As of 1 December 2012 the Criminal Records Bureau (CRB) as we know it will be a thing of the past, as it merges with the Independent Safeguarding Authority (ISA) to form the all new Disclosure and Barring Service (DBS).

The creation of the DBS comes as a direct result of the Protection of Freedoms Act 2012, which for the first time established a joint service to combine both the criminal records and barring functions.

Despite the merger of the two independent organisations, the delivery of the service currently provided by the CRB will not be altered by the merger. The CRB are keen to reassure their customers that business will continue as normal during this transition.

For the main, the transition will be an exercise in rebranding, with few physical changes to the infrastructure of either the CRB or the ISA. There will of course be a new DBS logo, along with minor changes to the application form and the clearance certificate customers receive. The website will also receive a slight revamp, with a change to some of the language used both on and offsite.

If you require any further information about the forthcoming changes then the Criminal Records Bureau section of the Home Office’s official website will keep you up to date with everything you need to know.

Alternatively, here at CB Screening we aim to keep you fully informed of any changes you should be aware of, so check in at our regularly updated blog for all the latest developments. 

From 1st September 2012, the CRB introduced new identity checking guidelines. These new guidelines will apply to all applications for a CRB check.

The latest issued guidance can be downloaded from the homepage the Home Office website. You'll find more information under the 'Latest from the CRB' section including the details of a number of further updates to the accepted documents. These are:

• The current Non-UK Photo Driving Licence (Group 2a) - Now states that this can be used up to 12 months from the date the applicant entered the UK. Please note - This document may still be used to verify the identity for individuals prior to arriving in the UK.
• Work Permit/Visa (Group 2b) - Now states valid up to the expiry date.
• The letter from the head teacher/College Principal (Group 2b) - Now states 16 - 19 year olds but must be UK only.

The Home Office website also includes the latest FAQs and updated scenarios to help determine when an ID documentation check has been completed.

The Criminal Records Bureau has recently commissioned a survey by a leading research company to build up accurate and timely information about the level of their customers’ satisfaction. This is the most recent in a long line of research programmes designed to keep the CRB fully informed about the behaviour of their customers, with registered and umbrella bodies contacted by an independent research company by phone between February and March 2012 and asked a series of questions.

The primary aim of the CRB is to provide a high level of service that protects children and vulnerable adults from individuals who are being recruited into a position of care. It is only by carrying out independent research in this way that the Criminal Records Bureau can measure whether they are achieving this objective.

This year’s research showed that:

• 92% of CRB applicants were satisfied with the level of service they received, whilst 62% were very satisfied;
• Over eight out of ten recipients were pleased with their CRB check turnaround time;
• 89% of applicants believed the CRB was having a positive influence on the protection vulnerable adults and children receive in the UK;
• More than nine out of ten organisations admitted that CRB checks improve their ability to protect vulnerable adults;
• In the past ten years over 151,000 unsuitable people have been prevented from securing employment in a role which supports vulnerable adults or children.

These results are an extremely positive sign for the Criminal Records Bureau, showing that the service they currently provide is highly valued by their customers and meets or surpasses their expectations in the majority of cases. A copy of the full research report is available on the Home Office website.

The rules regarding CRB checks have changed in regard to financial and legal positions. The Financial Services Authority (FSA) or someone working on their behalf is now permitted to acquire a Standard CRB checks on individuals who apply to carry out the business of a Payment Institution. If you are unfamiliar with the term Payment Institution, they are a new type of payment service which was formed out of the Services Regulations 2009, and provide services for individuals such as remitting money from the UK to other countries and credit payment and direct debit services.

The new Payment Institutions are to be regulated by the FSA, with part of their remit to include an assessment of whether individuals that wish to provide such services are fit to do so. An important element of this assessment will take the form of standard CRB checks. The positions involved in payment institutions which fall under this remit, include:

• Directors and managers
• Holders of qualifying holdings
• Those responsible for the management and control of payment institutions

Legal Positions

Part 5 of the Legal Services Act which came into fruition back in 2007 created new firms which could provide legal and non-legal services known as alternative business structures.

Within these new firms a number of certain statutory positions have been created, known as the ‘Head of Legal Practice’ and the ‘Head of Finance and Administration’. These positions are responsible for the firm’s compliance with relevant regulations.

Those individuals who hold a restricted interest in such firms are by virtue of their chare interest or voting rights for example, will be subject to a statutory ‘fit and proper person’ test which will include standard CRB checks to determine the presence of prior convictions or cautions.

