|About the Law |
and the Criminal Records
|Standard disclosure (commonly referred to as a 'CRB check') |
The standard disclosure is primarily for positions involving regular contact with children or vulnerable adults, but can also be used for some other professions of high responsibility (for example, accountancy). Standard Disclosures reveal details of any convictions, cautions, reprimands and final warnings the applicant has received, regardless of length of time since the incidents; together with details of whether that person is banned from working with children or vulnerable adults (if these details have been requested). The CRB aims to issue Standard Disclosures within 10 days of receipt of the application.
As of 12 October 2009, the Standard Disclosure is checked only against the PNC. This is due to the rollout of the ISA Adults and ISA Children's lists, against which the Standard Disclosure cannot be checked.
Any Standard Disclosure applications being sent to CRB from the 12th October onwards with the relevant boxes on the application form selected are rejected by the CRB mailroom. The price of the Standard Disclosure was lowered from £31 to £26 to reflect these changes.
In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of children or vulnerable people. Examples include working as a teacher, or Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences.
The CRB was established under Part V of the Police Act 1997 and was launched in March 2002, following public concern about the safety of children, young people and vulnerable adults. It was found that the British police forces did not have adequate capability or resources to routinely process and fulfil the large number of criminal record checks requested in a timely fashion, so a dedicated agency was set up to administer this function.
One of the main reasons for the formation of the Criminal Records Bureau was to reduce the risk of organisations being sued for employing convicted criminals who went on to abuse vulnerable people while in the course of their duty.
An organisation which is entitled to ask exempted questions (under the Rehabilitation of Offenders Act 1974) must register with the CRB before they can request Disclosure data about an applicant. The individual applies to the CRB with their application countersigned by the organisation. The applicant's criminal record is then accessed from the Police National Computer (PNC), as well as checked, if appropriate, against lists of people considered unsuitable to work with children and vulnerable people maintained by the Independent Safeguarding Authority and others; these include the ISA Children's list, the ISA Adults' list and List 99. Copies of completed disclosures are sent to the applicant and the countersignatory organisation.
Employers and temporary staff agencies have bemoaned the time it takes for a worker to be cleared by the CRB and in an effort to cut waiting times the government allowed the establishment of "ISA Adult First". Registered bodies may check whether an applicant appears on the Protection of Vulnerable Adults(POVA) list through this online checking system, which takes around two working days to turn around. If the check is clean the body may provisionally employ the applicant, subject to an increased level in supervision, until the return by post of the full disclosure.
The process by which the CRB provides criminal record data is called "Disclosure". There are two levels of Disclosure: Standard and Enhanced. These checks cannot be obtained by members of the public directly but are only available to organisations and only for those professions, offices, employments, work and occupations listed in the Exceptions Order to the Rehabilitation of Offenders Act 1974.
A third form of disclosure, the "Basic Disclosure", is not currently available, but is intended for individuals to obtain copies of their own criminal record, though members of the public can currently do this by requesting 'subject access' under the Data Protection Act from any British police force, regardless of where the