRB review form – Existing Employees                                      16, 17
              Appendix 6 – Equality impact assessment form                                            18
              Appendix 7 – Human rights act assessment checklist                                      19




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                                                                                                                 Flowchart

                                                            Does the post require a CRB check?




                                                     yes                                                    No

                              HR/Manager Identify if post requires standard or                            No check required
                                           enhanced check




                              Individual completes CRB form and provides ID




                              Manager checks form and verifies ID. Manager
                                   returns form to Human Resources




                              Human Resources check form and counter sign.
                               Details are logged on ESR and form is sent to
                                                   CRB




                                Disclosure is received from CRB and details
                                              logged onto ESR




                               Are there any convictions on the disclosure?



                        yes                                                      No

For Applicants: HR and Manager to complete the             For Applicants: Unconditional offer of employment
CRB data review form and agree if offer of                     can be made when other satisfactory pre-
employment should be made/withdrawn. See                           employment checks are received
appendix 4



For Employees: HR and Manager to complete the                  For Employees: No further action to take
CRB data review form and agree next steps. See
                  appendix 5




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       CRB Policy & Procedure
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1. Introduction

1.1     The Criminal Records Bureau (CRB) was established by the Home Office to improve
        access to criminal record checks for employment-related purposes. This applies to staff
        with access to children under 18 years of age, vulnerable adults or who are in other
        positions of trust.

1.2     The Trust is committed to the fair treatment of its staff, potential staff and users of its
        services, regardless of offending background. CRB Disclosure checks are conducted
        for both new appointments to the Trust and existing staff. This procedure provides
        guidance for both.

2. Definitions

2.1     Rehabilitation of Offenders Act 1974

        The Trust meets the requirements under section (2) of the Rehabilitation of Offenders
        Act 1974 to ask exempted questions. Individuals who are offered employment with or
        who during their existing employment have access to children under 18 years of age,
        vulnerable adults or are in other positions of trust will be required to obtain a criminal
        records check from the CRB.

2.2     Types of CRB Disclosures

        There are two types of CRB Disclosure:

        •   Standard Disclosure

        This is primarily for anyone involved in working with children or vulnerable adults, as
        well as for certain other occupations and entry into professions as specified in the
        Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974. Standard
        Disclosures show current and spent convictions, cautions, reprimands and warnings
        held on the Police National Computer. If the post involves working with children or
        vulnerable adults, the following may also be searched:
        •   Protection of Children Act (POCA) List

        •   Protection of Vulnerable Adults (POVA) List

        •   Information that is held under Section 142 of the Education Act 2002 (formerly
            known as List 99)

        •   Enhanced Disclosure

        This is the highest level of check available to anyone involved in regularly caring for,
        training, supervising or being in sole charge of children under the age of 18 or
        vulnerable adults. Enhanced Disclosures contain the same information as the
        Standard Disclosure but with the addition of any relevant and proportionate information
        held by the local police forces.

        The Trust recognises that the Standard and Enhanced Disclosure information can be
        extremely sensitive and personal, therefore it will ensure that all such information is
        handled sensitively, fairly and that it is used properly.

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2.3     Existing Employees

        For the purposes of this policy existing employees will include anyone who holds a
        contract of employment with Sheffield Health and Social Care Trust. This includes
        employees with permanent, temporary, fixed term, flex and bank contracts. The policy
        also applies to honorary contract holders, volunteers working for the Trust, Non-
        Executive Directors and Associate Managers.

2.4     Applicants

        For the purposes of this policy applicants will include anyone who is offered a post with
        Sheffield Health and Social Care Trust, subject to re-employment checks. This includes
        applicants for permanent, temporary, fixed term, flex and bank positions. It also
        includes individuals applying for honorary contract and to become volunteers.

2.5     Agency workers

        For the purpose of this policy agency workers will include anyone who works into the
        Trust but is employed by an approved agency.

3. Purpose of this Policy

3.1     The Criminal records checks (CRB checks) will be undertaken for all clinical posts and
        for support staff who regularly come into contact with children and/or vulnerable adults
        as part of their role. Checks may also be undertaken for staff who deal with personal,
        confidential information about children or vulnerable adults in their job.

