NEATH PORT TALBOTCOUNTY BOROUGH COUNCIL
CRB
DISCLOSURE
GUIDANCE
EDUCATION SERVICES
and SCHOOLS
FAO: CHAIRS OF GOVERNING BODIES
HEADTEACHERS
ELLLS MANAGERS
JUNE 2011
Aim
To ensure the Council fulfils its legal obligations and responsibility to safeguard children and vulnerable adults they deliver services to, in relation to Criminal Records Bureau (CRB) Disclosure checks.
1. Background
1.1 The Criminal Records Bureau (CRB), an Executive Agency of the Home Office, provides access to criminal record information through its Disclosure checking 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 work that involves children or vulnerable adults. The CRB was established under Part V of the Police Act 1997 and was launched in March 2002.
1.2 Checks are carried out at 2 levels, standard and enhanced.
Standard Disclosures show spent and unspent (current) convictions, cautions, reprimands and warnings held on the PoliceNational Computer. These disclosures are available to individuals seeking paid or voluntary work or training in an occupation, profession, office or employment which is exempt from the Rehabilitation of Offenders Act 1974.
Enhanced Disclosuresare requested for those occupations exempt from the Rehabilitation of Offenders Act 1974. They show spent and unspent (current) convictions, cautions, reprimands andwarnings held on the Police National Computer. The disclosure may also provide details of acquittals or other non-conviction information held on local police records which is strictly confidential, which the relevant Chief Police Officer thinks may be relevant to the job or voluntary position being sought.
In addition, a check of the relevant Independent Safeguarding Authority barred lists (Children’s or Vulnerable Adults’ barred lists) will be undertaken.
The employer has a legal duty NOT to employ any individual named on the barred lists.
Enhanced checks are available to individuals who are involved in paid or voluntary work, which includes regularly caring for, training, supervising or being in solecharge of children under 18 years of age.
2Eligibility
2.1 Organisations can only apply for a CRB check if the position is
included as an exception to the Rehabilitation of Offenders Act 1974. A list of these positions are categorised in the CRB’s ‘Disclosure Access Category Codes’ www.crb.gov.uk and includes a specific category for ‘any work which is defined as a regulated activity relating to children’.
2.2 All posts in ELLLS and schools (including volunteers) that comply with CRB eligibility and fall within the definition of a ‘Regulated Activity’ (see list below) are subject to an enhanced disclosure.
2.3 Regulated activity is defined as:
- Activity involving contact with children or vulnerable adults and is of a specified nature (e.g. teaching, training, care, supervision, advice, medical treatment or in certain circumstances, transport) which takes place on afrequent, intensive and/or overnight basis;
(the activity is ‘frequent’ when it takes place once a week or more and ‘intensive’ when it takes place on four or more days in a 30 day period)
- Activity involving contact with children or vulnerable adults in a specified place (e.g. schools, pupil referral units, childcare premises), frequently or intensively;
- Fostering and childcare;
- Certain specified positions of responsibility (e.g. school governor, director of children's services, director of social services, trustees of certain charities)
2.4 In accordance with the CRB eligibility criteria, enhanced CRB
checks should be requested for:
- all school staff with a new appointment to the Authority
- all school staff who change posts within the Authority
- relief teachers
- volunteers
- agency workers
- work experience providers
- consultants working with children in schools
- student placements, where relevant
- school governors
NB Existing employees (who have not changed posts) should not
be asked for a CRB check, at present. Any requests will therefore,
not be processed.
2.5 School Governors
(i) With immediate effect, newly appointed and reappointed
governors will be able to obtain an enhanced CRB check under the category ‘school governor’.
The authority strongly recommends that all new and reappointed
governors are subject to an enhanced CRB disclosure check, that
governing bodies support this strong recommendation and relay
to appointed governors the need to complete a CRB application
form as part of the agreed governing body policy.
The clerk to the governing body will:
- need to note in the minutes of the governing body that the
governing body has adopted the recommendation of the
authority
-have the responsibility of ensuring that governing bodies are
informed of this
-ensure that the relevant CRB application form is given to the governor on appointment
(ii) Clerks to the Governing Bodies and Headteachers are advised that
governors can only apply on appointment and reappointment.
Applications will not be processed for those already in position.
In a four year period, all governors will have obtained a disclosure
and will thereafter, need to reapply if reappointed.
2.6 Additionally, where a child comes to the school e.g. as an exchange student and stays with a host family, then the responsible person/s caring for the child will be subject to an enhanced disclosure check. Host families should also be given basic awareness of child protection issues by the school.
