Criminal Records Bureau
Encyclopedia
The Criminal Records Bureau (CRB), is an Executive Agency
of the Home Office
, which provides wider access to criminal record information through its Disclosure service for England
and Wales
. The equivalent agency in Scotland
is Disclosure Scotland
and in Northern Ireland
is Access Northern Ireland.
The CRB service enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially that involve children or vulnerable adults. In 2007, the CRB processed 3.4 million checks.
The CRB had been due to partner with the Independent Safeguarding Authority
in administering the newly created Vetting and Barring Scheme from 2009. This was suspended in 2010 pending a review following the 2010 General Election
. This review was published in February 2011, making recommendations for the merger of the Criminal Records Bureau and Independent Safeguarding Authority into one new non-departmental public body
, responsible for barring individuals and completing criminal record checks. Under the Protection of Freedoms Bill, the new scheme will not require registration, nor will any details be retained on a database. The scheme would have required all adults who teach, train, supervise or care for children or vulnerable adults on a frequent or intensive basis to register, with criminal offences for non-compliance. This was estimated to comprise approximately 11.3 million people (a quarter of the adult population).
One of the main reasons for the formation of the Criminal Records Bureau was to reduce the risk of organisations being sued for employing convicted criminals who went on to abuse vulnerable people while in the course of their duty, as the 1990s saw an increase in the American-influenced compensation
culture across Britain
.
An organisation which is entitled to ask exempted questions (under the Rehabilitation of Offenders Act 1974
) must register with the CRB before they can request Disclosure data about an applicant. The individual applies to the CRB with their application countersigned by the organisation. The applicant's criminal record is then accessed from the Police National Computer
(PNC), as well as checked, if appropriate, against lists of people considered unsuitable to work with children and vulnerable people maintained by the Independent Safeguarding Authority
and others; these include the ISA Children's list, the ISA Adults' list and List 99. Copies of completed disclosures are sent to the applicant and the countersignatory organisation.
Employers and temporary staff agencies
have bemoaned the time it takes for a worker to be cleared by the CRB and in an effort to cut waiting times the government allowed the establishment of "ISA Adult First". Registered bodies may check whether an applicant appears on the Protection of Vulnerable Adults (POVA) list through this online checking system, which takes around two working days to turn around. If the check is clean the body may provisionally employ the applicant, subject to an increased level in supervision, until the return by post of the full disclosure.
data is called "Disclosure". There are two levels of Disclosure: Standard and Enhanced. These checks cannot be obtained by members of the public directly but are only available to organisations and only for those professions, offices, employments, work and occupations listed in the Exceptions Order to the Rehabilitation of Offenders Act 1974.
A third form of disclosure, the "Basic Disclosure", is not currently available, but is intended for individuals to obtain copies of their own criminal record, though members of the public can currently do this by requesting 'subject access' under the Data Protection Act from any British police force, regardless of where the subject lives.
As of 12 October 2009, the Standard Disclosure is checked only against the PNC. This is due to the rollout of the ISA Adults and ISA Children's lists, against which the Standard Disclosure cannot be checked. Any Standard Disclosure applications being sent to CRB from the 12th October onwards with the relevant boxes on the application form selected are rejected by the CRB mailroom. The price of the Standard Disclosure was lowered from £31 to £26 to reflect these changes.
In addition to the information provided on a Standard Disclosure, the Enhanced Disclosure involves an additional check with the police, who check if any other information is held on file that may be relevant (for instance, investigations that have not led to a criminal record). The police decide what (if any) additional information will be added to the Disclosure. In rare circumstances the police may write to the employer separately giving confidential information about an ongoing criminal investigation into the applicant. This information may not be released to the applicant and the employer cannot reveal it to them.
The CRB aims to issue Enhanced Disclosure within 28 days of receiving the application, however the involvement of local police forces can affect the time taken to process an Enhanced Disclosure application.
trial. Ian Huntley, a former caretaker, was found guilty of murdering two girls of a Cambridgeshire
secondary school in 2002. Huntley had been suspected of a string of offences including rape
, indecent assault
and burglary
. His only conviction before the murders was for riding an uninsured and unlicensed motorcycle, but a burglary charge had remained on file. In January 2006, following controversies resulting from cases where staff had been hired by schools before a full CRB check had been carried out, the Department for Education and Skills stated: "Employers should obtain a CRB Enhanced Disclosure in respect of all teachers they recruit before the person is placed in a school." Huntley had been hired in November 2001, before the CRB came into force.