3.2     The purpose of this policy is to provide guidance on the process for undertaking CRB
        checks for employees and potential employees of the Trust. It also provides guidance
        on dealing with any convictions that may arise from a CRB check.

4. Duties


4.1     Managers are responsible for ensuring CRB forms are completed correctly and for
        confirming the identity of the individuals.

4.2     The applicant/employee is responsible for completing the form within the set
        timescales and providing the identification required.

4.3     Employees are responsible for informing their line manager immediately if they are
        subject to criminal proceedings as detailed in their contract of employment.

4.4     The Human Resources Department is responsible for countersigning the forms and
        processing checks with the CRB. The Human Resources Department is responsible for
        updating ESR with CRB disclosure information.

4.5     The Human Resources Department is responsible for providing advice on the next
        steps if a disclosure reveals criminal convictions.




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5. Scope of this Policy

5.1     This policy applies to all staff working within the organisation, who are required to have
        a CRB check in order to carry out their job. It applies to all managers who manage staff
        as defined above, and to staff within Human Resources who are responsible for
        processing the checks, providing advice and updating systems.

6. Specific details

6.1 Process for Applicants

6.1.1 The requirement to have a criminal records check and the level of check required is
      assessed on a job by job basis and requirements will be clearly stated on job adverts.

6.1.2 If it has been determined that the post requires a CRB check, applicants will be
      required to undertake a CRB check before an offer of appointment is made. Applicants
      will be required to complete CRB disclosure forms at the interview stage. The offer of
      appointment will be conditional until the CRB disclosure is received and confirmed as
      acceptable. When a satisfactory CRB disclosure and other pre-employment checks
      have been received, an offer of employment will be made and the person can start in
      post.

6.1.3 If the post the applicant is being appointed to has effective supervision arrangements in
      place managers can proceed “at risk” and arrange a start date with the new member of
      staff pending receipt of a CRB Disclosure. Supervision means that the employee must
      not be working on their own with children and/or vulnerable adults at any stage until the
      CRB disclosure has been received. Managers should speak to their HR representative
      if it is unclear whether supervision arrangements are suitable.

        A start date can only be arranged in these circumstances if the applicant has fully
        completed a ‘Disclosure Application Form’ which has been returned to the relevant
        manager who has also had sight of original identity documents. In these
        circumstances a ‘Supervision Pro Forma’ must also have been completed by the
        relevant manager and submitted to the Recruitment Team prior to the start date. See
        appendix 1 for the ‘Supervision Pro Forma.

6.1.4 Failure to reveal information that is directly relevant to the position sought could lead to
      the withdrawal of an offer of employment, or action under the Trust’s Disciplinary
      Procedure.

6.1.5 Having a criminal record will not necessarily bar individuals from working within the
      Trust, the nature of the position and the circumstances and background of the offence
      would be considered.

6.2 Process for Existing Employees

6.2.1 Once an individual is working with the Trust in a position that requires a CRB check,
      the Trust retains the right to request that a further disclosure is sought at any time or at
      least on a 3 yearly basis.

6.2.2 In between this time it is an employee’s responsibility to disclose to their manager
      information that will appear on their next check. Employees must immediately notify
      their line manager if they are cautioned, charged or convicted of a criminal offence
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        which may affect their employment with the Trust. Guidance upon what constitutes
        criminal proceedings is available from the Human Resources Department. Failure to
        reveal information that is directly relevant to their position could lead to action under
        the Trust’s disciplinary procedures.

6.2.3 Where an existing employee changes roles within the Trust, the recruitment team and
      recruiting manager will assess if the current level of CRB check is appropriate for the
      new post. If the employee’s current role does not require a CRB check and the new
      post does require a CRB check, then a check will be undertaken in line with the
      process above for applicants. If the employee’s current post requires a standard check
      and the new post requires an enhanced check then the check will be undertaken in line
      with the above process for applicants.

6.3     Process for Agency workers

6.3.1 The Trust will only use Agencies to supply temporary staff who are able to comply with
      the Trust’s requirement to ensure satisfactory CRB checks are obtained before Agency
      workers commence working within the Trust. The providing Agency will be responsible
      for undertaking CRB checks and must notify the Trust immediately if they become
      aware of any criminal proceedings.

