Guidance on Criminal Record Bureau checks and the Independent Safeguarding Authority
This is an outline guide only and you should seek advice from your local authority scheme operator and refer to the full details on the Criminal Records Bureau website at www.crb.homeoffice.gov.uk
and the Independent Safeguarding Authority website at www.isa-gov.org.uk
Why do we need checks?
For SWC members there are two considerations as follows
1) personalised care budget holders are automatically defined as ‘vulnerable adults’, however the legal definition is wider
2) certain services provided will be within the definition of ‘regulated activity’
The combined effect is that persons employed to provide services which are covered by both of these definitions need to have an enhanced disclosure certificate.
Where is the term ‘vulnerable adult defined?
The definition is at Section 59 of the Safeguarding Vulnerable Groups Act 2006
How do I know whether what I do is regulated activity?
Most businesses will need to consider if the services they provide fall within the categories 1,2, 4,5 or 6 but you should consider all the guidance.
Why do you require a Basic Disclosure if I am not carrying out regulated activity?
The requirement for an enhanced disclosure certificate is a legal requirement and these certificates can only be required in specific circumstances.
If you are not able to provide an enhanced disclosure certificate because the services you provide do not meet the definition of regulated activity then you will we ask for Basic Disclosures from Disclosure Scotland as an added assurance for customers.
This will then mean that we cannot list you within the Support With Confidence scheme but we will be able to apply for membership of Buy With Confidence
What will you check?
If you have employees we will expect to see a documented procedure and evidence that it is followed to ensure that all relevant staff have the appropriate disclosure certificate.
If you are the only person working in the business then we will ask to see the actual certificate.
How do I get a disclosure certificate?
Only Registered Bodies or Umbrella Organisations can apply for enhanced disclosure certificates.
If you are not a Registered Body then you will need to apply for an Enhanced Disclosure Certificate through an Umbrella Organisation. There are a number of such organisations available; most charge an administration fee as well as the fee due to the Criminal Records Bureau
Individuals have to apply for their own Basic Disclosure certificate.
You will have to pay for either type of certificate
What does the Independent Safeguarding Authority do?
The functions of the ISA are under review, this includes the need to register and some of the proposed controls have been put on hold.
We will assist you as far as possible in deciding what your business needs to do
I already have the relevant disclosure certificates, will you accept them?
Very probably, yes.
You will need to discuss how and why the certificates were obtained but if there is evidence that the process used followed the criteria set out by the Criminal Records Bureau, by a statutory body or have been subject to an audit which we are able to verify and the certificate dates are fairly recent then we will accept them. This process is sometimes referred to as ‘porting’.
Will you require certificates to be renewed
Yes, we will discuss the frequency of renewals with you.