This message is to alert all managers who have responsibility for recruiting and managing staff in posts which currently require an enhanced CRB disclosure of some significant changes being introduced shortly.
From 31 August 2012, there will be new identity checking arrangements.
The changes will make it more difficult for individuals to conceal previous criminal records by changing identity. The focus will be on asking applicants, in the first instance, to produce documents that they would have acquired through undergoing stringent identity verification with the document issuer, such as the Identity and Passport Service or DVLA.
The new identity checking process will have three routes. Colleagues in the Recruitment and Advertising team are preparing a briefing note for managers which is currently being finalised and will be available from 17 August 2012.
There are further major changes being introduced from 10 September 2012 which were included in the Protections of Freedoms Act 2012. The legislation provides the following:
- A new definition for 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 check
- More rigorous “relevancy” test for when the police release information held locally on an enhanced CRB check.
Some things will not change as a result of the new legislation. These include:
- The requirement to make appropriate referrals to the Independent Safeguarding Authority (ISA)
- Ensuring that we do not engage in regulated activity someone whom we know to have been barred by the ISA.
There are some additional qualifications about posts which were previously classified as being regulated activity which post-10 September will no longer be considered as such. We are currently seeking additional advice about this part of the legislation and further information will be published prior to the changes coming into effect.
Further changes to portability and online, real time checking will not come into effect until spring of 2013. You can read more about changes to the disclosure and barring arrangements on the Home Office website: www.homeoffice.gov.uk/crb
If you have any questions about the identity checking changes, please contact your usual Recruitment and Advertising adviser. For all other enquiries, please get in touch with your usual HR contact.