The Criminal Records Bureau (CRB) provides access to information across England and Wales about criminal convictions and other police records to help employers make an informed decision when recruiting staff. The information provided by the CRB is known as a 'disclosure'.
The criminal record check standard outlines the legal and mandated requirements that NHS employers should follow when appointing staff into regulated and controlled activities which involves contact with children and/or vulnerable adults (from October 2009) under the terms of the Safeguarding Vulnerable Groups Act. The standard is just one of the six documents which form the NHS Employment Check Standards which were published in March 2008.
The NHS Employment Check Standards were further revised in June 2010 following consultation with key partners to assure their fitness for purpose.
Home Office announces deferment of ISA registration (15 June 2010)
The Home Office announced on 15 June 2010 that there will be a deferment of the requirements for ISA registration which was due to come into force from 26 July 2010 for all new appointees working or volunteering within regulated activity under the terms of the Safeguarding Vulnerable Groups Act (2006).
Please refer to our frequently asked questions section below and the ISA website for further information.
- The decision to defer the next steps under the scheme follows the Government's announcement under the coalition agreement which promised "to review criminal record and vetting and barring regime and scale it back to common sense levels"
- The review takes forward the outcomes of Sir Roger Singleton's report (January 2010) 'Drawing the Line' which looked at the Children's provisions under the scheme and review of definitions of 'frequent' and 'intensive' across government guidance.
Further details about the announcement and latest press release can be found on the ISA website.
Updates will be published on this webpage and in the NHS Workforce Bulletin as soon as further information is issued by the Home Office.
Additional information
Q1. What are the implications for employers following the Government's announcement to review the scheme?
Q2. Will ISA registration still be introduced?
Q3. The CRB have already issued supplies of the new disclosure application forms - which forms should be used?
Q4. Can checks be made against the barred lists?
Q5. When will sector specific guidance on the scheme be issued?
Q6. Will employers still be able to access the free on-line check against an individual's ISA status?
Q7. How much will checks against the barred lists cost?
Q8. Will the CRB still offer the ISA Adult First Service beyond 26 July 2010?
Q9. Are mental health hospitals a specified place?
Q10. Will the scheme enforce any requirement for retrospective CRB checks for all staff from 12 October 2009?
Q11. Will there still be a standard disclosure service?
Q12. Will continuously updated CRB checks be introduced under the new scheme?
Q13. Will the NHS be able to check ISA's Vulnerable Adults List from October 2009?
Q14. What does access to health or social care records mean under controlled activity?
Q15. What are the extended requirements for controlled activities from 1 April 2010?
Q16. Do all managers require a CRB check?
Q17. What criminal sanctions are there for failing to comply with any of the requirements of the scheme?
Q18. Do the requirements under the Safeguarding Vulnerable Groups Act apply to pharmacists, opticians, dentists and GP's and will they be required to be ISA registered?
Q19. What level of check do employers need to obtain for staff providing emergency healthcare services?
Q20. Do students on work placements or work experience require a CRB check?
Q21. Where can I find more detailed information about the requirements under the Vetting and Barring Scheme?
The Government's decision to review the scheme takes forward the recommendations made in Sir Roger Singleton's report 'Drawing the Line' (December 2009) which looked at the children's provisions under the scheme and review of the proportionality of 'frequent' and 'intensive' across government guidance.
Key messages for employers:
- The requirements under the Safeguarding Vulnerable Groups Act (2006) which came into force from 12 October 2009 remain unchanged (extended scope of enhanced CRB checks, the duty to refer to the ISA, barring decisions and offences)
- The introduction of ISA registration, continuous monitoring and on-line checking of an individual's ISA registration status has now been deferred pending the outcomes of the review
- Employers must continue to carry out pre-employment checks including CRB checks, where there is a legal or mandated requirement for them to do so (as outlined within the NHS Employment Check Standards)
- Checks against the barred lists will continue to be made as part of an enhanced CRB disclosure.
