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Criminal Records Bureau

Answer

The Criminal Records Bureau (CRB) issues higher-level disclosures (both standard and enhanced) for employment and licensing purposes, as provided for in Part V of the Police Act 1997. Higher-level disclosures (standard and enhanced) can be asked for only in relation to positions that are included in the Rehabilitation of Offenders Act 1974 (ROA) (Exceptions) Order 1975. These are positions/licensing requirements for which an employer/regulatory authority may ask to see spent as well as unspent conviction information. Those families acting as host families for children from overseas who are under 18 would qualify for a higher-level disclosure if they are working in a regulated position as defined in Section 36(1)(a) to (h) of the Criminal Justice and Court Services Act (CJCSA) 2000. The CJCSA defines a child as someone who is under 18 (under 16 if the child is employed). If they are working (whether paid or unpaid) in a position whose normal duties include regularly caring for, training, supervising or being in sole charge of a person under 18, they would qualify for an enhanced disclosure. However, under Part V of the Police Act 1997 a disclosure would not be mandatory for any member of the host family. It is for an employer or organisation, bearing in mind their legal and other responsibilities, to determine whether or not they should ask members of a host family to apply for a disclosure. If not using the disclosure service, organisations with responsibility for employing people in positions of trust should have their own vetting requirements and procedures.

Secondary information

Type

Written question

Reference

585; 706 c195-6WA

Session

2008-09

Related items

Criminal Records Bureau
Monday, 9 February 2009
Written questions
House of Lords

Subjects

Children Families Protection Vetting Criminal Records Bureau Educational exchanges

Link

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