The following is some of the often asked questions concerning Disclosures. It is based on our current understanding of the Law and CRB policy. For a more information, please see the CRB Website

 

Before you Apply for a Disclosure

My staff don’t work with vulnerable adults or children can I still get Disclosures?

Accessing CRB Disclosures in England is governed by legislation (principally the Police Act 1997). Because of this, only certain can people request a Disclosure and in principle they fall into one of the  following categories:

• People who work or have unsupervised contact with children

• People who work with vulnerable adults

• Certain categories of professions where a CRB Disclosure is a legal requirement.

A list of the CRB list of approved people is available from the CRB website or a downloadable pdf version here. 

 

I’m self-employed, can I get a CRB Disclosure?

The following people are automatically ineligible from applying (but see below “What if I am not eligible”):

• Self-employed people on themselves,

• Parents who employ a nanny/au pair/babysitter directly cannot apply for a CRB check; however, if an agency supplies the nanny/au pair/babysitter, the agency is entitled to carry out a CRB check  top 

 

What if I am not eligible?

If you are not eligible from applying there are alternatives. There is a charge for each service and Crossways cannot assist you in obtaining the details for you:

* Disclosure Scotland have on an on-line service for Basic Disclosures.

* You can apply to your local police force for a copy of your personal information that is held on you on the Police National Computer under Data Protection Act.

 

If you need a Standard or Enhanced Disclosure and you are not eligible because you are self-employed, you can either:

1) Apply through an agency such as a recruitment or nanny agency (but remember that the person or organisation you are doing contract work for may be able to ask on your behalf, i.e. if it is a school, local authority, charity etc.) or

2) If you do part-time work or help out (i.e. as a volunteer) with either children or vulnerable adults, you may be able to get a Disclosure through your employer (including voluntary work employer). They wouldn’t be able to give you the Registered Body’s copy of the Disclosure but you would still have your own Personal Copy.  top  

 

Do I need to get a CRB Disclosure for my staff?

For some organisations, there is a legal requirement for all the staff to be checked. For others, although there is no legal requirement, there may be an implied requirement i.e. to satisfy any contract you may have with a statutory authority or because your Employer’s Liability Insurer requests it, or you feel that it is an acceptable cost to minimise the risk of not employing an inappropriate person.

If you are not legally obliged to obtain Disclosures, Crossways cannot advise you as to whether you should obtain them or not. You will need to weigh up whether the cost of getting them balances out the risk of not having them. In principle, a Disclosure should only seen as part of your recruitment process and there is no substitute for a thorough check on an applicant’s identity, proof of address, past work record and references. top  

 

Registering to use Crossways as your Umbrella Body

What are the legal requirements?

The purpose in registering is to ensure that you are aware of the legal requirements (i.e. Part V of the Police Act 1997) that you undertake in requesting a Disclosure for your staff.

1) You must agree and implement the CRB Code of Practice

2) You must have a Policy (sample policy is available to adapt) on how you will treat the Disclosures once you receive them i.e.

   * who will see the Disclosures (which managers/partners),

   * which offences will you see as relevant, and

   * where will you temporarily store them i.e. do you have a secured place (they cannot be kept with an employee’s application form.

3) You must also complete a Declaration to the fact that you agree with the above.

 

Do I have to submit a fixed number of applications?

By registering you are not required to submit a fixed number of applications as each application is treated separately (i.e. if you only have a few staff which require Disclosures). Equally Crossways may refused to countersign applications if we feel that you are not/no longer eligible,  you are not supplying correct or sufficient evidence of identity for each applicant or it would be impractical or inappropriate for us to continue. These reasons are not exhaustive but we do not take this option except in rare cases. top

 

The Application Process

How do I apply for a Disclosure?

Applications must be made on the Official CRB Disclosure forms which are issued by the Umbrella Body (e.g. Crossways Community) and completed in accordance with the guidance laid down by the CRB (a summary of which is available). Once completed the form must be returned back to the Umbrella Body that issued it. Because the forms are coded for each Umbrella Body, a form issued by one Umbrella Body cannot be processed by another. How to complete the form.

 

My Staff work with Vulnerable Adults and Children can I apply for both at the same time?

If you work with vulnerable adults and children, the CRB do not have the facility to check the POVA and POCA (see below) lists on the same application. Therefore you will need to chose:

* Which is more relevant i.e. you work mainly with vulnerable adults and children are usually or always supervised by a parent or guardian.

* Submit two applications to cover children and vulnerable adults.

We cannot advise you specifically as you will understand your own employment risks better than us, but we will try and help as best we can.