NHS Employers will be working closely with the Department of Health, Home Office, and CRB to ensure that this has minimal effect on service delivery.
Updates will be published on this website, the NHS Workforce Bulletin and through our usual communications channels as soon further information is made available by the Home Office.
It is not yet clear how the Government's review of the Vetting & Barring Scheme will impact the introduction of ISA registration. NHS Employers will be working closely with the Home Office and the CRB over the coming months and will issue further updates through this website and the NHS Workforce Bulletin as soon as information is made available.
The cut off date for use of the current CRB disclosure application form is 20 July. Employers may continue to use the current application forms up to 16 July, this is to allow sufficient time for the CRB to receive and process applications by their cut off date. Applications received on or after 20 July will be unprocessed and returned to the registered or umbrella body.
The CRB still propose to change over to the new purple disclosure application form as originally planned from 26 July which is when their system will go live in order to process the new forms. Employers will already have received a small stock of these forms, further supplies may be ordered from 26 July by contacting the CRB's Customer Services team on 0870 90 90 811.
Employers will be able to use the new purple disclosure application form from 28 June, however, it must be noted that applications received by the CRB on or after this date will not be processed until 26 July. Applications will be processed in date order of receipt by the CRB. The CRB will be contacting all registered and umbrella bodies with further details about the timetable for usage. Employers should refer to the CRB website for further details, or contact the CRB's Customer Services Team on the number given above.
Yes. Where the position is eligible for a check against the Children's List or Vulnerable Adults List, or both, employers will need to tick the appropriate box(es) on the CRB disclosure application form and this information will be provided as part of the enhanced CRB disclosure. Employers should refer to CRB guidance on completing these forms which can be found on their website.
The Department of Health will be issuing further sector specific guidance once the review of the scheme has been completed. NHS Employers will be working closely with the Department of Health to ensure that interim guidance is provided to the service as soon as more information becomes available from the Home Office.
No. This was part of the registration process which enabled an individual's registration status to be continuously monitored. Further details will be posted on this website as soon as more information about the impact of the review is known.
Checks against the barred lists will be done as part of an enhanced CRB check and will continue to cost £36.
Pending outcomes of the Government's review of the Vetting and Barring Scheme, the CRB have agreed to extend the Adult First service beyond 26 July 2010 for those organisations who are entitled to use this service. Employers may therefore continue to use the ISA Adult First service until the scope of the scheme has been finalised and alternative arrangements are in place. Adult First checks cost £6.
It is not anticipated that the NHS will routinely use this service unless there are exceptional circumstances i.e. there is an urgent need to appoint due to patients being at risk through lack of healthcare staff provision.
It is important to stress that his check will only confirm that the individual does not appear on the barred list for working with vulnerable adults. It does not disclose any information about an individual's criminal record nor does it provide any information that may be held on the barred list for working with children and therefore it must not be used where individual's are working with both children and vulnerable adults. A full CRB disclosure must always be followed up.
Employers should refer to the CRB website for further information.
Mental health hospitals that are specialist hospitals providing mental health care wholly or mainly for children would be a specified place and therefore wider safeguards will apply (see further details in the Criminal Record Check Standard).
Hospitals that provide mental health care mainly for adults but may also incidentally provide care to children fall under the the Act as providing specified activity. Employers will need to carry out the appropriate level of CRB checks dependent on roles and responsibilities of the job against the criteria of regulated and controlled activities.
No. Where you are required to carry out retrospective (periodic) checks i.e. doctors on training rotation, agency staff and certain other highly mobile staff (see CRB check standard), then this requirement remains unchanged. The proposed phasing-in of the scheme (pending outcomes of the Government review) will be based on risk factors, the first wave of the roll out will affect new recruits and staff changing jobs within regulated activity with a gradual inclusion of existing staff depending on if or when they had a CRB check and at what level.
