CRB checks & recruiting staff

From 1 August 2008 all new applicants for a performers list have to have a CRB check carried out. This applies to optometrists whether they carry out sight tests from a practice or as part of a mobile service. If a check reveals a criminal record that is not necessarily a reason for not offering someone a job: an employer should consider whether the nature or seriousness of the offence should preclude the person from taking up the job.

If you want to check what documentation you need to provide in order to begin the CRB process please click here

From 21 July 2010 the CRB can only accept and process requests for a CRB check using the new purple application form.

It is important to note that this also applies to those applications sent to the CRB on the old white form, prior to 20 July 2010 but since returned to the Registered Body. Any applications made on the old white form and received in the CRB after 20 July 2010 will be rejected, returned to the Registered Body and stamped to advise that a fresh application, using the new purple form, will need to be completed and submitted. There can be no exceptions to this as recent changes made to the CRB's internal systems to accommodate the new purple form, no longer permit the processing of the old white form.

Complete background screening

If contractors wish to have criminal records checks carried out on any prospective employees or wish to have more advice on doing so, telephone Complete Background Screening, a company which carries out criminal records checks, on 01443 79 99 00. For more information please click here - the AOP has arranged a preferential rate for all AOP members who use this service.

Employment policies on the recruitment of staff with criminal records

It is a requirement of the Criminal Record Bureau's (CRB) Code of Practice that all Registered Bodies must treat Disclosure applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. It also obliges Registered Bodies to have a written policy on the recruitment of ex-offenders, a copy of which can be given to Disclosure applicants at the outset of the recruitment process.

To help employers meet this requirement the CRB has produced a sample policy statement which can be used or adapted for this purpose. The sample policy statement reference DIP 011, "Sample Policy Statement on the Recruitment of Ex-offenders", is available on the CRB's website www.crb.homeoffice.gov.uk or please click here to view

The CRB's remit covers England and Wales. The same pertains in Northern Ireland - see Access NI website: www.accessni.gov.uk

In Scotland it is recommended that employers have a written policy on the recruitment of ex-offenders, but it is mandatory to have a policy on the secure handling of disclosure information. Further information on this is available on the Disclosure Scotland website: www.disclosurescotland.co.uk.

We would suggest that the Sample Policy Statement on the Recruitment of Ex-offenders is amended as follows:

7th bullet point to read: "The nature of the position allows [Organisation Name] to ask questions about your entire criminal record, so you must declare all convictions and not treat any as spent as defined in the Rehabilitation of Offenders Act 1974."

8th bullet point to read: "We ensure that all those in [Organisation Name] who are involved in the recruitment process have access to the appropriate guidance to identify and assess the relevance and circumstances of offences and the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974."

10th bullet point to read: "We refer every subject of a CRB Disclosure to the CRB Code of Practice on the CRB website: www.crb.homeoffice.gov.uk. "

Policies on responding to an adverse disclosure

Policies and procedures on how to respond to an adverse disclosure should be general, since the nature of any disclosure and the circumstances of any job may very hugely so each should be dealt with individually according to its own circumstances, as opposed to setting out a detailed procedure. Wording for such a policy could be along the following lines:

"Should any information be disclosed on a CRB disclosure certificate [Organisation Name] will not discriminate against you and will consider your suitability for the role based on employment references, character references, etc."

June 2010.