 

What do the CRB check when an application is made (CRB Process)?

Disclosures fall into two sets of groups: those working with Vulnerable Adults or Children and two levels Standard and Enhanced. More details of the CRB Process here.

 

Vulnerable Adults

Standard Disclosures, these would check the Police National Computer for convictions, cautions, warnings.

Enhanced Disclosures, these would check the same as the Standard Disclosure and also a check on the POVA (Protection of Vulnerable Adults Register) to assess whether someone is banned from working with vulnerable adults. Depending on the employment, it may also include Additional Information which is discretionary information the police have disclosed where they feel that someone may be a potential risk to vulnerable adults but as of yet, have not been prosecuted for it.

 

Children

Standard Disclosures, these would check the Police National Computer for convictions, cautions, warnings and also a check against the official registers (List 99, Now called information held under Section 142 of the Education Act 2002), the POCA (Protection of Children Act List)

Enhanced Disclosures, these would check the same as the Standard Disclosure but also a check on police local records to see and the police may choose to include Additional Information which is discretionary information the police have disclosed where they feel that someone may be a potential risk to children but as of yet, have not been prosecuted for it. top   

 

What is ISAFirst & can I get a ISAFirst for one of my staff?

ISAFirst is a quick check (normally carried out within 48 hours of the CRB receiving a completed Disclosure form) on the list of adults held by the Department of Health who are banned from working with vulnerable adults. It is only available to people who work in care or nursing homes and there is an urgent need for them to be allowed to work as soon as possible (i.e. the home is short staffed). It isn’t a replacement for a full Disclosure and even if the check comes back OK, the new staff member must be closely supervised to comply with the Care Home Regulations.  top   

 

How long does it take the CRB to process an application?

The time it takes on processing (sending a form off to the CRB after the Umbrella Body has confirmed your details) is initially based on what type of Disclosure was requested. The CRB’s own guidelines state that they should process 93% of Standard checks in 2 weeks and 90% of Enhanced checks in 4 weeks.

This can vary if there is a large influx of applications (i.e. August just before schools restart for September) or there are problems on the application form that require it to be corrected. Because Enhanced Disclosures are sent to the local police force in the area you currently live (or previously lived if you have moved in the last 5 years), this adds to the processing time. Any difficulty that police may have in verifying your name and address would add to the delay.

 

Police Processing Times

Both Sussex (East & West) and Kent continue to have slow turnaround times for the police search. It can be sometimes quicker if an applicant has had a Disclosure recently but sometimes there is a delay because the police are having difficulty distinguishing between two similar names, or there is a particularly busy time with block applications from either schools or the NHS. Details of Police Performance (note these times are for the police searches for Enhanced Disclosures only, the total time will be two - four weeks longer to include the CRB processing time and posting times. 

 

Delays do not automatically signify that the applicant has any convictions or that there is police intelligence that has to be considered. top

 

Can anything be done to speed up a slow Disclosure?

A significant issue when it comes to processing an application quickly is the accuracy of the original application form. Ambiguous letters (“M”, “N” and “W” can look very similar if not careful), missing middle names, address histories that are incorrect etc., all require the police and CRB to check and recheck details. Although Crossways will endeavour to spot and correct the more obvious problems, it is up to the applicant and their employer to ensure that the form is completed accurately. See the how to complete a form correctly.

Once the Disclosure Application Form has been sent to the CRB, there is very little that Crossways can do to make it go quicker, they don’t have fast-track system but the CRB will chase up the Police if they take longer than 60 days. However in general the time-scale is roughly as follows:

 

1) CRB initial checking, Police National Computer/ISA checks (roughly 1 week)

2) If it is Standard Disclosure then it is sent for printing and posting (1 week)

3a) If it is an Enhanced Disclosure then it is sent to the Local Police Force. This can take 2 - 6 or more weeks depending on the local authority (see above for Police Processing Times).

3b) It then goes back to the CRB  for them to print & post (1 week).

More details of the process   top

 

How are Disclosures issued?

When a Disclosure check has been made the CRB issue two certificates. One of these (the Personal Copy) is sent directly to the applicant, the other (Registered Body’s Copy) is sent to the Countersignatory (i.e. if you use Crossways as your Umbrella Body, we receive it on your behalf and will send it on to the employer).top

 

Are the two certificates (Personal & Registered Body’s) the same?

All being well, they should be. However, for Enhanced Disclosures, there may be Additional Information that the police choose to reveal on the Registered Body’s copy that is not shown to the applicant. This information must never be shown to the applicant unless prior approval is obtained from the CRB or police.  top   

 

What is the “Additional Information” that might be received for Enhanced Disclosures?

