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| The following professions fall under The Exceptions Order in The Rehabilitation of Offenders Act 1974 (Exceptions order) 1975. Schedule 1, Articles 2(3), 3 and 4. |
Excepted professions, offices, employments, work and occupations:
• Care Provider
As defined by: The Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001 which are the main pieces of legislation that specifically regulate care providers in England, Wales and Scotland. Separate, but similar, legislation exists for Northern Ireland.
Care providers regulated by the Care Standards Act 2000 include:
• care homes for elderly people aged over 65 years
• care homes for adults aged 18-65 years
• children's homes
• "small" homes that provide residential care for up to three adults
• domiciliary care providers
• businesses and organisations that visit and care for people in their own homes
• fostering and adoption agencies
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CRB Disclosure for the care profession
A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, all applicants called for interview should be encouraged to provide details of their criminal record at an early stage in the application process. This information is sent under separate, confidential cover, to a designated person within the organisation and is guaranteed that this information is only seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows the organisation to ask questions about an entire criminal record then you can only be asked about "unspent" (current) convictions as defined in the Rehabilitation of Offenders Act 1974.
POVA in England & Wales for care homes and domiciliary care agencies: A Practical Guide.
Click here to download.
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