Guidance for Disclosure applicants
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What is a Disclosure? A Disclosure is a document containing information held by the police and government departments. It can be used by employers and voluntary organisations to make safer recruitment decisions. Disclosures are provided by the Criminal Records Bureau (CRB), an executive agency of the Home Office. The Disclosure service offers organisations a means to check the background of job applicants to ensure that they do not have a history that would make them unsuitable for the post they are trying to fill. Disclosures will provide details of a person's criminal record including convictions, cautions, reprimands and warnings held on the Police National Computer (PNC). If the position involves working with children, Disclosures will also contain details from lists held by the Department of Health (DH) and the Department of Education and Skills (DfES) of those considered unsuitable for this type of work. Depending on the level of Disclosure, it might also contain information held by local police forces. There are three levels of Disclosure: Enhanced, Standard and Basic. Enhanced disclosures These are for posts involving a far greater degree of contact with children or vulnerable adults. In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a teacher, scout or guide leader. Enhanced Disclosures are also issued for certain statutory purposes such as gaming and lottery licences. This level of Disclosure involves an additional level of check to those carried out for the Standard Disclosure. An Enhanced Disclosure includes a check on local police records. Where local police records contain additional information that might be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced Disclosure. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations), additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant. Standard Disclosures These are primarily for posts that involve working with children or vulnerable adults. Standard Disclosures may also be issued for people entering certain professions, such as members of the legal and accountancy professions. The Standard Disclosure contains details of all convictions held on the Police National Computer including current and 'spent' convictions as well as details of any cautions, reprimands or final warnings. If a position involves working with children, the Disclosure will indicate whether information is held on government department lists, held by the DfES and the DH, of those who are banned from working with children. The Disclosure also includes information held by the DH of those considered unsuitable to work with vulnerable adults. Basic Disclosures These are available for all types of employment and voluntary positions not covered by the higher-level Disclosures. This level of Disclosure contains details of convictions considered 'unspent' under the Rehabilitation of Offenders Act (ROA) 1974 and held on the Police National Computer. The Basic Disclosure is applied for by, and issued only to, the individual concerned. It is then the individual's choice whether they show the Disclosure to an employer. It is not job-specific and may be used more than once. Why have I been asked to apply for a Disclosure? You may have been asked for a Standard or an Enhanced Disclosure because you will be working with children or vulnerable adults; or will be working in an establishment that is wholly or mainly for children; or will be working in healthcare; or have applied to be a foster carer, adoptive parent or childminder. There are also a number of other specified positions and professions for which a Disclosure can be required. To find out more please contact the CRB information line on 0870 90 90 811. Can I refuse to apply for a Disclosure? There is no general obligation to apply for a criminal record check. But other rules may make it compulsory to check lists held by the DH or DfES of those who are banned from working with children. In either event, an employer may choose to withdraw the offer of a position if a candidate declines to apply for a Disclosure. You may wish to take advice from your employer, trade union or another qualified person in these circumstances. What if I already have a Disclosure? If you already have a Disclosure and would like to make use of it for a second position, you can ask if the organisation is willing to accept it. When making this decision they will take into account the length of time that has elapsed since that Disclosure was issued; the level of Disclosure; the nature of the position for which the Disclosure was issued; and the nature of the position for which you are now applying. What if I have lived overseas? If you've lived overseas for a substantial period of time, it may not be worth applying for a Disclosure, as the CRB does not generally have access to overseas criminal records. We can, however, advise you on how to obtain equivalent information from the overseas authorities, where available. You may wish to discuss this with your prospective employer. However, some organisations have a duty to check a prospective employee against one or both of the lists held by the DH (those individuals considered unsuitable to work with children) and the DfES (those considered unsuitable to work in the teaching profession). Therefore, if you are a foreign national (with either limited or no prior period of residence in the UK) and your prospective employer has a duty to check the lists, you will be required to apply for either a Standard or Enhanced Disclosure. Applying for these higher level Disclosures is the only way to check individuals against the lists held by the DH and the DfES. If, as a foreign national, you have also lived in the UK for a substantial period of time, a Disclosure may be required, in addition to any overseas information your prospective employer deems necessary. How much will a Disclosure Cost? Each level of Disclosure will cost £29.00 per application (this cost is met in full by Rutland ICT). Payment for Disclosure can be made by credit/debit card, by personal cheque, or postal order. Some organisations may pay for the Disclosure on your behalf. Please check with the person who has asked you to apply for the Disclosure if this is the case. The CRB will issue Standard and Enhanced Disclosure free of charge for volunteers. How will I know which level of Disclosure is required? The organisation that has asked you to apply will decide the appropriate level of Disclosure for the position. How do I apply for a Disclosure? There are two ways of applying for a Disclosure. You will be asked either to:
In both instances, you will be asked to provide information that relates to you personally. This will help the CRB to confirm your identity. When telephoning the application line, you will be asked to provide the 11 digit Registered Body number.
What information do I need to give? You will be asked to provide:
This is not a complete list, as the questions asked will depend upon the answers you provide. The information requested is to ensure that you have given your true identity and current address. The CRB is committed to compliance with the Data Protection Act. This means that any personal information that you submit to us will be protected. For full details, please telephone the CRB information line on 0870 90 90 811 and request a copy of our data protection leaflet. Who will receive my disclosure? You will receive your Disclosure in the post. A copy of the Disclosure will also be sent to Rutland ICT - to the person who countersigned the Disclosure application form. This person will have been registered with the CRB, and as such, has agreed to comply with the Code of Practice. When will I receive my Disclosure? The CRB aims to process 95%of Standard Disclosure applications within one week and 90% of Enhanced Disclosure applications within three weeks of the CRB receiving the completed application form, together with any additional information requested. How do I know that the information contained on my Disclosure will be kept confidential? Organisations using the Disclosure service must comply with the CRB Code of Practice, which is there to make sure the whole process works fairly. Under the provisions of the Code, sensitive personal information must be handled and stored appropriately and must be kept for only as long as it is necessary, The Code of Practice is published on the Disclosure website, or you can request a copy from the person who asked you to apply for the Disclosure. What if I have a criminal record that may not be relevant for the position for which I am applying? Safeguards and guidelines have been introduced to ensure that conviction information is not misused and that ex-offenders are not treated unfairly. Ex- offenders will retain the protection afforded by the Rehabilitation of Offenders Act 1974. The Code of Practice for Registered persons and other recipients of Disclosure information will govern Registered Bodies' conduct and prevent abuse of the system. The CRB is working with a number of organisations, such as the Chartered Institute of Personnel and Development (CIPD) and the National Association for the Care and Resettlement of Offenders (Nacro) who have produced guidance information for employers on this matter. Information can be obtained from the Disclosure website. Can I challenge the information on my Disclosure if it is incorrect? Yes. If you think the information contained on your Disclosure is incorrect please contact the Disclosure dispute line on 0870 90 90 778 immediately and ask about the dispute procedures. For how long will the Disclosures be valid? Each Disclosure will show the date on which it was printed, therefore, the older the Disclosure the less reliable it is. However, there will be no expiry date. Further information If you would like more information about the Disclosure service or the CRB please contact: Disclosure application line 0870 90 90 844 CRB information line 0870 90 90 811 CRB website www.crb.gov.uk Disclosure website www.disclosure.gov.uk (Telephone calls are charged at national rate. Calls will be recorded for security and may be monitored for training purposes) |