Sociologist Frank Furedi
has stated that CRB checks cannot provide a "cast-iron guarantee that children will be safe with a particular adult", and that their use has created an atmosphere of suspicion and is "poisoning" relationships between the generations, with many ordinary parents finding themselves regarded as "potential child abusers". The restrictions imposed by the CRB check process have contributed to a shortage of adult volunteers in organizations such as Girlguiding UK
.
In 2009, the CRB's Enhanced Disclosure was criticised for including details of any minor contact an individual has had with the police, even where no formal action was taken against them.
Executive agency
An executive agency, also known as a next-step agency, is a part of a government department that is treated as managerially and budgetarily separate in order to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Assembly or Northern Ireland...
of the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
, which provides wider access to criminal record information through its Disclosure service for England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
. The equivalent agency in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
is Disclosure Scotland
Disclosure Scotland
Disclosure Scotland is an executive agency of the Scottish Government, providing a service aimed to enhance public safety. The agency supplies prospective employers and voluntary sector organisations with any criminal record information on applicants for posts....
and in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
is Access Northern Ireland.
The CRB service enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially that involve children or vulnerable adults. In 2007, the CRB processed 3.4 million checks.
The CRB had been due to partner with the Independent Safeguarding Authority
Independent Safeguarding Authority
The Independent Safeguarding Authority is a British non-departmental public body created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard that was set up in the wake of the Soham Murders...
in administering the newly created Vetting and Barring Scheme from 2009. This was suspended in 2010 pending a review following the 2010 General Election
2010 general election
2010 general election may refer to:* Anguillan general election, 2010* Australian federal election, 2010* Bougainvillean general election, 2010* Brazilian general election, 2010* Burmese general election, 2010* Cook Islands general election, 2010...
. This review was published in February 2011, making recommendations for the merger of the Criminal Records Bureau and Independent Safeguarding Authority into one new non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
, responsible for barring individuals and completing criminal record checks. Under the Protection of Freedoms Bill, the new scheme will not require registration, nor will any details be retained on a database. The scheme would have required all adults who teach, train, supervise or care for children or vulnerable adults on a frequent or intensive basis to register, with criminal offences for non-compliance. This was estimated to comprise approximately 11.3 million people (a quarter of the adult population).
Overview
The CRB was established under Part V of the Police Act 1998 and was launched in March 2002, following public concern about the safety of children, young people and vulnerable adults. It was found that the British police forces did not have adequate capability or resources to routinely process and fulfil the large number of criminal record checks requested in a timely fashion, so a dedicated agency was set up to administer this function.One of the main reasons for the formation of the Criminal Records Bureau was to reduce the risk of organisations being sued for employing convicted criminals who went on to abuse vulnerable people while in the course of their duty, as the 1990s saw an increase in the American-influenced compensation
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
culture across Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
An organisation which is entitled to ask exempted questions (under the Rehabilitation of Offenders Act 1974
Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is...
) must register with the CRB before they can request Disclosure data about an applicant. The individual applies to the CRB with their application countersigned by the organisation. The applicant's criminal record is then accessed from the Police National Computer
Police National Computer
The Police National Computer is a computer system used extensively by law enforcement organisations across the United Kingdom. It went live in 1974 and now consists of several databases available 24 hours a day, giving access to information of national and local significance.From October 2009, the...
(PNC), as well as checked, if appropriate, against lists of people considered unsuitable to work with children and vulnerable people maintained by the Independent Safeguarding Authority
Independent Safeguarding Authority
The Independent Safeguarding Authority is a British non-departmental public body created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard that was set up in the wake of the Soham Murders...
and others; these include the ISA Children's list, the ISA Adults' list and List 99. Copies of completed disclosures are sent to the applicant and the countersignatory organisation.
Employers and temporary staff agencies
Temporary work
Temporary work or temporary employment refers to a situation where the employee is expected to leave the employer within a certain period of time. Temporary employees are sometimes called "contractual", "seasonal", "interim", "casual staff", "freelance", or "part-time"; or the word may be shortened...
have bemoaned the time it takes for a worker to be cleared by the CRB and in an effort to cut waiting times the government allowed the establishment of "ISA Adult First". Registered bodies may check whether an applicant appears on the Protection of Vulnerable Adults (POVA) list through this online checking system, which takes around two working days to turn around. If the check is clean the body may provisionally employ the applicant, subject to an increased level in supervision, until the return by post of the full disclosure.
Disclosure process
The process by which the CRB provides criminal recordCriminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
data is called "Disclosure". There are two levels of Disclosure: Standard and Enhanced. These checks cannot be obtained by members of the public directly but are only available to organisations and only for those professions, offices, employments, work and occupations listed in the Exceptions Order to the Rehabilitation of Offenders Act 1974.