6.3.2 If the Trust discovers an Agency worker has a criminal record that was not previously
      disclosed or the individual is currently being investigated for a criminal offence, the
      engagement with the worker should be terminated immediately, and the Agency should
      be notified. The worker should not be allowed to work for the Trust again until the
      Trust has been satisfied that the offence does not have an impact on their work.


6.4     Completing Disclosure Application Forms

6.4.1 Whenever an individual is required to undertake a criminal records check they will
      receive a disclosure application form along with the guidance booklet ‘An Applicant’s
      Guide to Completing the CRB Application Form’. The booklet will provide information
      to support the individual and allow them to complete the relevant sections of the form.
      Further advice on completing the forms can be sought from the Recruitment Team.

6.4.2 The process for managers to follow when completing the forms for their staff is detailed
      in appendix 2 for applicants and appendix 3 for existing employees.


6.5     Reviewing Disclosure Information

6.5.1 Where a Disclosure received by the Trust reveals previously undisclosed convictions, a
      CRB Review Form will be completed either by the HR representative and/or the
      relevant manager. Completion of the form will allow the parties to decide what, if any,
      action needs to be taken.

        When considering what action needs to be taken, the following factors should be taken
        into consideration:

        •   Whether the conviction revealed is relevant to the position in question
        •   The nature of the offence
        •   The length of time since the offence
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        •   Whether the applicant/employee has a pattern of offending behaviour
        •   Whether the employee’s circumstances have changed since the offending
            behaviour
        •   The circumstances surrounding the offence and the explanations offered by the
            employee
        •   The reasons given by the employee for failing to disclose their convictions

6.5.2 The suitability for employment of a person with a criminal record will vary, depending
      on the nature of the position. An assessment of an applicant’s skills, experience and
      nature of the conviction should be weighed up against the level of risk to cause harm or
      damage in that position.

6.5.3 In instances where no further action is taken, the matter must still be discussed with the
      individual concerned and their attention brought to the requirement of them to notify the
      Trust of incidents that will show on their next Disclosure.

6.5.4 Where it is agreed that action needs to be taken and an offer of employment withdrawn
      or disciplinary action taken, then Trust policies should be followed. Further details are
      available in the Trust’s Disciplinary Policy on the Intranet, or please speak to a member
      of the HR Team for further advice.

6.5.5 The CRB Review forms to be used for both applicants and existing employees are
      available under appendix 4 and 5.


6.6     Secure Storage, Handling, Use, Retention & Disposal of Disclosures and
        Disclosure information

6.6.1 As an organisation using the CRB Disclosure service, the Trust complies fully with the
      CRB Code of Practice regarding the correct handling, use, storage, retention and
      disposal of Disclosures and Disclosure information. It also complies fully with its
      obligation under the Data Protection Act (1998) and other relevant legislation in the
      handling of such information.

6.6.2 Storage and access
      Disclosure information will be kept securely, in lockable, non-portable, storage
      containers with access strictly controlled and limited to those who are entitled to see it
      as part of their duties.

6.6.3 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 Disclosures or Disclosure information has been
      revealed and it is a criminal offence to pass this information to anyone who is not
      entitled to receive it.

6.6.4 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.

6.6.5 Retention
      We do not keep Disclosure information for any longer than is necessary. This is
      generally for a period of up to six months, to allow for the consideration and resolution
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        of any disputes or complaints. If, in very exceptional circumstances, it is considered
        necessary to keep Disclosure information for longer than six months, we will consult
        the CRB about this and will give full consideration to the data protection and human
        rights of the individual before doing so. Throughout this time, the usual conditions
        regarding the safe storage and strictly controlled access will prevail.

        If a CRB Data Review form is completed this will remain on the individual’s personal
        file indefinitely. This is to ensure that when the CRB check is undertaken again (at
        least on a 3 yearly basis) there is a record of any action taken previously.

6.6.6 Disposal
      Once the retention period has elapsed, we will ensure that any Disclosure information
      is immediately destroyed by secure means, i.e. by shredding, pulping or burning. While
      awaiting destruction, Disclosure information will not be kept in any insecure receptacle
      (e.g. waste bin or confidential waste sack). We will not keep any photocopy or other
      image of the Disclosure. However, the details maintained on the ESR system, including
      type of Disclosure requested, the position for which the Disclosure was requested, the
      unique reference number of the Disclosure obtained will be retained on the system.


