Loosening the employee checking procedures

25 October 2010

Portable CRB checks?
Earlier this week, the Home Office stated its intention to make it easier for employers to share Criminal Records Bureau ("CRB") checks in order to reduce the need for multiple checks on potential employees. The current procedure (the CRBs Code of Practice) provides that information revealed through a CRB check can only be passed to individuals who need to see it as part of the recruitment decision for which the CRB check was requested.

If an employer asks an individual to be CRB checked and they state that they already have a CRB check, the employer can:

• ask the individual to show their copy of the CRB check;
• contact the counter-signatory named on the front of the CRB check and confirm that the reference number and identity details match;
• ask if the counter-signatory received any additional information, the counter-signatory can only confirm the existence of such information; but not its content;
• if there is no additional information, carry out a formal risk assessment to decide whether to accept the CRB check.

Persons guilty of CRB related offences are liable to de-registration, imprisonment or a fine unless a relevant exception applies as outlined in CRB Guidance.

This information sharing system has been criticised as being convoluted and too complicated and has led to many employers obtaining multiple checks on individuals. In order to answer these criticisms, the Government aims to introduce legislation in the forthcoming Freedom Bill once detailed proposals have been modelled, developed and tested.

VBS reform expected
In a related announcement, the Vetting and Barring Scheme ("VBS") is to be reviewed so that the scheme is the most appropriate mechanism to protect children and vulnerable people and how many roles it should apply to. Earlier this year, we commented on the VBS in an insight (click here to view).

A Home Office Minister stated:

"We have to strike the right balance in safeguarding vulnerable people. The risk of abuse can come from people close to victims not just from paid staff and volunteers. No one can subcontract responsibility for protecting at risk people, we all have a part to play. This review will help strike that balance and to consider afresh whether the scheme is the best way of moving forward .... At the moment the pendulum has swung too far and threatens to drive a wedge between children and well-meaning adults. Such individuals should be welcomed and encouraged as much as possible, unless it can be shown that children would not be safe in their care."

The terms of reference for the review will consider:

• evaluating the scope of the schemes coverage;
• the most appropriate function, role and structures of any relevant safeguarding bodies and appropriate governance arrangements; and
• recommending what, if any, scheme is needed now; taking into account how to raise awareness and understanding of risk and responsibility for safeguarding.

We will keep you informed of further developments.