From 1 September, organisations will have to follow the new identity guidelines when submitting CRB check applications.
On 28 May 2012, the CRB introduced new identity checking guidelines designed to make it more difficult for individuals to conceal previous criminal records by changing their identity.
These new guidelines have been running in parallel with the existing guidelines since 28 May to give organisations time to comply with the new guidelines and to introduce them into their identity verification procedures.
From 1 September, organisations will have to follow the new guidelines.
The set of scenarios developed to help organisations comply with the new guidelines has been expanded and now contains clear flow charts and more scenarios for each of the three routes as well as examples for checking non-UK applicants.
From 10 September, the Protection of Freedoms Act introduces a number of changes that will affect the CRB checking service
These changes include:
- a new definition of regulated activity
- the introduction of a new minimum age for CRB applicants
- a new right for applicants to ask for a review of information released by the police
Full details of these changes can be found in the CRB and the Protection of Freedoms Act 2012 section on the CEB website.
ISA Independent Safeguarding Authority
Some of the changes coming into effect on 10 September will also affect the work of the Independent Safeguarding Authority (ISA).
Disclosure and barring
As part of the coalition agreement, the government committed to reviewing and reforming the vetting and barring scheme and criminal records regime, scaling them back to common sense levels.
This will ensure there is a continued service to help safeguard vulnerable groups including children from those people who work or volunteer with them who pose a risk of harm, while operating in a way that reduces the burden on employers and
Key changes to disclosure and barring
The key changes to the disclosure and barring scheme include:
- abolishing registration and monitoring requirements
- redefining the scope of ‘regulated activities’ - those are the activities involving close work with vulnerable groups, including children, which a barred person must not do
- abolishing ‘controlled activities’
But a barring function will be maintained.
The provisions also mean that the services of the Criminal Records Bureau and Independent Safeguarding Authority will be merged and a single, new non-departmental public body created.
The new organisation will be called the Disclosure and Barring Service (DBS). The planned operational date for the DBS is December 2012.
So, at a glance…
Major Changes in September 2012
- New definition of regulated activity.
- Repeal of controlled activity.
- Repeal of registration and continuous monitoring.
- Repeal of additional information.
- Minimum age (16) at which someone can apply for a CRB check.
- More rigorous ‘relevancy’ test for when police release information held locally on an enhanced CRB check.
Not Changing:
- You must make appropriate referrals to the ISA
- You must not engage in regulated activity someone whom you know has been barred by the ISA.
- Everybody within the pre-September definition of regulated activity will remain eligible for enhanced CRB checked, whether or not they fall within the post-September definition of regulated activity.
We have asked ISA to undertake some workshops for us this autumn/winter and we are just awaiting some dates.
The following documents may be downloaded for further information:
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