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Legislation in summary
As regards all employment agencies, inclusive of nanny, au pair, domestic staff or introduction agencies, the law is vey clear and all employment agencies MUST obtain a CRB Disclosure for candidates they are supplying.
Some agencies continue to avoid the issue citing there is no existence of an Act specific to their business. This is innacurate as legislation is already in place, summarised below, to which ALL employment and introduction agencies must adhere.
1. Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000
Under the Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000, it is an offence for ANY ORGANISATION to OFFER employment that involves regular contact with young people under tha age of 18 to anyone who has been convicted of certain specified offences, or included on lists of people considered unsuitable for such work held by the DfEE (List 99) and the Department of Health. (PoCA - Protection of Children Act list)
Source CRB booklet issued April 2001, Reference 2117, "Employing people with conviction", page 9.
2. Data Protection Act 199.
Since March 2002, it has been an offence for organisations to require applicants to run police checks on themselves under Sec 56 of the Data Protection Act 1998.
Source CRB booklet issued April 2001, Reference 2117, "Employing people with conviction", page 7.
3. Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975)
The Rehabilitation of Offenders Act gives individuals the right not to disclose details of 'spent' offences if asked about their criminal record. However, for certain excepted professions, offices and employments, ex-offenders have to disclose information about spent, as well as unspent convictions, provided the employer states clearly on the application form or at the interview that the job applied for is exempted. Exempted occupations are:
General Care and Teaching
• All persons working with children
• All persons working with vulnerable adults
• A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place.
• A person living in the same household as a person whose suitability is being assessed for a position working with children and who lives on the same premises where their work with children would normally take place.
• For adoption purposes
• For foster caring purposes
Source CRB booklet issued April 2001, Reference 2117, "Employing people with conviction", page 6.
4. Care Standards Act 2000
http://www.hmso.gov.uk/acts/acts2000/20000014.htm
Offences
Failure to comply with conditions.
24. If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Contravention of regulations.
25. - (1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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