Q11. Will there still be a standard disclosure service?
The CRB will still offer a standard disclosure service for those sectors which are covered by the Rehabilitation of Offenders Act (Exceptions) Order such as Financial Services, the Security Industry and certain positions within the NHS (see further information within the CRB check standard).
From 12 October 2009, standard level disclosures no longer disclose any information about a person's barred status and therefore should not be used for positions which require checks against the Children's List or Vulnerable Adults List.
On 1 October 2009, the CRB reduced the cost of their standard disclosure service from £31 to £26. The cost for enhanced disclosures currently remains unchanged.
Q12. Will continuously updated CRB checks be introduced under the new Scheme?
Not immediately, no. Currently legislation restricts changing the criminal record portability under Part IV of the Police Act. A submission is scheduled to go to Parliament in 2010 with a view to changing the law by 2013 (subject to Parliamentary approval). In light of the recent Government announcement to defer ISA registration, NHS Employers will be working closely with DH, the Home Office and the CRB to make sure any interim arrangements do not impact on service delivery.
Yes. Whilst checks against the old PoVA List previously never applied to the NHS, the Safeguarding Vulnerable Groups Act extends the scope of Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This means that from 12 October 2009, employers in the NHS are now able to carry out checks against the ISA's Vulnerable Adults List for any new recruit or member of staff changing jobs where the position meets the criteria for an enhanced CRB check.
Q14. What does access to health and social care records mean under controlled activity?
Under the terms of the Safeguarding Vulnerable Groups Act, access to health and social care records is defined as where the individual is responsible for:
- adding, amending or reviewing health or social care records (as outlined below) as part of a clinical or social services activity, or in accordance with the duties of their job
- auditing, complaints management, or filing of health or social care information
- using health or social care information for report writing, issuing letters or carrying out research
- viewing health or social care records on the computer screen if this is a day to day requirement of their job i.e. does not include where the individual might have the opportunity to view information in passing of a computer screen.
A health record is defined as:
- any record which consists of information relating to the physical or mental health condition of an individual, and
- has been made by/or on the the behalf of, a health professional in connection with the care of that individual.
Health and social care records are protected by the Data Protection Act and they should only be accessed by those who have permission or authority to do so as part of the duties of their job.
An amendment under the provision of the Police Act 1997 (Criminal Records) (Amendment) Regulations 2010 came into force from 1 April. The amendment places a legal duty on employers to carry out a check against the barred lists to assure that individuals being appointed into controlled activity in wider health care settings are not barred from working in regulated activity (known as a 'controlled activity check'). The process for this check is slightly different to an application for an enhanced CRB check. However, in light of the Government's announcement to review and remodel the scheme (15 June 2010), processes have not been set in place with the CRB for employers to carry out a 'controlled activity check' on these individuals - employers should therefore continue to carry out standard disclosures for controlled activities in wider health care settings until the scope of the review and recommendations are known.
Full penalties have therefore not been imposed at this time and employers will not be committing a criminal offence if they do not check the barred lists for these positions. Criminal offences will apply if the employer appoints someone into a controlled activity where they are aware that the individual is barred from regulated activity - e.g. through self disclosure or through prior offer of appointment/employment in a regulated activity and a higher level check being obtained - and appropriate safeguards are not put in place to manage that individual.
The Government's announcement does not, however, affect the requirements attached to any controlled activity that takes place in a specified place - these positions still require an enhanced CRB check and full penalties and criminal offences apply.
Further information will be communicated through the NHS Workforce Bulletin and this website as soon as further information becomes available from the Home Office.
Q16. Do all managers need to have a CRB check?
No, not all managers will qualify for a CRB check. Only those who have regular day-to-day line management or supervision of individuals who are engaged in regulated or controlled activity will be covered by the scheme. For example, a locality manager of a community nursing team (regardless of their professional background) will be engaged in regulated activity and therefore will require an enhanced CRB check, however, the Director of Operations who manages the locality manager would not be required to have a CRB check.