7. Dissemination, storage and archiving

7.1     This policy will be posted on the Sheffield Health and Social Care NHS Foundation
        Trusts website and available to all staff. It will be accessed via the Human Resources
        web pages and available on the policies and procedures page.

7.2     An e-mail will be sent to managers within the Trust informing them of the new policy.


8. Training and other resource implications

8.1     The Recruitment & Selection training for recruiting managers in the Trust will make
        reference to this policy. The training will go through the process for obtaining CRB
        checks and give managers the opportunity to discuss any issues and seek further
        clarification.


9. Audit, monitoring and review

9.1     The implementation of this policy is currently audited as part of the annual HR audit
        process. It will be reviewed as a result of changes to legislation and audit
        recommendations.

9.2    Human resources policies are subject to joint monitoring and review between
       management and staff side in the Joint Consultative Forum.

9.3     Data on the CRB process is logged on ESR and monitored by the recruitment team.


10. Implementation plan

10.1    The processes in this policy have already been implemented.

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11. Links to other policies

11.1    Employment checks policy

11.2    Disciplinary policy



12. Contact details

12.1    The Recruitment Team should be contacted for advice regarding processing CRB
        checks for applicants and employees. Contact the Recruitment Officers via the HR
        Department on 0114 226 3277.

12.2    Members of the Human Resources Advice Team should be contacted for advice and
        support for other issues relating to criminal convictions. Contact an HR Advisor via the
        HR Department on 0114 226 3277.



13. References

NHS Employers
www.nhsemployers.org/employmentchecks

CRB
www.crb.gov.uk




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                                                  Appendix 1


Supervision Pro-forma
To be completed by the Recruiting Manager and returned to the Recruitment Team.

If you have put systems in place whereby prior to the completion of the CRB checking process the
successful candidate for this post can be supervised AT ALL TIMES, they will be allowed to start in
employment with the Trust. You must sign and return this form to the Recruitment Team, confirming
that until a satisfactory CRB Disclosure is received you will not allow the appointed applicant to work
without supervision.


Position:


CRB Reference Number:


Employee:


Line Manager:



I confirm that the person appointed to the above post is able to commence in post
and will be supervised at all times until a satisfactory CRB Disclosure is received. I
understand that in order to commence in employment a completed Disclosure
Application Form must be submitted to the Recruitment Team.



Signed Hiring Manager:


Date:


Signed Line Manager:


Date:


Signed Recruitment Team


Date:




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                                                  Appendix 2



Completing a Disclosure Application form - Applicants
1.    When interviewing for positions requiring CRB checks candidates called for interview are
      required to bring with them a completed ‘Disclosure Application Form’.

2.    The chair of the interview panel will check the completeness of the form and complete section X
      of the form confirming they have seen original evidence of the identity of the applicant.

3.    Once a decision on appointment has been made, the information on all the candidates is sent to
      the Recruitment Team. The CRB application forms for unsuccessful candidates are immediately
      confidentially destroyed.

4.    For successful candidates a member of the Recruitment Team completes section Y of the form
      confirming the type of Disclosure required and countersigning the application. The form details
      and type of Disclosure requested are logged on the ESR system and the form posted to the
      CRB via royal mail recorded delivery.

5.    On receipt of the returned CRB Disclosure a member of the Recruitment Team updates the ESR
      system.

            a.     In instances where there is nothing declared the relevant part of the Disclosure is
                   retained in a secure area in the HR department and destroyed after 6 months. The
                   remainder of the form is confidentially destroyed immediately. The hiring manager is
                   notified and subject to other pre recruitment checks being completed, employment
                   can commence.

            b.     In instances where there is a declaration to be reviewed, a member of the HR Team
                   is notified the same day and reviews the Disclosure details with the Hiring Manager
                   using the CRB Data Review Form (appendix 4).

