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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. |
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Excepted professions, offices, employments, work and occupations:
• Fostering
Foster carers share the responsibility for the child with a local authority and the child's parents.
Fostering is usually a temporary arrangement but, sometimes, foster care may be the plan until the child grows up. This long term or "permanent" fostering cannot provide the same legal security as adoption for either the child or the foster family, but it may be the right plan for some children.
• Adoption
A court will make an adoption order after the child has lived with the adopters for at least 13 weeks. This period does not start until the child is six weeks old, so no order is ever made before a child is 19 weeks old.
The court appoints a Reporting Officer, who checks that the birth parents understand what adoption is about and witnesses their agreement to the adoption order being made.
If the birth parents do not agree to adoption the court can still often make an adoption order but this takes longer. A Children's Guardian (in England and Wales) or acurator ad litem (in Scotland) will be appointed to look into the situation and advise on whether an adoption order should be made.
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CRB Disclosure for the adoption and fostering
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.
Disclosure checks for individuals who are involved in the care of a fostered child but who are not approved foster carers
This link will take you to everychildmatters.gov.uk - a detailed resource for those concerned with childcare professions. However, the details specific to CRB Disclosures for those who are not approved foster carers but are involved in the care of a fostered child, e.g a relative or baby-sitter, can be downloaded here:
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