Management Information Sheet
Changes to Disclosure and Barring and Criminal Record Bureau Checks
New Requirements
From September 2012 there are new responsibilities for employers arising from the Protection of Freedoms Act 2012 (affecting disclosure and barring) and from changes to the CRB identity checking process. It is important that individuals responsible for recruiting in schools understand their new responsibilities as these are not only statutory requirements but are a fundamental element of ensuring the safety of children.
The key changes to the disclosure and barring scheme include:
Abolishing registration and monitoring requirements
Redefining the scope of regulated activities - those are the activities involving close work with vulnerable groups, including children, which a barred person must not do
Abolishing controlled activities
The introduction of a minimum age of 16 to apply for a CRB check
Provision of statutory guidance on supervision of children by the Department of Education
But a barring function will be maintained.
Disclosure and barring
The new definitions of regulated activities will have the following affect for schools:
All staff on a school's payroll remain in regulated activity and checks on these individuals should continue in the same way. This includes cleaners and caretakers working in schools.
A volunteer in a school will not be in regulated activity if they are supervised to a reasonable level in which case a CRB check would not be a requirement. A school does have the discretion, however, to request a CRB check for any volunteer. If the volunteer is unsupervised, they will be in regulated activity and will therefore be required to receive a CRB check (enhanced) with an ISA barred list check.
Statutory guidance regarding supervision of activity, which would be regulated activity if unsupervised is now available. Please refer to P112 CRB and ISA checks policy or read the full document on the DfE website.
Some office holders will no longer be included in Regulated Activity and this includes school governors and therefore it will not be appropriate to carry out an enhanced CRB with barred list check unless their role involves going into classrooms or having contact with children (as this would be classed as regulated activity). However, if they are only attending school meetings and not regularly interacting with children it would not be necessary. Schools will still be entitled to seek an enhanced CRB disclosure and in Norfolk it is strongly recommended that governors have an enhanced CRB disclosure.
Information on the above is included on Schools PeopleNet - www.schoolspeoplenet.norfolk.gov.uk and the policy P112 CRB Checks Policy provides further information regarding different posts / situations in schools. You can also click here for a leaflet on Changes to disclosure and barring: what you need to know www.homeoffice.gov.uk.
It is essential that individuals responsible for recruiting familiarise themselves with the new definition of regulated activity as when future vacancies occur they will need to determine if a post meets the definition requirements - whilst a post may currently have a CRB check carried out it may not meet the new criteria. .
CRB Checks
There have also been changes to CRB Identity Verification that will apply to all applications for a CRB check and this became mandatory from 31st August 2012, when the existing guidelines ceased to apply. Click here to view MI Sheet 137/12 for further details.
Further Changes
There will be further changes after September extending to 2014. The first of these will occur on 3 December 2012 when we will see the merger of the CRB with the Independent Safeguarding Authority (ISA) to form a new body, the Disclosure and Barring Service and in early 2013 we should see the introduction of a new update service where for a fee individuals will be able to apply for a CRB check once and then if they need a similar check again, to reuse their existing certificate, with their organisation checking on line to see if it is still up to date. This will avoid many unnecessary repeat applications for a CRB check.
More information on these future changes will be made available nearer the time.
For further information see SchoolsPeoplenet: www.schoolspeoplenet.norfolk.gov.uk.
From September 2012 there are new responsibilities for employers arising from the Protection of Freedoms Act 2012 (affecting disclosure and barring) and from changes to the CRB identity checking process. It is important that individuals responsible for recruiting in schools understand their new responsibilities as these are not only statutory requirements but are a fundamental element of ensuring the safety of children.
The key changes to the disclosure and barring scheme include:
Abolishing registration and monitoring requirements
Redefining the scope of regulated activities - those are the activities involving close work with vulnerable groups, including children, which a barred person must not do
Abolishing controlled activities
The introduction of a minimum age of 16 to apply for a CRB check
Provision of statutory guidance on supervision of children by the Department of Education
But a barring function will be maintained.
Disclosure and barring
The new definitions of regulated activities will have the following affect for schools:
All staff on a school's payroll remain in regulated activity and checks on these individuals should continue in the same way. This includes cleaners and caretakers working in schools.
A volunteer in a school will not be in regulated activity if they are supervised to a reasonable level in which case a CRB check would not be a requirement. A school does have the discretion, however, to request a CRB check for any volunteer. If the volunteer is unsupervised, they will be in regulated activity and will therefore be required to receive a CRB check (enhanced) with an ISA barred list check.
Statutory guidance regarding supervision of activity, which would be regulated activity if unsupervised is now available. Please refer to P112 CRB and ISA checks policy or read the full document on the DfE website.
Some office holders will no longer be included in Regulated Activity and this includes school governors and therefore it will not be appropriate to carry out an enhanced CRB with barred list check unless their role involves going into classrooms or having contact with children (as this would be classed as regulated activity). However, if they are only attending school meetings and not regularly interacting with children it would not be necessary. Schools will still be entitled to seek an enhanced CRB disclosure and in Norfolk it is strongly recommended that governors have an enhanced CRB disclosure.
Information on the above is included on Schools PeopleNet - www.schoolspeoplenet.norfolk.gov.uk and the policy P112 CRB Checks Policy provides further information regarding different posts / situations in schools. You can also click here for a leaflet on Changes to disclosure and barring: what you need to know www.homeoffice.gov.uk.
It is essential that individuals responsible for recruiting familiarise themselves with the new definition of regulated activity as when future vacancies occur they will need to determine if a post meets the definition requirements - whilst a post may currently have a CRB check carried out it may not meet the new criteria. .
CRB Checks
There have also been changes to CRB Identity Verification that will apply to all applications for a CRB check and this became mandatory from 31st August 2012, when the existing guidelines ceased to apply. Click here to view MI Sheet 137/12 for further details.
Further Changes
There will be further changes after September extending to 2014. The first of these will occur on 3 December 2012 when we will see the merger of the CRB with the Independent Safeguarding Authority (ISA) to form a new body, the Disclosure and Barring Service and in early 2013 we should see the introduction of a new update service where for a fee individuals will be able to apply for a CRB check once and then if they need a similar check again, to reuse their existing certificate, with their organisation checking on line to see if it is still up to date. This will avoid many unnecessary repeat applications for a CRB check.
More information on these future changes will be made available nearer the time.
For further information see SchoolsPeoplenet: www.schoolspeoplenet.norfolk.gov.uk.