6.    Once the Disclosure information has been reviewed a decision will be agreed and if necessary
      the offer of employment withdrawn. Details will be provided to the applicant by the HR
      Representative. All documentation will then be kept securely for a period of 6 months after
      which time they will be destroyed.

7.    In instances where the applicant has already started work with the Trust disciplinary action may
      be considered instead of withdrawing the offer of employment




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                                                  Appendix 3


Completing a Disclosure Application form – Existing Employees
1.    When the renewal time is reached for conducting a criminal record check, employees will be
      sent a ‘Disclosure Application Form’ to complete.

2.    This form must be completed in the timescale stated and presented to the employees’ line
      manager. Failure to comply to a request to complete the form and undertake a criminal record
      check will result in action under the Trusts Disciplinary Procedures.

3.    The line manager will check the completeness of the form and complete section X of the form
      confirming they have seen original evidence of the identity of the individual.

4.    The form will then be handed to a member of the Recruitment Team who completes section Y of
      the form confirming the type of Disclosure required and countersigning the application. The form
      details and type of Disclosure requested are logged on the ESR system and the form posted to
      the CRB via royal mail recorded delivery.

5.    On receipt of the returned CRB Disclosure a member of the Recruitment Team updates the ESR
      system.

            a.     In instances where there is nothing declared the relevant part of the Disclosure is
                   retained in a secure area in the HR department and destroyed after 6 months. The
                   remainder of the form is confidentially destroyed immediately. The line manager is
                   then notified.

            b.     In instances where there is a declaration to be reviewed, a member of the HR Team
                   is notified the same day and will review the Disclosure details with the line manager
                   using the CRB Data Review Form for existing employees (appendix 5).

6.    Once the Disclosure information has been reviewed a decision will be reached on the next steps
      and is likely to include one of the following outcomes;

            a.     Take no further action. The line manager will speak to the employee to inform them
                   of the Disclosure and the review that took place and remind them of their
                   requirement to notify the Trust in a timely manner of any incidents that will appear on
                   their next Disclosure. Consistent failure to notify the Trust may result in Disciplinary
                   action under the Disciplinary Procedures

            b.     In instances where the CRB review form has indicated that further investigation and
                   possible action may be required under the Disciplinary Procedures, the line manager
                   will notify the employee as soon as possible.

            c.     In instances where the Disclosure is of a very serious nature the employee may be
                   suspended from work or moved to another work location while investigations are
                   completed under the Disciplinary Procedures.




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                                                                                                    Appendix 4
CRB Data Review Form
(Applicants)

CRB Ref Number                                           Date Received
                                                         by SHSC

Section 1 (to be completed by Recruitment Team)

Employee’s Name

Employee’s Job
Role
Employee
Department &
Location
Manager Name

Nature of disclosure(s) to be considered:




Section 2 (to be completed by HR representative or Recruiting manager)

1. Did the applicant bring this matter to the attention of the Trust during the selection process?

Yes                                                   No

2. What implication does it have for the applicant’s suitability to undertake the role? (you must
be specific, commenting on specific tasks required of the role and the impact the conviction
would have on it)




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3. Has the applicant already started working with the Trust under supervision?
Yes                                              No

4. Do you feel the nature of the Disclosure warrants the withdrawal of the offer of employment?

Yes                                                   No

5. Do you feel the nature of the Disclosure warrants further action under the Trust’s Disciplinary
Procedures?
Yes                                              No

6. Please detail any actions agreed:




Please complete and return this form to Human Resources as soon as possible.

Signed:                                                                 Dated:
Recruiting manager

Signed:                                                                 Dated:
HR representative




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                                                                                                    Appendix 5




CRB Data Review Form                                             Fast Track Process
(Existing Employees)
                                                                 Normal Process

CRB Ref Number                                           Date Received
                                                         by SHSC

Section 1 (to be completed by Human Resources)
Employee’s Name

Employee’s Job
Role
Employee
Department &
Location
Manager Name

Nature of disclosure(s) to be considered:




Is the conviction immediately relevant to the employee’s job role?
Yes                                               No
Fast track to Line manager as soon as             Contact line manager as soon as
possible and within 24 hours for                  reasonably possible
appropriate action.

