Information Sheet Summary The Criminal Records Bureau was set up as a ‘one stop shop’ for criminal record checks. A Criminal Record Bureau (CRB) check will tell your organisation whether a volunteer or staff member has a criminal record. It is one way of reducing the risk of recruiting volunteers who may be unsuitable to work with children or other vulnerable people. But remember that it is not foolproof because it only provides information on people with an existing record. This Information Sheet covers: - What is a Criminal Record Bureau check?
- Applying for a CRB check
- Registered bodies and Umbrella bodies
- Explaining CRB checks to your volunteers
- Considerations when using CRB checks
- The CRB Code of Practice
- Portability (or transferring and re-using CRB checks)
- Getting CRB checks for people from overseas
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What is a Criminal Record Bureau check?
A Criminal Record Bureau (CRB) check is a process for gathering information about someone’s criminal convictions and other cautions, reprimands and final warnings given by the Police. The results of a CRB check are printed on a document officially known as a ‘Disclosure’ and copies are posted to the individual and to the organisation which they have applied to volunteer for.
Two levels of CRB check were introduced, to recognise that organisations need to have access to different levels of information, depending on the activities that their staff and/ or volunteers will be carrying out.
Enhanced CRB checks
These are for posts involving substantial contact with children or vulnerable adults, where the volunteer is regularly training, supervising or being in sole charge of individuals or groups. Enhanced CRB checks are free for volunteers and cost £36 for staff.
The Enhanced CRB check contains details of all convictions current or spent as well as details of cautions, reprimands or warnings. It also details inclusion on the Protection of Vulnerable Children Act and Protection of Vulnerable Adult lists. In addition, they include any other ‘relevant’ information held by the police, including so-called ‘soft’ information.
Standard Disclosures
These are for posts involving regular contact with vulnerable people. Standard CRB checks are free for volunteers and cost £31 for staff. The Standard check collates the same information as the Enhanced one but without the addition of extra ‘soft’ information held by the police.
Applying for a CRB check
Individuals
Individuals must apply through the organisation which they wish to work or volunteer for. Applicants should complete a form with personal details and list their addresses for the past five years. Applicants also have to present certain forms of proof of identity in order for the check to be processed correctly and avoid mistaken identity.
Organisations
The application must be countersigned by a representative of the organisation, who is known as a countersignatory. This person will be responsible for checking the applicant’s identity documents and making sure that the form has been completed correctly.
When to apply for a CRB check
Criminal Record Bureau checks should only be requested in specific circumstances, such as when a volunteer’s role will involve regular contact with vulnerable clients.
The countersignatory is responsible for making sure that an application is actually justified and requested for the right reason. This is done by selecting the correct ‘disclosure access category’, which are listed on the CRB’s website. If an application for a CRB check is not justified, you could be breaking the CRB’s Code of Practice or breaking the law. For more information about deciding which volunteer roles to check, please read Volunteering England’s Information Sheet “When To Get A CRB Check”.
The Criminal Records Bureau website also has detailed guidance for applicants and organisations about completing the application form.
Two methods for organisations to access CRB checks
There are two ways for organisations to apply for CRB checks. An organisation can become a registered body with the CRB or it can apply through an ‘umbrella body’.
Becoming a ‘registered body’
To register, an organisation will need to:
• pay a £300 fee
• meet the threshold of submitting at least 100 applications per year
• nominate a lead signatory who will have overall responsibility for checks and counter-signatories
Using an ‘umbrella body’
If organisations cannot meet the above criteria to register, then it is also possible to get disclosures via an ‘umbrella body’. Where appropriate, an umbrella body can register and sign on behalf of other organisations, or register them as counter-signatories. There is a database of umbrella bodies on the CRB website which you can search to find an umbrella body in your region or which specialises in working in sectors relevant to your work. There is a link to the database on the homepage of the CRB website.
