Written question asked by Madeleine Moon (Labour) on Wednesday, 16 November 2005, in the House of Commons. It was due for an answer on Monday, 21 November 2005. It was answered by Andy Burnham (Labour) on Wednesday, 30 November 2005 on behalf of the Home Office.

Criminal Records Bureau

Question: To ask the Secretary of State for the Home Department what requirements there are for further Criminal Records Bureau checks for individuals providing private tuition to young people where the tutor is not a teacher and holds an enhanced disclosure certificate.

Answer: The Criminal Records Bureau does not impose any requirement on individuals to obtain a disclosure. The decision whether to obtain a disclosure for a specific eligible position rests solely with the recruiter, bearing in mind any existing legal obligations which may govern their employment sector.Tutors working for private individuals, such as parents, are not generally eligible for enhanced disclosure because parents are not entitled to ask exempted questions under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. An individual cannot at present obtain a disclosure without an exempted question being asked.However, if tutoring is carried out in a formalised environment, such as a school, the position is likely to be eligible for disclosure by virtue of being in a ““regulated position”” under the terms of the Criminal Justice and Court Services Act 2000 (CJCSA). Nevertheless the CRB imposes no requirement on such individuals to obtain disclosures, although other guidelines may make the work eligible for checks.

Secondary information

Type: Written question
Reference: 440 c592-3W;440 c592W; 30782
Session: 2005-06
Subjects: Disclosure of information Criminal records Private sector Vetting Teachers
Link: View this Written question on www.publications.parliament.uk