Enhanced Disclosures start off the same way as Standard Disclosures but then have are sent to each of the police authorities where the applicant has lived in, in the past five years. The police check whether there is any “soft intelligence” i.e. they strongly suspect someone but haven’t yet, got enough evidence to put forward a case. They will look at the job title and assess how much risk there might be and whether they feel able to share this information. If they do feel able to share this information, this will be sent separately to the Registered Body (Crossways) and advice will be sought as to how to proceed. The applicant will not be aware (and it would be illegal for them to be informed) that his information exists. However it should be noted that this extra information is extremely rare (CRB estimate 1 in every 10,000 applications) and in the several hundred Disclosures processed by Crossways, none has been seen.

 

Charges & Volunteers

How Much Does it Cost?

For our current fees, see CRB Disclosure Charges  top    

 

Is there a charge for volunteers?

The government have granted a concession that there is no CRB charge for volunteers. However, there is no difference in processing the application and the same checks on identity must be performed. Hence we still charge an administration fee for this service. Definition of a Volunteer   top   

 

After you have Received your Disclosure

A member of staff has lost his personal Disclosure can he/she have the employer’s (Registered Body’s) copy?

Because a Registered Body’s copy may contain Additional Information, it must never be given to the applicant to see. Similarly because staff have a right to see their personnel files, Disclosures should be kept in a locked (non-portable) filing cabinet, separate to their employment files.

 

How long does a CRB Disclosure last?

Disclosures are accurate on the day they are issued. If your organisation is regulated by an official body (i.e. CQC or OFSTED), you will need to follow their official guidance.

If you have obtained a Disclosure for one of your staff and there is no legal requirement to have it updated regularly, it is down to your own policy as to how often you should have it renewed.

 

Portability - Can? I reuse a previous employer’s CRB Disclosure?

As Disclosures are only “valid” or accurate on the day they are issued. For some organisations, i.e. care homes, a new Disclosure is required for a new employment (irrespective as to how recently a previously issued Disclosure was issued).  top   

 

If you do not have to get a new Disclosure - you should consider the following:

* How recent was the previous Disclosure issued (the longer the time, the more likely an offence has been committed that hasn’t been recorded)?

* Can I trace the person’s life since the date of issue to minimise the risk?

* At what level and for what purpose was the previous Disclosure obtained and is this appropriate for the new position? Disclosures only check for information that is requested i.e. for an adult placement, the Protection of Vulnerable Adults List is checked but not the “List 99” or “POCA” (Protection of Children Act List) which checks whether someone is banned from working with children.

* A Standard Disclosure for an adult placement (i.e. a secretary in a care home) would not have checked the same lists of banned individuals if the person were to work in a children’s home as a carer.

* Current guidance from the CRB states that they no longer support the reusing of previously issued Disclosures. top

 

How long can I keep the Disclosure?

Applicants’ Personal Disclosures are their own property and they are free to use and keep them as they see fit.

Registered Body Disclosures (given to employers) should only be kept for as long as necessary to assess whether someone is suitable to be employed i.e. normally a few weeks. The CRB advise that they should not be kept for longer than six months unless in exceptional circumstances or where there is a legal requirement to show them to a regulator they can be kept for a longer period.

 

I have been asked to show the employer’s (Registered Body’s) Disclosure to others, is this OK?

Section 124 of the Police Act 1997 states that CRB Disclosures should only be passed to those who are authorised to receive it. These will include:

1) People directly involved in the recruitment process

2) Any regulator of the organisation who have been granted powers under an Act of Parliament to access information

3) The CRB themselves have the right to check that Disclosures are kept in an appropriate place and can make spot checks on any person who is a recipient of Disclosures.

4) If the applicant gives written consent for the Disclosure to be viewed by the other person. The CRB’s own view on this is that permission must be “freely given” and not part of a contractual arrangement. In other words, it can’t be part of a member of staff’s contract of employment for the Disclosure to be seen by a third-body as this would breach Section 126(6)(a) Police Act 1997.

 

However a compromise is usually possible and many organisations, when they receive a Disclosure, record the name, date and unique reference number as evidence that a Disclosure was received. This is usually sufficient to satisfy that proper employment checks have been carried out.  top 

 

Can the Applicant show his/her copy to others?

As the Applicant’s Disclosure shows personal information about the applicant only, he/she can show it to whomever he/she chooses. They are entitled to keep the Disclosure for as long as they like. top