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CRB Disclosure for the nanny profession

Authority to ask an Exempted Question

POCA, List 99

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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:

• Child care position

As defined by: Protection of Children Act 1999

(a) is concerned with the provision of accommodation, social services or healthcare services to children or the supervision of children: and

(b) is such as to enable the holder to have regualr contact with children in the course of his duties.

CRB Disclosure for the nanny 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, e.g. via a nanny agency, 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.

Please note:
At present, there is no provision for parents to gain direct access to criminal record information in respect of a person that they might wish to privately employ as a nanny. If, however, he/she was hired via a nanny agency and a CRB check was completed, if it is more than a year old, it is advised a new check be performed.