- Portability
For existing NPT employees (changing posts or obtaining multiple posts, Managers/Headteachers are authorised to use their discretion to approve portability of a previous CRB disclosure, but only when the previous CRB disclosure has been processed and obtained by Neath Port Talbot Council. In cases where discretion has been used, the verification procedure regarding CRB portability MUST have been followed prior to an employee commencing employment.
Click here to view Vetting Policy (go to page 5)
Relief teachers, employed through the Neath Port Talbot central process, must all be in possession of a valid CRB disclosure.
If the contract status should change eg a permanent/temporary appointment is being offered, it is the discretion of the Headteacher
whether portability is applied.
If portability is approved for a relief teacher, it is only in this
exceptional circumstances that a disclosure processed outside Neath
Port Talbot is acceptable.
4. Key responsibilities
4.1 The chair of the governing body, Headteacher or ELLLS manager MUST NOT employ any individual in paid or unpaid work before a CRB disclosure check has been received for new employees to the Authority. A conditional offer of employment may be made, and it must be made clear to the applicant that the appointment is subject to receipt of a satisfactory CRB disclosure and in the case where an unsatisfactory CRB Disclosure is received, the offer of employment may be withdrawn.
NB – It is an offence for an employer to knowingly employ a person included on the barred lists. The employer may be subject to criminal penalties.
4.2 If a disclosure certificate is received showing any offences or causes for concern the ‘ risk assessment process’ should be followed (refer to paragraph 5).
4.3 It is the responsibility of School Governors and Head Teachers to ensure that disclosure checks are carried out and that the scheme is fully complied with in relation to all staff employed directly by schools, including volunteers.
4.4 It is the responsibility of ELLLS managers to ensure that disclosure checks are carried out for all non-school based staff employed by the Education Service.
4.5 The HR Resourcing Team is responsible for administering the CRB process and providing advice and guidance.
5. Procedure
5.1New Appointments (new employees or existing employees changing posts) and Volunteers
(i) In line with CRB guidance on eligibility, anyone working within schools, whether paid or unpaid, will be subject to an enhanced CRB check.
(ii) The Headteacher/ ELLLS Manager should assess what positions require a CRB disclosure check.
(iii) The recruitment advertisement must clearly state that the post is subject to a disclosure check and the level required.
(iv) The person specification for all such posts will include a CRB disclosure as essential criteria.
(v) The individual must complete a disclosure form and provide the necessary evidence for verification by the recruiting Head teacher/Manager who should complete section W
and X of the CRB application form.
(vi) The CRB application form must then be sent to the HR Resourcing Team for countersigning. HR will then forward the application form to the CRB.
(vii) Disclosure certificates will be issued by the CRB to the relevant countersignatory in the HR Resourcing Team (and to the individual simultaneously) and will be stored securely. Certificates will be retained by the HR Resourcing Team for 6 months. The original will then be destroyed.
(viii) Access to the certificates is restricted to the countersignatories in the HR Resourcing Team only.
(ix) The relevant countersignatory in the HR Team will inform the recruiting Headteacher/Manager once a CRB Disclosure has been received.
(x) New employees to the Authority MUST NOT start work until a disclosure certificate has been received.
For existing employees ie those obtaining additional posts or transferring posts in the Authority, the verification procedure regarding CRB portability MUST have been followed prior to an employee commencing employment. Click here to view Vetting Policy (go to page 5)
If any offences are revealed, the ‘risk assessment’ process has been carried out as outlined in paragraph 5.
The start date must not be confirmed until the recruiting Headteacher/Manager is satisfied that the CRB Disclosure process has been fully completed and that the individual is suitable to commence duties.
(xi) Successful job applicants will be informed at the time that they are offered the post that confirmation is subject to receipt of a satisfactory disclosure.
5.2 School governors
(i) School Governors, either newly appointed or reappointed, should obtain an enhanced CRB check.
(ii) School Governors will be provided with a CRB Disclosure application form by the Headteacher / clerk to governors. Only original identification documents can be used to verify supporting evidence for the application. The Headteacher/nominated representative will carry out the identification checking process by completing section (w) and (x) of the form.
(iii) The CRB application form must then be sent to the HR Resourcing Team for countersigning. HR will then forward the form to the CRB.
(iv) Disclosure certificates will be issued by the CRB to the relevant
countersignatory in the HR Resourcing Team (and to the individual simultaneously) and will be stored securely. Certificates will be retained by the HR Resourcing Team for 6 months. The original will then be destroyed.
(v) Access to the certificates is restricted to the countersignatories in
the HR Resourcing Team only.
