Information Sheet Summary A Criminal Records 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. If you are new to this subject, we suggest that you read our Information Sheet “An introduction to Criminal Record Bureau Checks”. This Information Sheet covers the following specific questions: - When you can or should request a CRB check
- Who is legally defined as a “vulnerable person”?
- Which volunteers (or volunteer roles) can be checked?
- The Rehabilitation of Offenders Act
- Future developments - the Independent Safeguarding Authority
Readers may also be interested to read our other information sheets about CRB checks and related matters, which are listed at the end of this webpage. |
Is your organisation allowed to get CRB checks for your volunteers and do you need to?
Not all organisations will need to get a CRB check for their volunteers. It depends entirely on two factors:
1. Will the volunteer be working with clients or service users who are legally defined as “vulnerable”?
2. What is the nature of this contact and will it be a regular part of the volunteer’s role?
The legal obligations around CRB checks will change in October 2009 when the Independent Safeguarding Authority is expected to begin operating. This Information Sheet explains the current situation in detail. For simplicity, we have briefly explained the future situation and suggested sources of further information at the end of this document.
The current situation
Firstly, organisations which fall under the remit of the Care Standards Act or are ‘Childcare organisations’ under the definition in the Protection of Children Act are legally obliged to get CRB checks for certain staff or volunteers.
Secondly, organisations which aren’t covered by these Acts can still choose to use CRB checks as part of meeting their legal ‘duty of care’ towards the people they work with. This ‘duty of care’ requires that you do everything ‘reasonable’ within your power to protect others from harm. If your organisation has volunteers who work with vulnerable people, it could be argued that part of your duty of care involves checking whether they have any relevant criminal convictions.
Organisations need to look carefully at their legal responsibilities, and at their client group and volunteer roles to decide whether a CRB check is necessary. A risk assessment should be done to decide whether clients are at risk if a volunteer does not undergo a CRB check. In some situations, organisations may decide that even if their client group is vulnerable, the risks are significantly reduced because of other working or safeguarding practices. (For further information on this topic, please read Volunteering England’s Information Sheet on “Screening Volunteers”.)
The legal definition of a “vulnerable person”
There are currently two categories of ‘vulnerable person’:
- children and young people under age 18 and
- adults aged over 18 who fit the definition provided in the Police Act.
A vulnerable adult is described in the Police Act as a person
“aged 18 or over who has a condition of the following type:
i) a learning or physical disability;
ii) a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or
iii) a reduction in physical or mental capacity.”
Which volunteer roles need a CRB check?
Organisations are only allowed to request a CRB check for a volunteer who comes into regular contact with vulnerable clients (as defined above).
- The contact must be regular or part of the volunteer’s “normal duties”.
- Very occasional or one-off contact between a volunteer and your vulnerable clients is not likely to justify a CRB check.
One example of a role that can be checked is where a volunteer will be caring for, supervising, training or in sole charge of people aged under 18. For volunteers working with vulnerable adults, the threshold is whether the individual is providing ‘care services’ to them. ‘Care services’ does include social care, but again this does not mean that occasional contact with a vulnerable person justifies carrying out a CRB check.
The legal definition provided in the Police Act means that groups such as homeless people, older people or asylum seekers do not automatically fit the legal definition of a ‘vulnerable adult’. It also means that contact with the general public does not automatically require a CRB check.
The Rehabilitation of Offenders Act (The ROA)
This Act was introduced in 1974 to ensure that ex-offenders who have not re-offended for a period of time since the date of their conviction are not discriminated against when applying for work, (whether paid or unpaid). If an individual does not commit an offence during the rehabilitation period, they may afterwards be regarded as a ‘rehabilitated person’ and the conviction will be ‘spent’. When a conviction is spent, an individual doesn’t usually have to declare it when applying to work or volunteer.
However, work with vulnerable adults or young people is seen as an exception to this rule, and this kind of work is listed in The Exceptions Order to the Rehabilitation of Offenders Act. This is what gives an organisation the right to request a CRB check and therefore see an individual’s full criminal record including any spent convictions.
If you are unsure whether a particular volunteer role is eligible for a CRB check, you should check the list of ‘disclosure access category codes’ on the CRB 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 spent and unspent convictions, please refer to the publication “Involving Ex-Offenders in Volunteering”, listed in the ‘Further information’ section of this Information Sheet.
Future developments
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 following the Soham murders in 2002 to review how CRB checks are carried out.
This scheme will apply to all types of organisation. The legal requirement to check someone’s background will be solely based on the type of contact which they will have with children or vulnerable adults, and not partly based on whether the organisation is under statutory obligations to do so.
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.
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 scheme from the point of view of volunteer-involving organisations.
Further information
Criminal Records Bureau
Website: http://www.crb.gov.uk
Information line: 0870 90 90 811
"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
In particular, read chapter 3 on “safety and security”
A readable guide to legal issues for volunteer managers.
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
“An Introduction to Criminal Records Bureau Checks”
“Screening Volunteers”
“Recruiting Ex-Offenders”
“Independent Safeguarding Authority Briefing”
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