Q17. What criminal sanctions are there for failing to comply with any of the requirements of the scheme?
There are a number of criminal offences associated with failing to comply with the requirements of the scheme:
- It is a criminal offence if an individual who is barred from working with children or vulnerable adults if they work or volunteer, or apply to work or volunteer with these vulnerable groups. The offence will be punishable by a fine of up to £5,000 and/or imprisonment
- It is an offence for an employer to knowingly engage an individual who is barred in regulated activity. The maximum penalty for this offence is five years imprisonment
- An employer who fails it's duty to refer an individual to the ISA where appropriate, may be liable to a fine of up to £5,000
These offences remain unchanged following the Government's announcement to review the scheme (15 June 2010).
The Department of Health intend to make amendment to Performers List and other regulations to ensure that ISA registration is included as part of the requirements for the List, or the contract an individual enters into with a PCT to provide NHS services. Any such amendment will be pending the Government's review of the scheme and will be subject to Parliamentary approval. Once enforced, this is intended to apply to pharmacists and pharmacy technicians, opticians, optometrists and ophthalmic medical practitioners as well as GPs and dentists. This will mean that any self-employed clinician will have to register with the ISA before they will be allowed to provide treatment to NHS patients, (salaried clinicians will also have to register with the ISA via their employer). Further details will be communicated by the Department of Health as soon as more information is made available.
All GP's and dentists applying to join a PCT's medical performers list are already required to provide an enhanced CRB disclosure as part of their application, it should also be noted that GP and dental practices have a responsibility to ensure that they carry out appropriate CRB checks on applicants to any position within their practice that qualifies under regulated or controlled activity (i.e. receptionists, health visitors, nursing staff) for such a check.
From 12 October, 2009 it will be an offence for any employer to allow an individual to engage in any form of regulated activity if they are barred from working with those vulnerable groups.
Ambulance services, regardless as to whether the service is statutory, private or voluntarily fall under healthcare services. Paramedics and staff who respond to calls and attend the patient are carrying out healthcare. If these activities are being carried out frequently, intensively, or overnight then staff employed in these positions will be carrying out regulated activity and therefore will require an enhanced CRB check.
Emergency healthcare services that are provided by NHS organisations employ staff in routine or emergency call centres, including support staff, emergency medical dispatchers, call handlers, control room staff - all of which will have access to written or recorded emergency calls and paramedic report forms and therefore, where these individuals have access to health or social care records and are carrying out these duties frequently or intensively, will be carrying out controlled activity. Controlled activities in these wider healthcare settings will require a standard CRB check (please refer to Q15 and 18 above).
Students over the age of 18 years who, as part of their professional qualification, are required to undertake a clinical placement will require a CRB check. The level of check is dependent on whether they are appointed in a regulated or controlled activity, or a controlled activity within a specified place, with children and/or vulnerable adults and this activity is carried out frequently, intensively or overnight. The check may be obtained by the Higher Education Institution (HEI) but there remains a duty on the employer providing the clinical placement to seek written assurances from the educational body that appropriate clearances have been obtained for the position they will be undertaking. Many students will be required to move frequently to new placements during their training, it is therefore recommended that they have a CRB check at the start of their training course and again when they first start their employment in the NHS.
Students under the age of 18 years on short-term work placements or work experience do not normally require a CRB check on the basis that the role they are undertaking will be fully supervised.
Revised generic guidance has been published by the Home Office (19 March 2010). Additional guidance on duty to make referrals and ISA decision making processes can be found on the ISA website .
Further specific guidance on the scheme for Health, Social Care and Housing will be issued by the Department of Health as soon as the scope of the Government's review is known. Notification will be published in the NHS Workforce Bulletin as soon as further information is issued by the Home Office.
Employers are strongly recommended to register themselves to receive the ISA's newsletter for latest updates, further details can be found on the ISA website.