Section 2 (to be completed Line Manager)

1. Has the employee previously brought this matter to the attention of the Trust?
Yes                                              No
Go to 1.1                                        Go to 2
1.1 Please provide details of the actions agreed at that time:




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1.2 Are the actions taken still appropriate?
Yes                                                     No
Form to be signed by Manager and HR                     Go to 2
representative and put on file

2. What implication does it have on the employee’s suitability to continue in their role? (you
must be specific, commenting on specific tasks required of the employee and the impact the
conviction has on their role)




(It may help to think in percentage terms, for example:
CRB notification identifies a driving offence. The employee is not required to drive as part of their role and
the offence will not stop them from performing in their role = 0% impact.)
3. Has the relationship of trust between employer and employee broken down?
Yes                                             No


4. Do you feel the matter needs to be addressed under the disciplinary procedure? Please
provide details of action to be taken:




Please complete and return this form to Human Resources as soon as possible.

Signed:                                                                   Dated:
Employee’s Line manager

Signed:                                                                   Dated:
HR representative



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Appendix 6 Equality Impact Assessment Form


To be completed and attached to any procedural document when submitted to the appropriate
committee for consideration and approval.
                                                          Yes/No               Comments
 1.    Does the policy/guidance affect one
       group less or more favourably than
       another on the basis of:
       • Race                                                No
       • Ethnic origins (including gypsies and               No
          travellers)
       • Nationality                                         No
       • Gender                                              No
       • Culture                                             No
       • Religion or belief                                  No
       • Sexual orientation including lesbian,               No
          gay and bisexual people
       • Age                                                 No
       • Disability     -    learning disabilities,          No
          physical          disability,  sensory
          impairment        and mental health
          problems
 2.    Is there any evidence that some                       No
       groups are affected differently?
 3.    If you have identified potential
       discrimination, are any exceptions
       valid, legal and/or justifiable?
 4.    Is the impact of the policy/guidance                  No
       likely to be negative?
 5.    If so can the impact be avoided?
 6.    What alternatives are there to
       achieving the policy/guidance
       without the impact?
 7.    Can we reduce the impact by taking
       different action?

If you have identified a potential discriminatory impact of this procedural document, please
refer it to Liz Johnson (Head of Patient Experience Inclusion) together with any suggestions
as to the action required to avoid/reduce this impact. For advice in respect of answering the
above questions, please contact Liz Johnson (Head of Patient Experience Inclusion and
Diversity)


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Appendix 7 Human Rights Act assessment checklist


 1

 1.1 What is the policy/decision title?
Insert here
 1.2 What is the objective of the policy/decision?
 1.3 Who will be affected by the policy/decision?



 2.1                                                     Flowchart exit

 Will the policy/decision engage                         There is no need to continue with this
 anyone’s Convention rights?                  NO         checklist. However …
                                                         o Be alert to any possibility that your
                                                             policy may discriminate against
                           YES                               anyone in the exercise of a
 2.2                                                         Convention right
                                                         o Legal advice may still be necessary
 Will the policy/decision result in the                      – if in any doubt, contact your
 restriction of a right?                      NO
                                                             lawyer
                                                         o Things may change, and you may
                                                             need to reassess the situation
                           YES
 3.1

 Is the right an absolute right?              YES




                           NO
 3.2                                                     4 The right is a qualified right

 Is the right a limited right?                           1)   Is there a legal basis for the
                                              NO              restriction? AND
                                                         2)   Does the restriction have a
                                                              legitimate aim? AND
                           YES                           3)   Is the restriction necessary in a
 3.3
                                                              democratic society? AND
 Will the right be limited only to the                   4)   Are you sure you are not using a
 extent set out in the relevant Article                       sledgehammer to crack a nut?
 of the Convention?
                                              YES
                           YES                                                    NO


 Policy/decision is likely to be human                   Policy/decision is not likely to be
 rights compliant                                        human rights compliant


                           BUT


              Get legal advice

              Regardless of the answers to these questions, once human
              rights are being interfered with in a restrictive manner you
              should obtain legal advice. And you should always seek
              legal advice if your policy is likely to discriminate against
              anyone in the exercise of a convention right




____________________________________________________________________________________________________________
CRB Policy & Procedure
November 2008                                                                                              - 19 -

								
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