General Information
The CRB is an Executive Agency of
the Home Office set-up to help organisations make safer recruitment
decisions. The links below will provide you with an overview of the
CRB and its services.
What
is the CRB?
The Criminal Records Bureau (CRB), an Executive Agency of the
Home Office, provides wider access to criminal record information
through its Disclosure
service.
This service enables organisations in the public, private and
voluntary sectors to make safer recruitment decisions by
identifying candidates who may be unsuitable for certain work,
especially that which involves children or vulnerable
adults.
The CRB was established under Part V of the Police Act 1997 and
was launched in March 2002. Prior to that, access to police checks
was mainly confined to organisations in the statutory sector for
staff who had ‘substantial unsupervised access’ to children.
There were many other organisations that could not access these
checks and yet had staff with similar access to vulnerable
groups. The CRB enables many more organisations to access
these checks as part of good recruitment practice.
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Who
runs the CRB?
The Criminal Records Bureau (CRB) is run as an Executive Agency
of the Home Office by Civil Servants, and delivers the service
through a number of strategic partnerships with:
The Police
For the provision of information that is held on the Police
National Computer and held locally by the forces
Capita
CRB’s private sector partner that operates an
administration infrastructure and call centre
Registered Bodies
As the primary contact point for checking Disclosure
applications and validating information provided by the applicant;
establishing the identity of the applicant; submitting a fully
completed application form; countersigning the application form to
confirm entitlement
The Civil Servants manage the overall process and carry out the
confidential checking part of the service as well as the management
and assurance of the Registered Body network.
The CRB also works in partnership with the Department of Health
(DH) and the Department for
Children, Schools and Families (DCSF) for
the provision of information that is held by them, of people
considered unsuitable or banned from working with children and
vulnerable adults.
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The
CRB Disclosure service at a glance
The Criminal Records Bureau (CRB) acts as a
‘one-stop-shop’ for organisations, checking police records and, in
relevant cases, information held by the Independent Safeguarding
Authority (ISA). There are two levels of CRB check currently
available called Standard and Enhanced Disclosures.
The two CRB checks are available in cases where an employer is
entitled to ask exempted questions under the Exceptions Order to
the Rehabilitation of Offenders Act (ROA)
1974. This includes any organisation whose staff or
volunteers work with children or vulnerable adults. They are
issued free to volunteers.
Standard Disclosure
This is primarily available to anyone involved in working with
children or vulnerable adults, as well as certain other occupations
and entry into professions as specified in the Exceptions Order to
the Rehabilitation of Offenders Act (ROA) 1974. Standard
Disclosures show current and spent convictions, cautions,
reprimands and warnings held on the Police National
Computer.
Enhanced Disclosure
This is the highest level of check available to anyone involved
in regularly caring for, training, supervising or being in
sole charge of children or vulnerable adults. It is
also available in certain licensing purposes and judicial
appointments. Enhanced Disclosures contain the same
information as the Standard Disclosure but with the addition
of;
- any relevant and proportionate information held by the local
police forces.
- a check of the new Children and or Vulnerable Adults barred
lists where requested.
The CRB recognises that the Standard and Enhanced Disclosure
information can be extremely sensitive and personal, therefore it
has published a Code of Practice and employers’ guidance for
recipients of Disclosures to ensure they are handled fairly and
used properly.
A copy of the Standard or Enhanced Disclosure will be sent out
to the applicant as well as the Registered Body
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What is
the Code of Practice?
Organisations that wish to use CRB checks
must comply with the CRB’s Code of Practice, developed after a
lengthy public consultation exercise with input from a range of
organisations.
The Code of Practice is intended to ensure - and to provide
assurance to those applying for Standard and Enhanced Disclosures -
that the information released will be used fairly. The Code
also seeks to ensure that sensitive personal information is handled
and stored appropriately and is kept for only as long as
necessary.
Anybody, who receives Standard or Enhanced Disclosure
information must abide by the Code of Practice, this includes:
- Registered Bodies
- Umbrella Bodies
- Recruiters and others receiving such information
The Code of Practice states that Disclosure information should
only be used in the context of a policy on the recruitment of
ex-offenders, designed to protect applicants from unfair
discrimination on the basis of non-relevant past convictions.
The CRB has developed a specimen policy on the recruitment of
ex-offenders to help guide organisations.
Storage of Disclosure information is also important. The
Code of Practice requires that the information revealed is
considered only for the purpose for which it was obtained. It
should be destroyed after a suitable period has passed - usually
not more than six months.
Organisations must therefore use Disclosure information fairly,
and ensure that it is handled and stored appropriately. They
must also satisfy the CRB that they are complying with the Code of
Practice, which means co-operating with requests from the CRB to
undertake assurance checks, as well as reporting any suspected
malpractice in relation to the Code or misuse of Disclosures.
The CRB can refuse to issue the results of a CRB check if it
suspects that the Code of Practice is not being adhered to.
To view the CRB Code of Practice
click here (pdf 1mb new window)
Please note that the CRB Code of Practice should be
considered in conjunction with the changes to CRB checks effective
following the increased safeguards introduced with the new Vetting
& Barring Scheme on 12 October 2009.
You can read the new VBS Guidance by clicking here.
(pdf 1.5mb new window)
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What are
Registered Bodies?
A Registered Body is an organisation that is listed with
the CRB and which is entitled to ask exempted
questions under the Exceptions Order to the Rehabilitation of
Offenders Act (ROA) 1974 Exceptions Order 1975
or will countersign applications on behalf of people or
organisations who themselves are entitled to ask exempted
questions.
