Q1: As an employment or introduction agency (inclusive of nannies, au pairs, butlers etc.), if I place a candidate, who does not have a recent CRB Disclosure and choose NOT to have one completed, am I committing an offence?
A: No. However, the candidate MUST disclose any spent and unspent criminal convictions and he/she must prove this to you. The only way to obtain this information is from the Criminal Records Bureau, via a Registered Body, in the form of a Disclosure - not a, now redundant, police check.
Q2: The said candidate is employed via my agency and it is, later, discovered he/she has a conviction (for a relevant offence e.g. child abuse), and is on List 99 or POVA or POCA, have I committed an offence?
A: Yes.
Q3: What is the penalty for comitting such an offence - I didn't know the candidate had a criminal record?
A: Ignorance is NO defence. The channels are open for you to ensure you have all facilities to complete the relevent vetting procedures. Should you choose to ignore such channels you will be liable to criminal prosecution.
Criminal Liability: Under the Employment agencies Act 1973 the penalty is a maximum fine of £1000. Under the Conduct of Employment Agencies
and Business Regulations 2002 is maximium £5000 fine.
Civil Liability: Where there has been loss or damage as a result of neglegence on the part of the agency (this includes death, injury and imparement of a person's physical or mental condition) the agency and staff are liable to civil prosecution.
Q4: Why should I expect candidates to have a CRB Disclosure completed?
A: Where relevant, your clients have the right to require persons they employ to disclose ANY criminal history when working with children or vulnerable adults and /or in positions of trust, whether or not via an agency. You have a Duty of Care to ensure the candidates you offer for employment are suitable for the position and only a CRB Enhanced Disclosure satisfies both these requirements.
Q5: My candidate states verbally that he/she does not have a criminal record, is this sufficient?
A: No. The candidate MUST disclose any spent and unspent criminal convictions and he/she must prove this to you. The only way to obtain this information is from the Criminal Records Bureau, via a Registered Body.
Q6: Is a Police Check the same as a CRB Disclosure?
A: No. A Police Check enables you to obtain information from the police under the public assess route using the Data Protection Act 1998 legislation. However, this is not acceptable for certain employment purposes, as it does not cover legislation under the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975 or Part V of the Police Act 1997.
A Police Check is not a CRB Disclosure and should not be accepted in place of one, whether Standard or Enhanced.
Q7: I haven't received my Disclosures certificate, what should I do?
A: Our database is updated immediately we receive our copy of your Disclosure and your Agency is notified. If you do not receive your copy within 14 days of the issue date (ask you agency for this information) you have 90 days from the issue daye to request a reprint from the CRB. After 90 days you cannot obtain a copy under any circumstances.
