PASA Inspection

To follow are questions raised by PASA to the CRB Registered Body Support Team (Policy Unit) in relation to compliance as per 12/02/2007. This information has come directly from our Registered Body's Team Leader at the CRB.

Q1. At present the recruitment agencies whom PASA check are permitted to destroy CRB Disclosures in line with the CRB's Code of Practice 6 month retention rule. If PASA wish to conduct yearly checks, would it be possible for us to request that these particular recruitment agencies be permitted to keep their Disclosures for a 12 month period or until the audit is carried out?

A. The six month retention period in regards to Disclosures or Disclosure information should only be exceeded in very exceptional circumstances which justify retention for a longer period. PASA, unlike CSCI, are auditing the agencies processes and, therefore, do not need to see the content of the Disclosures only that one has been applied for. Therefore, retention beyond 6 months would not be agreed. However, they may view the top third of the Disclosures that are still held within the six months only.

Q2. With regards to the online Tracking Service, are PASA able to ask Countersignatorys to enter their details on the system to enable them to check if a Disclosure has been carried out? PASA want to introduce this as part of their Terms and Conditions with the agencies. Our initial response was that it was a matter between PASA and the individual agency and could not be seen to endorse this as a CRB requirement - do you concur?

A. According to the CRB information about the online tracking service, it is a service available to Disclosure applicants, employers and Registered Bodies. This would only provide evidence that a Disclosure was currently in process, not a record of all Disclosures applied for, I agree that this is an issue that the Registered Body can resolve with PASA.

Q3. Some agencies are also Umbrella Bodies and they say that the Disclosures are sent to their clients. In order to determine if a Disclosure has been requested/received, PASA wish to visit the client. Their questions are:
(a) Are PASA permitted to go directly to the client organisation rather than the Umbrella Body and
(b) Can they view the entire Disclosure instead of the top third only?

A. The first part of this question is outside of the CRB's remit in that the practicalities of auditing are between the Registered/Umbrella Body. As previously stated PASA are not entitled to view the Disclosure information and, therefore, the client organisation, like the Registered/Umbrella Body, must follow the Code of Practice. They would only be able to view the top third of the Disclosures still held less than six months old.


How does Civil & Corporate Security Limited assist?

The audit process provided by Civil & Corporate Security Limited goes far beyond the PASA requirements. Through our unique system, developed with CRB and Home Office policies very much in mind, we demonstrate the date on which a Disclosure was applied, by whom, the applicant's details, date of issue and full results. If it were ever necessary to view the top third of a Disclosure (for which we have never been asked, thus far) we can fax through the sample one or two for you. Through Maxmedia1 Limited, our Umbrella Body, we hold the Disclosures in order to comply with the Data Protection Act in relation to storage and security and Home Office/CRB audits and inspections.

Sections 4 and 5 of the CRB Code of Practice and the Data Protection Act 1998, make it a criminal offence to disclose such information, which includes persons not appointed in law. The CSCI, for example, are a government department (by definition appointed in law) and, therefore, such information may be disclosed. PASA, however, are not and any request to do so is asking both you and us to break the law!

It is an offence to ask anyone to disclose Disclosure information with the exception of the following:
1. you have the written consent of the subject of the Disclosure
2. you have been asked by a government department
3. you have been asked by a person appointed to an office by virtue of any enactment (E.G. the Police)
4. you have been asked in accordance with an obligation to provide information under or by virtue of any enactment (E.G. a court)

Therefore, as a recruitment agency, should you choose to provide Disclosure information to PASA, please note you MUST have the written consent of each individual. Because of this legal requirement and the points detailed above, any request by PASA obtain/retain the top third of a Disclosure certificate is unlawful if over 6 months old.