Administration charges
Due to extra administration, umbrella bodies have to charge organisations for checks. Charges vary, so we recommend comparing prices. Some voluntary sector organisations offer to process checks at a low cost, while some private companies act as umbrella bodies while hoping to operate at a profit.
If your organisation is relatively small or does not require many CRB checks each year, you probably can’t avoid paying an administration charge. But, as explained above, remember that there is no charge for the actual CRB check for a volunteer.
Explaining CRB checks to your volunteers
Potential volunteers should be informed at an early stage if they will have to be CRB checked. Ideally it should be explained in the recruitment materials or role description. When their volunteer application is processed, you should explain the reasons for the CRB check and reassure them that such checks are a standard procedure when working regularly with vulnerable people. You should also give reassurance that all information will be treated with the strictest confidence and provide information on how the process will work.
You should also make it clear that having a conviction does not mean that a person is automatically unsuitable. The majority of convictions would not have any bearing on someone’s suitability for volunteering. However, ex-offenders often face discrimination and might be wary about discussing their convictions with you. Anything you can do to reassure them that your organisation is fair will encourage them to be open. According to crime prevention charity Nacro, one in three adult men has a criminal conviction. If your organisation discriminates against ex-offenders, you could be losing out on a valuable source of potential volunteers.
For more information, the following resources should be helpful:
- Volunteering England’s Information Sheet “Recruiting Ex-Offenders”
- A free publication by Nacro and Volunteering England called “Involving Ex-Offenders in Volunteering”.
Considerations when using CRB checks
The Code of Practice
Organisations must comply with the CRB’s Code of Practice in the following ways:
- have a policy on the recruitment of ex-offenders
- show that its confidentiality policy is clear about who will need to know sensitive information
- have clear guidelines on how information from CRB checks will be stored, and when it will be destroyed..
This is to ensure that all individuals are protected from unfair discrimination on the basis of past convictions which are not directly relevant to their volunteering. For further information and a sample statement on the recruitment of ex-offenders, please read the guidance on the CRB’s website. A sample statement can also be found on the final page of “Involving Ex-Offenders in Volunteering”, a free publication by Nacro and Volunteering England.
Confidentiality and Data Protection
The CRB is concerned that organisations should deal with disclosures in a safe and confidential manner. This is very important because it is a criminal offence to pass on someone’s conviction details without their prior permission. There are also two pieces of legislation that a volunteer could potentially cite to sue an organisation breaching confidentiality over conviction details. Article 8 of the new Human Rights Act states the right to respect for private and family life. This will mean that individuals who feel that their privacy has been infringed can take a case forward under Article 8. The Data Protection Act also lays out clear guidelines for how personal information should be stored and dealt with.
The CRB’s Code of Practice requires that organisations have clear confidentiality policies outlining how information will be stored and whom it will be shared with. Individuals should be made aware of this policy right from the beginning so that they feel able to discuss any convictions without fear of the information being passed on.
Transferring or re-using CRB checks (portability)
The CRB refers to this as ‘portability’. It describes the re-use of a CRB Disclosure, obtained for a particular role in one organisation and later used for another position in another organisation. In November 2006, the CRB published new guidance on its website explaining when an organisation might consider portability and how to weigh up the risks. It can be found at: www.crb.gov.uk/portability.
Important considerations for umbrella bodies and their members
The umbrella body has ultimate responsibility for checking that members are abiding by the CRB’s Code of Practice and are dealing with disclosure information strictly within the bounds of their confidentiality policy. Passing on information unless it is strictly necessary could be a criminal offence, and therefore organisations will need to think carefully about their relationship with the other organisations and the extra work involved before taking on the umbrella role. The CRB website has some guidance to help organisations with deciding whether to become an umbrella body.
Getting CRB checks for people from overseas
Many organisations have found it difficult to get background checks for people coming from overseas to volunteer. The CRB website has recently launched a new section with information on how to get criminal record information from 22 overseas countries. However, if the person who wants to volunteer doesn’t come from one of the countries listed, you will need to get in touch with the Embassy or High Commission of the country concerned for information on how to proceed. Further information can be found on the CRB website.
