Criminal Record Checks & ISA

CRIMINAL RECORD CHECKS

CRB Umbrella Body

NWCS is registered with the Criminal Records Bureau (CRB) as an “Umbrella Body” for undertaking Criminal Records Checks on behalf of those who are unable to do it themselves. Any organisation carrying out less than 100 CRB checks per annum does not meet the minimum threshold requirements of registration with the CRB, and so has to use the services of an Umbrella Body.

As a Registered Body our role is to:

• Check and validate the information provided by the applicant on the application form

• Establish the true identity of the applicant, through the examination of a range of documents using guidance provided by the CRB
• Ensure the application form is fully completed and the information it contains is accurate

• Countersign application forms to confirm the organization has an entitlement to access criminal record information

• Comply with the Code of Practice.

How does the CRB check work?

• Anyone having regular contact with children and vulnerable adults should have a Criminal Records Bureau Disclosure before they are offered employment.

• If an organisation wishes to apply for CRB checks as part of their recruitment process they must be entitled to ask exempted questions under the Rehabilitation of Offenders Act (ROA) 1974 Exceptions Order 1975.

• A Disclosure is a document containing information held by the police and government departments. It can be used by employers and voluntary organisations to make safer recruitment decisions. There are 2 types of Disclosure – Standard and Enhanced.

• Once an organisation has requested NWCS to carry out CRB checks on their behalf we will issue them with the relevant documentation including:
o CRB Application forms
o Copies of our Policy documents
o The CRB Code of Practice and
o Guidance notes on completing the application form
o A list of identity verification documentation required by applicants.

Standard Disclosure

These are primarily for posts that involve working with children or vulnerable adults. The Standard Disclosure contains details of all convictions held on the Police National Computer including current and ‘spent’ convictions as well as details of any cautions, reprimands or final warnings.

If a position involves working with children, the Disclosures will indicate whether information is held on government lists, held by the Department for Education and Skills (DfES) and the Department of Health (DH), of those who are banned from working with children. The Disclosure also holds information held by the DH of those considered unsuitable to work with vulnerable adults.

The cost of a Standard Disclosure is £31* per Disclosure. This is paid to the CRB by NWCS we also make a charge to cover our administrative costs, which is currently £8.00 + VAT per Disclosure Application.

Enhanced Disclosure

These are for posts involving a far greater degree of contact with children and vulnerable adults. This level of Disclosure involves an additional level of check to those carried out for the Standard Disclosure. An Enhanced Disclosure includes a check on local police records.

The cost of an Enhanced Disclosure is £36* per Disclosure. This is paid to the CRB by NWCS we also make a charge to cover our administrative costs, which is currently £8.00 + VAT per Disclosure Application.

For further details please email

Shirley Moran or contact us onn 0151 524 3606 or by fax on 0151 524 3602

* Prices are set by Criminal Records Bureau and may be subject to increase.

I.S.A. (Independent Safeguarding Authority)

How will the introduction of ISA effect you?

Employers’ duties and responsibilities

It will be a criminal offence for an employer to allow a barred person, or a person who is not yet registered with the ISA, to work for any length of time in any regulated activity.

It will be a criminal offence for an employer to take on a person in a regulated activity if they fail to check that person’s status.

Employees’ duties and responsibilities

A barred individual must not take part in any regulated activity.

An individual taking part in a regulated activity must be registered with the ISA.

It will be a criminal offence for a barred person to take part in a regulated activity for any length of time.

Make sure you know what you are expected to do as the new vetting service is introduced in managed phases.

October 2009 Changes now implemented

From October 2009

Increased safeguards will be introduced, such as a wider definition of “Regulated activities”, further enhancing protection of children and vulnerable adults.

The three current barring lists (POCA, POVA and List 99) will be replaced by the creation of two new barred lists administered by the ISA rather than several government departments. Checks of these new lists can be made as part of an Enhanced CRB check.

Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk ensuring potential threats to vulnerable groups can be identified and dealt with.

Download the ISA referral form.

There will be criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on.

The eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a regulated position.

Guidence on ISA's decision making process.

From July 2010

From July 2010 those who currently work with children or vulnerable adults and are changing jobs will have to become ISA registered. Those who currently work with vulnerable groups but are staying in their current role will not have to become registered until later in the five year phasing period.

Employers and voluntary organisations working with children and vulnerable adults cannot recruit workers who are not ISA-registered.

From July 2010, individuals can apply for ISA-registration and a CRB check (including an ISA check) on one new application form.

When a person becomes ISA-registered they will be continuously monitored and their status reassessed against any new information which may come to light.

From November 2010

So as not to disrupt normal recruitment over the traditionally busy summer period, the legal requirement for employees to register with the VBS and employers to check their status will come into force in November 2010.

From 2011

Existing employees and volunteers with no CRB check must apply for ISA registration.

Existing employees and volunteers with CRB checks will also need to apply for ISA registration, starting with staff whose CRB checks are the oldest.

North West Community Services

Employers’ duties and responsibilities

Employees’ duties and responsibilities

From October 2009

From November 2010