A third form of disclosure, the "Basic Disclosure", is not currently available, but is intended for individuals to obtain copies of their own criminal record, though members of the public can currently do this by requesting 'subject access' under the Data Protection Act from any British police force, regardless of where the subject lives.
Standard disclosure
The standard disclosure is primarily for positions involving regular contact with children or vulnerable adults, but can also be used for some other professions of high responsibility (for example, accountancy). Standard Disclosures reveal details of any convictions, cautions, reprimands and final warnings the applicant has received, regardless of length of time since the incidents; together with details of whether that person is banned from working with children or vulnerable adults (if these details have been requested). The CRB aims to issue Standard Disclosures within 10 days of receipt of the application.As of 12 October 2009, the Standard Disclosure is checked only against the PNC. This is due to the rollout of the ISA Adults and ISA Children's lists, against which the Standard Disclosure cannot be checked. Any Standard Disclosure applications being sent to CRB from the 12th October onwards with the relevant boxes on the application form selected are rejected by the CRB mailroom. The price of the Standard Disclosure was lowered from £31 to £26 to reflect these changes.
Enhanced disclosure
Enhanced disclosure is for positions involving greater contact with children or vulnerable adults (for example: teachers, nurses, midwives, doctors, dentists, social workers, student nurses, student midwives, medical students, dental students, pharmacists, pharmacy students) and for certain additional professions (for example, judicial appointments). In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of children or vulnerable people. Examples include working as a teacher, or Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences.In addition to the information provided on a Standard Disclosure, the Enhanced Disclosure involves an additional check with the police, who check if any other information is held on file that may be relevant (for instance, investigations that have not led to a criminal record). The police decide what (if any) additional information will be added to the Disclosure. In rare circumstances the police may write to the employer separately giving confidential information about an ongoing criminal investigation into the applicant. This information may not be released to the applicant and the employer cannot reveal it to them.
The CRB aims to issue Enhanced Disclosure within 28 days of receiving the application, however the involvement of local police forces can affect the time taken to process an Enhanced Disclosure application.
Reviews
The procedures of the CRB were tightened following the Soham murdersSoham murders
The Soham murders was an English murder case in 2002 of two 10-year-old girls in the village of Soham, Cambridgeshire.The victims were Holly Marie Wells and Jessica Aimee Chapman...
trial. Ian Huntley, a former caretaker, was found guilty of murdering two girls of a Cambridgeshire
Cambridgeshire
Cambridgeshire is a county in England, bordering Lincolnshire to the north, Norfolk to the northeast, Suffolk to the east, Essex and Hertfordshire to the south, and Bedfordshire and Northamptonshire to the west...
secondary school in 2002. Huntley had been suspected of a string of offences including rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, indecent assault
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...
and burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
. His only conviction before the murders was for riding an uninsured and unlicensed motorcycle, but a burglary charge had remained on file. In January 2006, following controversies resulting from cases where staff had been hired by schools before a full CRB check had been carried out, the Department for Education and Skills stated: "Employers should obtain a CRB Enhanced Disclosure in respect of all teachers they recruit before the person is placed in a school." Huntley had been hired in November 2001, before the CRB came into force.
Sociologist Frank Furedi
Frank Furedi
Frank Furedi is professor of sociology at the University of Kent, United Kingdom. He is well known for his work on sociology of fear, therapy culture, paranoid parenting and sociology of knowledge....
has stated that CRB checks cannot provide a "cast-iron guarantee that children will be safe with a particular adult", and that their use has created an atmosphere of suspicion and is "poisoning" relationships between the generations, with many ordinary parents finding themselves regarded as "potential child abusers". The restrictions imposed by the CRB check process have contributed to a shortage of adult volunteers in organizations such as Girlguiding UK
Girlguiding UK
Girlguiding UK is the national Guiding organisation of the United Kingdom. Guiding began in the UK in 1910 after Robert Baden-Powell asked his sister Agnes to start a group especially for girls that would be run along similar lines to Scouting for Boys. The Guide Association was a founder member of...
.
- In February 2004, the National Audit OfficeNational Audit Office (United Kingdom)The National Audit Office is an independent Parliamentary body in the United Kingdom which is responsible for auditing central government departments, government agencies and non-departmental public bodies...
criticised the CRB for "huge" delays. - In May 2006, the Home OfficeHome OfficeThe Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
revealed that about 2,700 people were mislabelled as criminals during checks.
In 2009, the CRB's Enhanced Disclosure was criticised for including details of any minor contact an individual has had with the police, even where no formal action was taken against them.
External links
- Criminal Records Bureau — official site
- The CRB explained: How the criminal records bureau operates — Guardian Unlimited, December 17, 2003.
- Disclosure Scotland - official site