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Care Standards Update
Edition No. 16 March 2002
Introduction
This Care Standards Update is focussed upon the action that you need to take in relation to the use of the Criminal Records Bureau.
Background
The Criminal Records Bureau (CRB) is an independent body which has been set up to facilitate the provisions of the Police Act 1999 to provide 'police checks' for those employees for whom legislation requires such checks to be undertaken. The Care Standards Act 2000 requires registered persons of registered care homes to undertake police checks of all new employees. With respect to existing employees, such checks are not required until 1st April 2003.
The process for applying for police checks is termed 'Disclosure'.
What is Disclosure ?
The Disclosure service offers organisations a means to check the background of job applicants to ensure that they do not have a history that would make them unsuitable for posts they are trying to fill. Disclosures will provide details of a person's criminal record including convictions, cautions, reprimands and warnings held on the Police National Computer.
There are three levels of Disclosure: Enhanced, Standard and Basic (the Basic Disclosure becomes available in Summer 2002).
Enhanced Disclosures
These are for posts involving a far greater degree of contact with children or vulnerable adults. In our case, we will require an Enhanced Disclosure for all nurses and care assistants.
An Enhanced Disclosure includes a check on local police records. Where local police records contain additional information that might be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced Disclosure.
Standard Disclosures
The Standard Disclosure contains details of all convictions held on the Police National Computer including current and 'spent' convictions as well as details of any cautions, reprimands or final warnings. In our case we will require Standard Disclosure for all domestic staff and other ancilliary staff.
Basic Disclosure
These are available for all types of employment and voluntary positions not covered by the higher-level Disclosures. This level of Disclosure contains details of convictions considered 'unspent' under the Rehabilitation Offenders Act 1974 and held on the Police National Computer. There is currently no known requirement for Basic Disclosure by care home owners. This level is not expected to be available until June.
Registering with the Criminal Records Bureau
Members will have to decide whether to register direct with the Criminal Records Bureau or to use an Umbrella Body. The Criminal Records Bureau have been sending information packs to all employers likely to be involved in the Disclosure process. To register direct you should complete the application form which was enclosed in that pack and return it to the Criminal Records Bureau.
The Registered Nursing Home Association is registered as an Umbrella Body (registration number 20398200004). If you wish to take advantage of our service please complete the enclosed form (this is to ensure that the Association satisfies the confidential requirements of the process).
The fee for registration directly with the Criminal Records Bureau is a one off fee of £300.00 payable to the Criminal Records Bureau. There is also a signatory fee of £5 per signature (usually only necessary for the proprietor and / or manager).
To use the RNHA umbrella body process requires no registration fee but there will be a £5 administration fee for each application made.
The Recruitment Process
The National Minimum Standards require registered persons of registered care homes to apply rigorous employment process. This employment process is to include the Disclosure process detailed above. A suitable process is illustrated below;
1. The words this post is subject to disclosure is to be included in any job advertisement.
2. After the job interview, if you are considering employing the applicant, you must instruct them to apply for an Enhanced Disclosure.
3. The job applicant telephones the Disclosure application line on 0870 9090 844 and commences the application process by providing certain personal information to confirm their identity.
4. The CRB will forward a form to the job applicant who is required to check the details and give their consent to the check.
5. The job applicant will bring the form to you with copies of the identification documents required and the CRB payment of £12.00.
6. You will check the details, confirm the identification documents, sign the form and send it either directly to the CRB if you are registered with them or to RNHA if you are using our umbrella service
7. The Disclosure check will be forwarded direct to the applicant and yourself. You will then be able to complete the employment process
When Should the Check be Done ?
Whilst the Care Home Regulations state that we cannot employ people until a police check has been undertaken, the National Minimum Standards use the words confirm in post. As the inspectorate will apply the National Minimum Standards I believe that they will deal with this time issue realistically. In the vast majority of cases it will be impossible for us to complete the police check prior to offering employment and therefore I suggest you offer employment subject to satisfactory Disclosure and ensure that you complete the process of Disclosure in sufficient time to confirm in post when required.
Completing the Disclosure application form to use the R.N.H.A. Umbrella Service
As an umbrella body we expect to receive a supply of Disclosure application forms which, in turn, we will supply to members using our service. Photocopies of Disclosure application forms are not acceptable to the Criminal Records Bureau.
When the job applicant brings the Disclosure application form to you, you are required to ensure that sections B to H have been completed, and then you should complete section X. (Please note that RNHA will complete section Y B it should not be completed by you). Then forward to RNHA head office:
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The Disclosure application form
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The R.N.H.A. reference form
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The appropriate fee
The fee to be paid to the Criminal Records Bureau for each Disclosure check is £12.00, this fee can be paid by either the job applicant or yourself. There is an R.N.H.A. administration fee of £5.00 each time the service is used (whether you send one or more than one Disclosure application on that date).
Geoff Cook will complete section Y and will forward the form to the Criminal Records Bureau. The target response from the CRB is:
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Enhanced B 90% in three weeks
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Standard B 95% in one week
One Disclosure response will go direct to the applicant, the other is received by Geoff Cook at RNHA. We will contact you to advise you of the result and will store the Disclosure for future reference.
The Criminal Records Bureau advise us that the Disclosure must not be kept on a personnel file, it is sufficient to record that a check has taken place, the date and the reference number.-
Further information and action to be taken;
Enclosed with this Care Standards Update are;
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Sample Disclosure Application Form (N.B. Photocopies of application forms are not accepted by CRB)
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Dealing with Disclosure Application Forms
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Can a Disclosure be used more than once?
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Policy statement on the recruitment of ex-offenders
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Guidance for Disclosure applicants
Conclusion
Both the Care Home Regulations and the National Minimum Standards place a strong emphasis on the use of robust recruitment procedures to ensure that the social care workforce is appropriate for caring for vulnerable adults. Members must expect to have their recruitment policies inspected by the National Care Standards Commission at the first inspection. The Disclosure process is part of that robust recruitment procedure.
Geoff Cook is employed at head office to assist members in relation to the requirements of Disclosure and to undertake our process as an umbrella body, please address any queries initially to Geoff Cook.
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