CRB Presentation

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Criminal Records Bureau

• Danny Young
• RB Advice and Assurance Manager

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Presentation Topics

• General Background of CRB
• Future Developments Procedural Updates
• CRB Invoicing
• New Disclosure Application Form
• Electronic Application Form
• Registered Body Annual Fee
• Bichard Report Progress
• Questions

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Criminal Records Bureau

• Implementing part V of the Police Act 1997
• Service Commenced 11th March 2002
• Previously part of the Passport Office but now an
  independent agency of the Home Office
• Replaced old police checking system
• Criminal record checks in England and Wales
• Liverpool - Operations
• Public Private Partnership (PPP) - Capita
• Two levels of check, Standard and Enhanced
• Third level of check, Basic not yet implemented

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One-stop shop
Police National Computer
Department of Health
Department for Education and Skills
Local police forces
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Legislation

• Rehabilitation of Offenders Act 1974
• Enables ex-offenders to wipe the slate clean of
  their criminal record
• Offences become spent after specific periods of
  time (rehabilitation periods)
• Custodial sentences of more than two-and-a-half
  years never become spent
• Makes it illegal for an organisation to
  discriminate against an ex-offender on the
  grounds of a spent conviction

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Legislation

• ROA 1974, Exceptions Order 1975
• This order lists those occupations, professions
  positions considered to be exempt from the ROA.
  The category codes used in section Y of the
  Disclosure application form are based on this
  list
• Updated to include working with children and
  vulnerable adults
• It is a criminal offence to ask an exempted
  question for a post not included in the
  Exceptions Order

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ROA Exceptions Order
Working with children and vulnerable adults
Barristers
Nurses
Doctors
Accountants
Chemists
Taxi Drivers
Midwives
Social Workers
Probation Officers
Dentists
Opticians
Judicial Appointments
Traffic Wardens
Dental Hygienists
Gaming Licences
Veterinary Surgeons
Medical Practitioners
Prison Officers
Firearms Dealers
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POCA List

• Protection of Children Act List (POCA) and List
  99
• List of people who have been barred from working
  with children
• Request for inclusion submitted to the relevant
  department and assessed
• A person can be placed on the list if convicted
  of a Schedule 4 offence (depends on matters
  surrounding the conviction)
• It is illegal for a barred individual to
  knowingly apply for a position working with
  children
• A list check should not be requested if the
  position doesnt involve work with children

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POVA List

• Protection of Vulnerable Adults List (POVA)
• List of people barred from working with
  vulnerable adults
• May also contain more miscellaneous information
  (e.g. If a person has been dismissed from a care
  home for theft)
• Incorporated into the Disclosure process 26th
  July 2004
• AN ENHANCED DISCLOSURE WILL NOT NECESSARILY
  CONTAIN A POCA/POVA/LIST 99 CHECK

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PoVA and PoVAFirst

• Online application service for PoVAFirst
  introduced on 29th November 2004
• Email request route now discontinued
• Disclosure application form must be received at
  CRB prior to any PoVAFirst request being actioned
• Suggestions regarding a combined PoCA and PoVA
  check

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Standard Disclosure

• Eligibility
• working with children or regular contact with
  vulnerable adults
• other professions, offices, employments, work and
  occupations as listed in the Exceptions Order to
  the ROA

• Content
• spent and unspent convictions, cautions,
  reprimands and warnings held on PNC
• information held by the DH and DfES

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Enhanced Disclosure

• Eligibility
• regularly caring for, supervising, training or
  being in sole charge of children or vulnerable
  adults
• judicial appointments and certain statutory
  licensing purposes

• Content
• spent and unspent convictions, cautions,
  reprimands and warnings held on PNC
• information held by the DH and DfES
• may also include relevant non-conviction
  information held by local police forces

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Local Police Force Information
Two types of LPF information

• Approved Information
• Printed on both the RB and applicants copies of
  the Disclosure
• Can be freely discussed between parties

• Non-Approved Information
• Not printed on either copy of the Disclosure
• Small indicator on the top right hand corner of
  the RB copy
• Arrives separately in sealed envelope
• Information which the Chief Constable decides is
  relevant to the position applied for
• Should never be disclosed to, or discussed with
  applicant (CoP)
• Currently only 0.04 of EDs have contained NA
  Information

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Portability Procedure

• Take into account the similarity of the posts -
  previous and prospective
• You must ensure that the list checks pertaining
  to the future client group have been completed
• For example - A person who has been working
  previously with vulnerable adults, would not be
  legally cleared to be working with children as a
  POCA check will not have been completed