(vi) The Lead Countersignatory in the HR Team will inform the Chair
of Governors (or the Vice Chair if the disclosure relates to the Chair) once a CRB disclosure has been received.
If the disclosure shows offences i.e. ‘positive disclosure’ the ‘risk assessment’ process should be followed by the Chair (refer to paragraph 5). In the event of a positive disclosure the chair / vice chair should seek advice from Pupil Parent Support (01639 763598)
A ‘positive’ disclosure may result in the decision to restrict the scope of how the governor can undertake the role.
5.3 School Governors who are on two Governing Bodies will only require one CRB and will need to inform the clerk of governors which school will process the application. In the event of the governor leaving one school but maintaining the second, the clerk will be need to inform the second school of this and renewal of the CRB will then become the responsibility of that school.
5.4 Overseas Applicants
(i) When recruiting people from overseas, it is possible to apply for a
CRB check. However, the disclosure may not provide a complete picture of the person’s criminal record, which may or may not exist, as the CRB cannot currently access criminal records held overseas. In a small number of cases, overseas criminal records could be held on the Police National Computer and these would be revealed on the disclosure.
(ii) It is good recruitment practice, where possible, to obtain a
‘certificate of good conduct’ and any other references from potential overseas employees. Individuals from overseas will be able to obtain their own ‘certificate of good conduct’ or criminal record. The CRB provides an overseas information service.
You are advised to consult the CRB website which gives guidance
on how to access other countries’ information. http://www.crb.homeoffice.gov.uk/
5.5 Others
(i) All others working within a school setting including agency staff, college and university students undertaking training are subject to an Enhanced Disclosure. This disclosure must be provided by the relevant college/training agency. No teaching or non teaching students or agency staff should be allowed to work in schools unless head teachers receive written assurances from agencies involved that they are subject to an Enhanced Disclosure. It is the responsibility of the head teachers to check original CRB certificates before they are allowed to work unsupervised with pupils.
(ii) Pupils on work experience from secondary schools are not required
to have a CRB check.
(iii) Likewise, CRB checks are not required for staff/volunteers/visitors
attending a single event or for people in the school building when
the children are not present.
6. Guidance
6.1 Risk Assessment Process – Positive Disclosures
If any ‘positive’ CRB disclosures are received (i.e. containing details of convictions or highlighting cause for concern), the Lead Countersignatory/Countersignatory will make contact with the recruiting Headteacher/Manager, advising that a positive disclosure has been received. The details of the disclosure can be shared with the Headteacher/Manager who will undertake, if it is considered necessary. The Headteacher/Manager is then responsible for the decision whether the individual is suitable to commence work. It does notnecessarily mean that the individual cannot undertake work for the authority.
The Headteacher/Manager will meet with the individual and will decide whether the risk of employing the person can be taken based on such matters as:
- Whether the conviction or other matter revealed is relevant to the position in question.
- The seriousness of any offence or other matter revealed.
- The length of time since the offence or other matter occurred.
- Whether the applicant has a pattern of offending behaviour or other relevant matters.
- Whether the applicant’s circumstances have changed since the offending behaviour or other relevant matters.
- The circumstances surrounding the offence and the explanation(s) offered by the convicted person.
The risk assessment must be triangular in nature, involving the Headteacher / ELLLS manager, employee and any other external/internal sources to ensure that the facts are found and substantiated. Any queries/issues should be agreed and authorised by the relevant Head of Service. The completed risk assessment documentation should be forwarded to the Lead Countersignatory/Countersignatory under confidential cover, for storage and eventual destruction.
The ‘risk assessment’ process is covered in the corporate ‘Vetting Policy and Procedure’ Please click here to view Vetting Policy (go to page 8)
6. Duty to Inform
(i) All school and ELLL staff who receive a caution by the police or are found guilty in a Court of Law of committing a criminal offence after a standard or enhanced check has been carried out must inform the School and LEA immediately in writing of the nature of the caution/conviction that s/he has received.
(ii) All employees, regardless of where they work, also have a duty to inform the School and LEA again in writing of any cautions/convictions and/or any investigation that is being carried out by the police and/or Social Services regarding allegations made against them in respect of a child or vulnerable adult issue.
(iii) If an employee is later found to have not advised the School and LEA of any caution/conviction and/or that they are under investigation the School/LEA will take appropriate action and this may include disciplinary action.
7. Implementation
This procedural guidance is effective from Monday, October 18th 2010
This guidance is subject to annual review and will be amended to reflect any changes in legislation.
This guidance should be read alongside the corporate ‘Vetting Policy
and Procedure.’ Please click here to view Vetting Policy
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