Criminal Records Bureau (CRB) checks
The Criminal Records Bureau (CRB) acts as a ‘one-stop-shop’ for organisations, checking police records and, in relevant cases, information held by the Department of Health and the Department for Education and Skills. This service enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially work involving children or vulnerable adults.
As a registered umbrella body, we are able to request CRB disclosures on behalf of our clients, allowing safer recruitment decisions to be made. We are entitled, where appropriate, to ask exempted questions under the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 Exceptions Order 1975. This means that we are able to, on behalf of our clients, identify ‘rehabilitated persons’ – those who have been convicted of a criminal offence, but who were not imprisoned for longer than 2.5 years, and did not re-offend during the rehabilitation period. ‘Rehabilitated persons’ do not have to disclose that they ever had a conviction to employers, as their conviction becomes ‘spent’.
However, CRB disclosures reveal those individuals with both spent and unspent convictions – information employers would not have access to without the CRB disclosure service.
There are two levels of CRB check currently available; Standard and Enhanced Disclosures. These two CRB checks are available in cases where an employer is entitled to ask exempted questions under the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974. This includes any organisation whose staff or volunteers work with children or vulnerable adults.
Standard Disclosure
This is primarily available to anyone involved in working with children or vulnerable adults, as well as 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 or vulnerable adults. It is also available in certain licensing purposes and judicial appointments. 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 CRB recognises that the Standard and Enhanced Disclosure information can be extremely sensitive and personal, therefore it has published a Code of Practice and employers’ guidance for recipients of Disclosures to ensure they are handled fairly and used properly.
In instances where convictions of a criminal offence are disclosed for a potential candidate, we will advise clients on the best course of action, and direct them towards additional sources of information which may aid them in their decision making.
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