Currently taxi and private hire vehicle drivers are eligible for standard Criminal Records Bureau (CRB) checks. These disclose all spent and unspent convictions, cautions, reprimands and warnings.  The exceptions are drivers who are on a contract to transport children and/or vulnerable adults. These drivers are within regulated activity, and therefore eligible for enhanced CRB checks.

However, licensing authorities have for some years been applying for (and receiving) enhanced CRB checks for all drivers. These disclose everything that is visible on a standard check, as well as relevant non-conviction information held by local police forces and, where appropriate, details of the person's inclusion in an Independent Safeguarding Authority (ISA) barred list.

The Government decided to tighten up on this in 2011, such as to provide only standard checks when this represented the limit of somebody's eligibility.  This led to representations from a number of quarters, including the Mayor of London, Transport for London and the Local Government Group (representing licensing authorities outside London).

In response, Home Office officials met representatives from the sector to discuss the issues.  Following Home Affairs Committee (HAC) clearance to proceed with this policy, Home Office Ministers have now agreed to:

• Make all taxi and private hire vehicle drivers eligible for enhanced criminal records (CRB) checks; and
• Allow licensing authorities to obtain information as to whether an applicant is on a barred list. Licensing authorities would retain the discretion to offer employment to a barred person if they chose.
• This reflects consultation indicating that due to methods of working, many drivers could find themselves allocated to work with children or vulnerable adults.

Frequently Asked Questions:

The second and final stage of the Criminal Records Regime review has been completed and submitted to Ministers. The second phase of the review focuses on how criminality information is stored and shared and makes a number of recommendations relating to the administration of criminal records. One such recommendation is that the Police National Computer (PNC) should continue to be the central repository for criminal records for the foreseeable future. 
 
Government response to the review

The Government has responded positively to the vast majority of the recommendations made. Its formal response sets out which of the recommendations made are now before Parliament in the Protection of Freedoms Bill.  
The Bill contains proposals including:

• Strengthening the test of relevance applied by a chief officer;
• Ceasing CRB checks on under 16s;
• Issuing the certificate to the applicant only to allow them the opportunity to review any information included prior before the CRB check certificate is shown to the employer, and introducing a new provision to allow the applicant to request a review of information released by a chief officer;
• The implementation of online status checks, enabling certificates to be reused for different employers across the same sector, instead of requesting a new certificate every time applicants apply for a new role.

In addition the Government will uphold arrangements for holding criminal records on the Police National Computer, in a bid to ensure that security controls on accessing records are strong.

The Protection of Freedoms Bill is currently working its way through parliament and has reached the penultimate stage before it comes to fruition. The bill is multi-faceted and includes provision to reform both the Barring Scheme and the Criminal Records Regime.

Before the Report Stage could commence, a Marshalled List was published, which grouped together the subjects put forward in the bill, enabling a more efficient examination of the Bill to take place and to allow Members of the Lords to give each element sufficient consideration.

If the Bill is to be amended at this Report Stage it will need to be reprinted in its entirety. Once this has taken place it will be read and debated in the House of Lords for the final time before moving back to the House of Commons where MPs will be free to consider any amendments the Lords have made.

Once the Bill has been passed by both the House of Lords and House of Commons, the Bill will then receive Royal Assent and will come into being sometime in May.   

A reform of the CRB vetting process has been announced as part of the Government’s review of the Vetting and Barring Scheme. The new scaled back employment vetting scheme comes as a result of The Protection of Freedoms Bill, which is currently passing through Parliament. Part of this proposal, if passed, will see the Independent Safeguarding Authority and the Criminal Records Bureau join together to become a single entity known as the Disclosure and Barring Service (DBS).   

The new organisation will be responsible for delivering the services currently provided by both the CRB and the Independent Safeguarding Authority. It is yet to be decided who will run the outsourced organisation, although the Home Office have already issued a tender to do so.

The services themselves offered by the new Disclosure and Barring Service (DBS) are to be reformed, with the introduction of a new, portable disclosure service one measure which is expected be introduced.

The date for the DBS to come into being has been set for November 2012, although this may change in accordance with Parliamentary Timetabling. Employees of both the CRB and the Independent Safeguarding Authority will be relieved to hear that neither body will have to relocate as part of the merger.

As further information is released about the implications of the Disclosure and Barring Service on the CRB, here at CB Screening we will endeavour to keep you fully up to date.   