It may also be difficult to arrange CRB checks for refugees and asylum seekers resident in the UK, as they often lack the correct combination of identity documents to present with their completed CRB check form. One refugee volunteering project in northern England has developed a pro-forma letter which enables asylum seekers to have CRB checks done, although they need to go to their local Police station to have their fingerprints taken. The letter is available to use from: http://www.vas.org.uk/refugee_asylum_project.htm.
Using CRB checks in a wider context of other recruitment methods
Remember that your organisation should not assume that checking a volunteer’s criminal record is enough.
It is vital to use other screening procedures during recruitment to assess the suitability of a new volunteer, such as application forms and informal interviews. You can also use training, supervision and buddying schemes to monitor and lower the risks on an ongoing basis. As well as this, there should be a procedure for anyone to raise concerns about an individual at any time. For further information, please read Volunteering England’s Information Sheet called “Screening Volunteers” (pending publication).
The Future
The Independent Safeguarding Authority
A new Independent Safeguarding Authority (ISA) has been launched and will take responsibility for vetting and barring from October 2009. Its introduction follows the Bichard Enquiry which was set up to review how CRB checks are carried out following the Soham murders in 2002.
CRB checks will still exist but the new ISA scheme for vetting and barring will aim to help organisations increase protection of children and vulnerable adults, by improving the current provisions for screening potential (and current) volunteers and employees. It plans to do this through a registration system, stopping people who the scheme decides are unsuitable from volunteering (or trying to volunteer) with children and vulnerable adults.
An independent barring board (which will be known as the Independent Safeguarding Authority) will take responsibility for making barring decisions. The application processes for vetting and barring decisions will be run by the Criminal Records Bureau (CRB).
For further information, please visit the ISA’s website at
http://www.isa-gov.org.uk or the ‘Every Child Matters’ website at http://www.everychildmatters.gov.uk/vettingandbarring/
Volunteering England has also written an Information Briefing which describes the new ISA scheme from the point of view of volunteer-involving organisations.
Further information
Criminal Records Bureau
Information Line: 0870 90 90 811
http://www.crb.gov.uk
"Criminal Records Bureau Checks: guidance for volunteering"
The Office of the Third Sector has published this guidance to help organisations that use volunteers to be clear about when they do and don’t need to carry out CRB checks on volunteers.
Available to download or order from the Office of the Third Sector website
“Involving Ex-offenders in Volunteering”
A free good practice guide co-published by Volunteering England and Nacro, with funding from the Volunteering Hub.
Available as a free download.
“Volunteers and the Law”. A readable guide to legal issues for volunteer managers. In particular, chapter 3 on “safety and security”.
This publication is free to download, thanks to funding from the Cabinet Office.
http://www.volunteering.org.uk/law
Volunteering England Information Sheets and Briefings
“When To Get A CRB Check”
“Screening Volunteers”
“Recruiting Ex-Offenders”
“Independent Safeguarding Authority Briefing”
Relevant legislation and guidance
A summary of legal acts such as The Protection of Children Act and the Care Standards Act is available in a publication called “Volunteers and the Law” published by Volunteering England.
There is also a range of government guidance for specific sectors such as schools or care providers. Links to some of this guidance can be found in Volunteering England’s online Good Practice Bank. Please visit the “core theme” called “Protection of Vulnerable Clients”.
Last reviewed: June 2008
We have made every effort to ensure that this Information Sheet was correct at the time of publication. It is intended as a summary of relevant issues and suggests further sources of information. Legal advice should be sought where appropriate.
For more information on managing volunteers, please visit
The Good Practice Bank at www.volunteering.org.uk/goodpractice
Or please contact Volunteering England Information Service
Email: Information@volunteeringengland.org
Freephone Information Line: 0800 028 3304 (M-F 10.30-12.30 & 14.00-16.00)
Volunteering England
Regent’s Wharf
8 All Saints Street
London N1 9RL
