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It may be a requirement for your staff to be CRB checked due to the type of customer they will be working for/with. Please find guidance information below. Should CRB checks be a requirement it will be specified in the tender documents.
Why certain employees need a CRB check
Recent legislation, Part V of the Police Act 1997, has been introduced in order to protect certain vulnerable groups within society. This Act encompasses the Rehabilitations Act 1974, making certain posts ‘exempt' from declining to furnish employers with their past criminal history. These posts include those involving access to children, young people, the elderly, disabled people, alcohol or drug misusers and the chronically sick. Many health service appointments and jobs involving the administration of justice, banking, and other financial services and national security are also exempted. In such cases, organisations are legally entitled to ask applicants for details of all convictions, irrespective of whether they are ‘spent' or ‘unspent' under the Rehabilitation of Offenders Act. The legislation now authorises registered companies to obtain details of a criminal history from the Criminal Records Bureau, an executive agency of the Home Office. These details are contained in what is termed a ‘Disclosure'.
There are three types of Disclosure: Basic/Standard/Enhanced
Basic Disclosure
This Disclosure is NOT suitable for applicants working with children, the elderly and other vulnerable groups. The Basic Disclosure only contains information held on Central Police records that are unspent according to the Rehabilitation of Offenders Act 1974.
Standard Disclosure
This contains information about both spent and unspent convictions, as well as cautions, warnings and reprimands. It is available in relation to posts that involve regular contact with Children and other vulnerable groups. It also checks information held by the DH and DfES. Standard disclosures are also issued to people entering certain professions, such as legal and finance professions, to name but two. This Disclosure can ONLY be obtained through a Registered Body to the CRB, not by the individuals themselves.
Enhanced Disclosure
This relates to particularly sensitive area of work, e.g. involving unsupervised contact with children, young people, and vulnerable groups. It is the most comprehensive and appropriate check that is available to organisations and gives thorough information on all records held PNC, local police files, DH and DfES. List 99, POCA list (Protection of Children Act) and the POVA list (Protection of Vulnerable Adults). These are lists of adults deemed NOT suitable to work with children, but may not have been prosecuted. In addition, the Chief Officer of police may release information for inclusion in an enhanced disclosure and additional information may be sent under separate cover which is not released to the applicant. This check can ONLY be obtained through a Registered Body to the CRB.
Why is a Disclosure Necessary?
Under the Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000, it is an offence for any organisation to offer employment that involves regular contact with young people under the age of 18 to anyone who has been convicted of certain specified offences or included on lists of people considered unsuitable for such work held by the DH and DfES. The act applies to employment agencies and employment business whether they are carried on by commercial concerns for profit or by non-profit making bodies.
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