The Criminal Records Bureau (CRB) is soon to be launching a new online status checking service for employers.  The service will be used to vet potential employees and verify that they have CRB clearance for certain jobs.  Part of the CRB process requires people to request a new certificate when applying for a new job, but the online system will save them from this process and make checks easier for employers.  CRB checks are in place to validate those working with vulnerable people and are required for anybody working with children, disabled people, and other similar roles.    

Lynne Featherstone, the criminal information minister, announced the new system amongst other new measures.  These measures are to be introduced following a review carried out by the Government’s independent advisor Sunita Mason.  In a statement made to Parliament, Featherstone said that the introduction of the online service would reduce the amount of paperwork and bureaucracy in many CRB processes.  

Featherstone said "We have included a provision to make the CRB process less burdensome on all concerned by introducing a new, online status checking capability that will in effect mean individuals can re-use their certificates for different employers across the same workforce and so will no longer need to apply for a new certificate every time they want to take up a new role," she said. "This will have a positive impact on business, making it significantly easier for employers to take on staff in relevant sectors."

A Home Office spokesman was unable at this time to offer any further information about the way the system would work.

Other features of the Protection of Freedoms bill are listed below:

• Ensuring that only accurate and relevant personal data will ever be disclosed by the police.
• Applicants will have the opportunity to review their personal data and if necessary, dispute any information held about them by the police before it is disclosed to a potential employer
• Significantly reducing the range of ‘regulated activity’ from which people could be barred.

The Government did not accept Mason’s request for a significant reduction in the number of individuals eligible for checks.

An announcement has also been made by the Home Office stating that the Government will continue to maintain the current agreements for holding criminal records on the police national computer.  They would also ensure that sufficiently strong controls were in place for accessing these records.

CBS expect to receive further information regarding processes and the practical effects it will bring to those who access the CRB Disclosure Service.  As always, CBS provide first line customer support to all clients regarding regulatory and legislative advice and would be pleased to discuss this in greater detail on request.

The Glamorgan Business School hosted a Freshers Welcome event for all new business students starting their studies for the first time at the University.  With many new students having mixed emotions about leaving home, the welcome event was put in place to help new starters feel confident and comfortable with their new surroundings. The event also provided students with the opportunity to meet other new students and academic staff in an informal setting.

Held in the Students’ Union, Dean of the Faculty of Business and Society, Monica Gibson-Sweet began the event by greeting new students. This initial welcome was followed by the presentation of two scholarships as part of the Business Opportunities Scholarships Scheme.  This unique scheme was provided by two local businesses Complete Background Screening (CBS) and Big Country Adventures Ltd to help provide financial support towards the cost of tuition fees.

The Scheme, known as the BOSS Scheme is an innovative approach to creating the business leaders and entrepreneurs of tomorrow for applicants applying to undergraduate courses at the Glamorgan Business School. Led by Pontypridd-based company Complete Background Screening (CBS), the scholarship scheme offers a unique package of financial support and mentoring for aspiring business students.

Eligible to undergraduate applicants, the scheme awards scholarships to applicants who can demonstrate a unique flair for business as well as a passion for the subject.

The applicants were required to submit an essay on ' Why I deserve the BOSS scholarship ’ in no more than 500 words. The winning applicant, Laura Haighway, was awarded £1000 by Rachel Bedgood, Director of CBS to help with the cost of her studies. In addition the runner-up, Christopher Kane was presented with a further cheque of £500 funded by Big Country Motocross Ltd. 

Dean of the Faculty of Business and Society, Monica Gibson-Sweet commented: “We greatly appreciate the ongoing support that Rachel Bedgood has provided in establishing the Business Opportunities and Scholarship Scheme (BOSS) which has provided two of our first year students with an extremely valuable financial contribution to their university studies. It would be fantastic if more companies would come forward to support these scheme and help more students to achieve their dreams of a university education”

Rachel Bedgood added: “I am extremely pleased to be part of such a worthwhile and valuable scheme.  We welcome and commend any individuals who are committed to contributing and development business in our area. CBS provide services of pre-employment screening and CRB checks to small local companies through to multi-national blue-chip organisations.  Our continued growth and success is down to simple fundamental methods, one of which is due to our office base in Ynysybwl, Pontypridd -  keeping our overheads low and providing a vital service to the UK and overseas market.  I would like to wish the winning students the very best for the future and look forward to their growth and development within this sometimes tough industry.  Their contribution to our currently struggling economy is certainly welcomed. ”