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Portability Procedure

• You must then gain the applicants consent
• Contact CRB by
• email on Portability_at_crb.gsi.gov.uk or
• Fax us on 0151 676 1730 requesting to use
  the service
• You can also contact the previous Registered Body
• The primary reason for the process is to confirm
  the non existence of Additional Local Police
  Force Information
• Neither the previous RB or CRB can disclose
  information, only confirm
• If Additional Information is present, a new
  Disclosure must be sought

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Portability Update

• 1000 requests received in 2003
• 6000 now being received every month
• Concern over risk assessments taken by RBs
  regarding use
• Paper has been prepared for ministerial
  consideration to either
• Discontinue the process
• Make the process fall under legislation and incur
  a charge

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Disputes Procedure

• Incorrect information appears on a Disclosure
• Data Input Error
• Incorrect Conviction Data
• Identity Error - Conviction appear that do not
  belong to the applicant

• Both Signatories and Applicants can raise a
  Dispute
• Disputes Line - 0870 90 90 778
• CRB will investigate the Dispute and inform
  both Applicant and ...-Counter Signatory of the
  outcome
• If a CRB error is identified, an amended, free
  of charge ...-...-..Disclosure will be issued
• If an Applicant error is identified, a new
  application must be ..submitted

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CRB Invoicing

• m

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New Disclosure Application Form

• The prototype of the revised Disclosure
  application form has now been finalised
• It will be provided to a sample of RBs prior to
  implementation
• To be piloted later this year
• New form to possibly address issues such as
• One section to cover current and previous address
  history
• Redesigning of Section X
• Signature box for evidence checker
• Deletion of Sections E F

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Electronic Application Route

• Overview
• Provide registered organisations with a method of
  submitting and tracking Disclosure applications
  online
• Reduce errors
• Improve communications relating to application
  queries
• Current Status
• De-prioritised due to the Bichard Enquiry
• Cost is being estimated by Capita
• Availability of funding is being addressed

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Possible Introduction of an Annual Fee?

• Currently 13,173 organisations registered
• 41, 406 Countersignatories
• Difficult to manage
• Variety of different working practices
• Lack of understanding due to irregular use
• 22 of RBs provide CRB with 88 of applications
• Only 29, 000 signatories sign forms
• 1, 400 RBs have submitted zero applications
• 2, 000 RBs submit between 1-10 apps per year

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Possible Introduction of an Annual Fee?

• What are the options?
• Introduce an Annual Fee
• This would naturally cull the number of
  Registered Bodies
• Help to fund projects like Assurance and
  Signatory Training
• De-register organisations to a more manageable
  number
• RBs will be unhappy due to the initial fee paid
• Amendments to legislation to allow this
• A combination of the above

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Registered Body Management Project

• Assurance
• Ensure RBs comply with CRB Code of Practice
• Investigate referrals and escalated complaints
• Umbrella Body Network
• Visit every UB to gain a greater insight into how
  they operate
• Enable smaller RBs to de-register and use UBs
• Provide greater support to UBs
• SABRE
• Training package to reduce application form
  return rates
• Currently 7,000 forms returned each week due to
  errors

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Bichard Report Update

• Recommendation 19
• New arrangements should be introduced requiring
  those who work with children or vulnerable adults
  to be registered. This register perhaps supported
  by a card or license would confirm that there
  is no reason why an individual should not work
  with these client groups
• Recommendation the development of existing PoCA
  list and List 99
• Introduce a more coherent barring list
• DfES to control and make the decision concerning
  relevancy

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Bichard Report Update

• PLX (Police Liaison Exchange)
• Nominal database that will bring together LPF
  information
• Police are fully committed to the project
• Main benefit is 5 year address history will no
  longer be required
• Interim PLX in place by March 2005
• Full PLX operational by March 2007

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Correspondence to RBs

• Any requests for further information were
  previously sent direct to applicants
• RBs not aware of issues surrounding delays
• Applicants did not always respond
• Backlogs of un-progressable applications
• Requests for further information from April 2005
  to be communicated through RBs
• Welcomed by RBs used in sample even though they
  have seen an increase in admin work

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Service Standards Annualised Performance for
2004

• Disclosure turnaround times
• Enhanced Disclosure
• 90 within 4 weeks - Achieved
• Standard Disclosure
• 90 within 2 weeks - Achieved
• Call Centre
• Telephone calls answered
• 90 within 20 seconds 83.1

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