Contracts of Employment Law
CRB Checks Sun , 5 September Employment Law
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CRB Checks

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CRB Checks UK


Employers

'Does your company or organisation regularly require CRB checks for your staff? We can simplifiy the entire process for you!'

Employees

'Has your employer asked you to obtain a CRB check? Our application process is extremely simple!'

Frequently Asked Questions

What is an Umbrella Body?

Umbrella Bodies are organisations that are Registered Bodies with the CRB. They act as intermediaries for other organisations who wish to use the disclosure service but are not registered themselves. The function of an Umbrella Body is therefore, to countersign applications on behalf of organisations which have chosen not to register in their own right.

What are the costs?

We provide a range of services for organisations that wish to submit Disclosure applications. ELAS do not have a fixed pricing structure because we can tailor specific packages to meet different business needs. We understand that companies require diverse services that must conform to their organisation’s structure. With this in mind, we encourage you to contact us to discuss the services we offer so that we may determine which of our services is best suited to meet your needs. .

After I Submit an ISA Adult First enquiry What Happens Next?

The CRB will reply, by email, to ELAS. This reply will contain one of the following responses. It will also clearly state that its content forms only the first part of the Disclosure process and that further information will follow:

OPTION 1. "Registered Body must wait for the full Disclosure"
OPTION 2. "No match exists for this person on the current ISA Vulnerable Adult list"

If the reply is Option 1, you must wait for the full Disclosure as the search of the ISA Vulnerable Adult list has proved inconclusive and a full search is required to determine whether the person is or is not on the list.

How Long Will It Take To Receive Results?

The CRB will aim to issue 98% of ISA Adult First results within 48 hours and 100% within 72 hours (weekends and bank holidays are excluded).

Please note that it can take a few days for the CRB to receive your Disclosure applications after you have posted it. The service standard only starts after the CRB has received a fully completed/valid Disclosure application form and a valid ISA Adult First request.

What Is The Policy On The Retention, Handling And Storage of ISA Adult First Results?

The results of POVAFirst checks are classified as Disclosure information. They are therefore subject to the same provisions of the CRB Code of Practice and must be retained, handled and stored in the same manner. Why Is Disclosure Important?

It is a way to help protect the vulnerable in our society by providing a means to identify persons who may harm them. In this way disclosure helps organisations to make more thorough recruitment decisions by eliminating potential risks to the health, safety, security and wellness of the persons whose care is entrusted to these organisations.

How Does The Disclosure Process Work?

Once either of these two avenues has been pursued, the applicant must fill out a form which will be checked by the registered body. This form will be sent to the CRB for processing where the police record check, the DH and DfES checks will be completed. Finally, a disclosure certificate will be sent simultaneously to the applicant and the lead counter signatory of the registered body.

Who Needs To Apply For A Disclosure Check?

Anyone who works with children or vulnerable adults needs to apply. Whether working in a paid or unpaid capacity an Enhanced Disclosure check needs to be completed. In addition, if an individual is likely to come into contact with vulnerable people either through the course of their work or for a specific purpose, then it is likely that your organisation will need to ensure a disclosure check is carried out. This includes Trustees of Children's Charities and individuals who sit on the management committees of projects that work with children. A Disclosure may only be requested for those applicants for whom you are offering employment.

We Are A Voluntary Organisation. Do We Need To Carry Out Disclosure Checks?

In the same way as non-voluntary organisations, voluntary organisations whether large or small, carry the same responsibility for using safe selection procedures. This may put some people off. However, the safety and well-being of children and vulnerable adults must come first. Hence, in all organisations which place people in a position of trust over children or vulnerable adults these checks must be carried out.

How Long Does It Take To Get A Disclosure?

The length of time it takes for a disclosure to reach the applicant varies. It depends on the accuracy and completeness of the information provided on the applicant's disclosure application form. In other words, all personal information must be correctly documented on the application form, and, the required number as well as type of proof of identity documents must also be submitted. Once the CRB receives a completed application form, they state that they issue 90% of standard and enhanced disclosure results within two and four weeks respectively.

Who Will Receive The Disclosure Once It Has Been Completed?

For Standard and Enhanced Disclosure checks, two copies will be issued, one for the applicant and the other copy will be sent to the registered body.

How Long Is A Disclosure Valid?

Disclosure certificates have no validity period. This is to say the information provided on the certificate is correct up until the date it was printed. It can not provide any new information that may arise on the individual after this date. Therefore, a disclosure certificate becomes more useful the sooner it is issued by the applicant for the potential job and/or voluntary position. ELAS reccomend that you apply for a new CRB Check every two years

Are Disclosures Compulsory?

Part V of the Police Act 1997 does not make checks compulsory. However, other legislation, such as the Criminal Justice and Court Services Act 2000 and the Child Protection Act 1999, does make some checks compulsory and strongly recommends checks for other positions. Under these acts, it is a criminal offence for people with certain convictions to apply for and work with children and vulnerable adults. It is also an offence to knowingly offer work to such an individual. In defining "Working with Children" the legislation makes no distinction between paid or unpaid work. There are also other types of occupations and employment for which a check can be carried out and are contained within the Exceptions Order to the Rehabilitation of Offenders Act 1975 but are not compulsory. In these professions, as Disclosures are not compulsory, any employee is within their rights to refuse to provide one. When the law does not require a Disclosure but an employer would like all applicants to submit to one, the employer must make it clear from the outset that a satisfactory Disclosure is a condition of employment. The employer must include a statement to that effect within the application form, which the prospective employee must sign. An applicant’s signature indicates their willingness to provide a Disclosure. If the prospective employee then refuses to provide one, the employer should be within their rights not to proceed with an application. Furthermore, when the law requires a Disclosure and a prospective employee refuses to apply for one, then the employer would be within their rights to end the application process. Existing employees cannot be forced to apply for a Disclosure. Retrospective checks may only be carried out on existing members of staff if the employee's contract or conditions of employment state that a police check can or may be carried out, or the employee has given written consent.

Will Disclosures Ensure The Safety Of My Staff?

Disclosures can only alert you to individuals who, at the time of Disclosure, either have a criminal record or, (in the case of Standard and Enhanced checks), have been placed on the Department for Education and Skills list and/or the Department of Health lists. For this reason, we strongly recommend that these disclosures be used because they document prior behavior and indicate potential risks to the safety and well being of persons who may come into contact with a prospective employee who has a criminal history that may portend harmful intent or consequences if hired.

Is Disclosure Foolproof?

No. First of all, disclosure can only tell you about ‘spent’ or current convictions. Disclosure also includes information that has previously come to the attention of the police. Secondly, remember that the accuracy of the check depends on the personal details, which the candidate provides. The hiring organisation must make sure that applicants are who they claim to be. In order to achieve this end, proper proof of identity documentation must be required and submitted along with a completed background check application.

These questions along with many others may be answered by contacting the expert staff at ELAS. We offer superior service at affordable rates. Our primary purpose and goal is to ensure that your business receives the best protection available regarding your employment indemnity, health and safety issues. Our team of legal advisors coupled with our efficient administrative staff can guide your management team through a multitude of laborious tasks easily and effortlessly so that they are free to pursue more important goals. As an Umbrella Body, ELAS acts as liaison to other Registered Bodies which enable your company to benefit from these enhanced resources and associations.


Employment Law Advisory Services Limited
Charles House, Albert Street, Eccles, Manchester, M30 0PW Tel: 08450 50 40 60, Fax: 0161 787 7335, Email: crb@employment-law.uk.com