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Criminal Records Bureau

Answer

The Criminal Records Bureau's (CRB) Disclosure service is only available for those positions and types of work included in the Exceptions Order (1975) to the Rehabilitation of Offenders Act 1974. The Standard and Enhanced Disclosure process includes checks against the Police National Computer (PNC) and, if applicable, a search against Section 142 of the Education Act 2002, the Protection of Children Act and Protection of Vulnerable Adults (PoCA and PoVA) lists.Enhanced Disclosures also contain a further check conducted by police forces for any relevant non-conviction information. The checks are undertaken irrespective of an applicant’s nationality or length of residence in the United Kingdom.Individuals who work in the education, social care and health sectors will require a combination of all the above checks, depending upon the nature of their work and whether their position brings them into contact with children, vulnerable adults or both.The procedures are subject to continuous review and the CRB is in discussion with the Association of Chief Police Officers (ACPO) and others about seeking access to overseas conviction data. Discussions are at the preliminary stage and it is too early to say how data will be shared and there are a number of concerns that would need to be addressed, including the safety of data for inclusion within the Disclosure service, the legality of sharing data, the safety of UK data provided to overseas agencies and the interpretation of overseas conviction information to ensure that employment decisions are made consistently and effectively.In the meantime, the CRB has introduced an overseas service in February 2003 to provide details and guidance to employers and individuals on how to obtain a certificate of good conduct or a copy of a person’s own criminal record from those countries included in the overseas service.This information can be used in conjunction with the full range of pre-appointment checks to ensure that the prospective employee is suitable for the post. These pre-appointment checks are the responsibility of the employer and a CRB Disclosure is only one part of that process. Full details of this service are available on the CRB’s website at www.crb.gov.uk//overseas.Some countries, including most in the EU, also have arrangements enabling their citizens to obtain certificates of good conduct or extracts from any existing criminal record to show to prospective employers. These may be obtained once the prospective employees have arrived in the UK but it may be advisable for them to obtain the document before leaving their home country.

Secondary information

Type

Written question

Reference

91687; 450 c485-6W;450 c489-90W

Session

2005-06

Subjects

Migrant workers Vetting

Link

View this Written question on www.publications.parliament.uk