The Registered Body’s role is to:
- Check and validate the information provided by the applicant on
the application form
- Establish the true identity of the applicant, through the
examination of a range of documents using guidance provided by the
CRB
- Ensure the application form is fully completed and the
information it contains is accurate
- Countersign applications to confirm that the organisation has
an entitlement to access criminal record information
- Comply with the CRB’s Code of Practice
Registered Bodies that provide access, to the CRB service, to
other organisations are called Umbrella Bodies. For example,
a large organisation that has registered with the CRB to check out
its own staff and/or volunteers may decide to offer access to CRB
checks to smaller organisations. Umbrella Bodies have the
same responsibilities as Registered Bodies and must take reasonable
steps to ensure that any organisation they are countersigning on
behalf of also complies with the relevant responsibilities and
obligations.
Umbrella Bodies play an important role in the success of the CRB
as they provide the mechanism by which many smaller organisations
will access CRB checks.
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What is the
Rehabilitation of Offenders Act (ROA) 1974?
The Rehabilitation of Offenders Act (
ROA
) 1974 applies to
England, Scotland and Wales, and is aimed at helping people who
have been convicted of a criminal offence and who have not
re-offended since.
Anyone who has been convicted of a criminal offence, and
received a sentence of not more than 2.5 years in prison, benefits
as a result of the Act, if he or she is not convicted again during
a specified period otherwise known as the 'rehabilitation
period’. The length of this period depends on the sentence
given for the original offence and runs from the date of the
conviction. If the person does not re-offend during this
rehabilitation period, they become a ‘rehabilitated person’, and
their conviction becomes ‘spent’.
For example, if a person receives a sentence of imprisonment or
detention in a young offenders institute of between 6 months
and 2.5 years, the rehabilitation period is 10 years, or 5 years if
the individual was under 18 at the time of conviction. For an
absolute discharge the rehabilitation period is six months.
Sentences can carry fixed or variable rehabilitation periods and
these periods can be extended if the person offends again during
the rehabilitation period. However, if the sentence is more
that 2.5 years in prison the conviction never becomes
‘spent’. It is the sentence imposed by the courts that
counts, even if it is a suspended sentence, not the time actually
spent in prison.
Once a conviction is ‘spent’, the convicted person does not have
to reveal it or admit its existence in most circumstances.
However, there are some exceptions relating to employment and these
are listed in the Exceptions order to the ROA. The two main
exceptions relate to working with children or working with
vulnerable people. If a person wants to apply for a position
that involves working with children or working with
vulnerable people they are required to reveal all convictions, both
spent and unspent.
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Why might a person be asked to apply for a
check?
A person may be asked to apply for an Enhanced
CRB
check if:
- They will be working with children or vulnerable adults;
- They will be working in an establishment that is wholly or
mainly for children;
- They will be working in healthcare; or
- They have applied to be a foster carer, adoptive parent or
childminder.
A CRB check may also be required for a range of other types of
job or licences. For a full list
of eligible posts click here.
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Can a Disclosure be used for other jobs?
If a person is asked to apply for a
CRB
check but already has one
for a previous role the organisation may be willing to accept
it. When making this decision the organisation will take into
account the length of time that has elapsed since that CRB check
was issued; the level of CRB check (Standard or Enhanced); the
nature of the position for which the CRB check was issued; the
nature of the new position and whether there is a statutory or
regulatory requirement for a new check.
Ultimately, it will be the organisation’s decision whether to
accept it or not, which should be based on a risk assessment of the
individual's risk to children or the vulnerable in that post.
This re-use is called ‘Portability’ - for
more information click here.
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If someone has lived overseas can they have a
check?
The
CRB
does not
generally have access to overseas criminal records. However, some
organisations have a legal responsibility to check if a person is
banned from working with children or vulnerable adults and can only
do this through the CRB .
We can also advise on how to obtain equivalent information from
the overseas authorities, for further
information click here.
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How
much is a
CRB
check?
The CRB charges an application fee, currently these are
- £26 for a Standard check and
- £36 for an Enhanced check
These are the fees paid to the CRB by the organisation that
submits the application but they may pass the fee onto the
applicant. However, where an Umbrella Body is used, i.e. where an
organisation other than your employer is processing the
application, there may be an additional charge for
their administrative fees.
Payment for a CRB check can be made by personal cheque or postal
order for those organisations that do not have payment on account
status. Some organisations may pay for the CRB check on behalf of
the applicant.
Volunteers will receive the CRB check free-of-charge.
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What is the Definition of a Volunteer?
The Police Act 1997 (Criminal Records) Regulations 2002 defines
a volunteer as:
"volunteer" means a person engaged in an activity which involves
spending time, unpaid (except for travel and other approved
out-of-pocket expenses), doing something which aims to benefit some
third party other than or in addition to a close relative.
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How is the level of required
CRB
check decided?
The organisation that has asked a person to apply for the CRB
check knows what the specific role entails and is, therefore, best
suited to decide the appropriate level of CRB check for the
position. The CRB is unable to offer any guidelines on this.
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Who
receives copies of the
CRB
Check?
When the application is processed, the CRB sends out a copy of
the CRB check, containing any information revealed during its
searches, to both the applicant and the person who countersigned
the form.
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For how long is a
CRB
check valid?
Each Disclosure will show the date on which it was
printed, CRB checks do not carry a pre-determined period
of validity because a conviction or other matter could be recorded
against the subject of the CRB check at any time after it is
issued.
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Further Information
If you would like more information about CRB or its service
click here to contact us or call us on
0870 90 90 811. (Telephone calls are charged
at national rate. Calls will be recorded for security and may be
monitored for training purposes.)
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