A new process for checking on the suitability of prospective staff is now coming into effect. Alison Mercer answers common questions
This is a time of unprecedented standardisation in the regulation of early years care and education. For the first time, registered childcare providers are implementing national standards and being regulated by a national body, Ofsted. From March 11 a new national organisation, the Criminal Records Bureau (CRB), is taking on responsibility for police checks.
Ofsted says that not all local authorities carried out police checks, and different police departments had different requirements. However, police checks carried out under the old system will stand. The CRB will check new childcarers, childcarers at new settings and new people living or working at childminders' homes and existing providers where Ofsted has cause for concern.
Why has the CRB been set up and what will it offer? The CRB has been set up to improve access to criminal record checks. It provides a service to employers and voluntary groups called Disclosure, which helps them to establish the background and suitability of candidates. The CRB's highest priority is the protection of children from potential abusers.
Until now, most employers have had no way of checking a person's background and the voluntary sector in particular has had very limited access to checks. The police carried out checks, but lack of resources led to delays in getting clearance.
The CRB is set up under Part V of the Police Act 1997, which allows employers to ask prospective employees or volunteers to apply for and produce a criminal conviction certificate - the Basic Disclosure. Employers have to be registered with the Bureau or go through an 'umbrella' registered body and have the consent of the applicant to apply for the Standard and Enhanced Disclosures, now available. The Bureau is run by private contractor Capita and based in Liverpool.
What are the three levels of check?
The Disclosure service is a one-stop shop, providing access to police records and two Government lists of people deemed unsuitable to work with children: the Department for Education and Skills' list of people barred from working in schools, List 99, and the Department of Health's Consultancy Service Index.
If a candidate has lived in Scotland, their details may also be passed to the Scottish Criminal Records Office (SCRO) for checks. For Scottish childcarers, the checks will be provided by Disclosure Scotland, part of the SCRO, launching in April. Disclosure Scotland will offer the same three levels of check.
Basic Disclosure, available from mid-2002, is a criminal conviction certificate. It excludes convictions 'spent' under the Rehabilitation of Offenders Act 1974 or cautions. The applicant applies to the CRB directly and the certificate is sent to the applicant only; the applicant can then choose whether to show it to the employer.
Standard Disclosure is appropriate for anyone involved in working with children. It includes details of all convictions on record, including 'spent' convictions, cautions, reprimands and warnings. It will also give any information from the lists of people unsuitable to work with children.
Enhanced Disclosure is suitable for anyone involved in regularly caring for, training, supervising or being in sole charge of children. Childcarers working with pre-school children will generally be subject to this level of check. It provides the same details as the Standard Disclosure plus a check with local police forces for any additional relevant information.
Standard and Enhanced Disclosure application forms must be signed by both the individual and an organisation registered with the CRB. Ofsted will act as the registered body for all the childcare services that it regulates.
Some childcare providers were sent application packs to become registered bodies but have since been advised to ignore them. LEAs may become registered bodies to handle checks on behalf of schools or schools can register themselves.
Nannies are not required to have police checks, but nanny agencies can become registered bodies and so access Enhanced Disclosures, the appropriate level of check for a person in sole charge of a child.
The CRB promises to process checks fast; it aims to provide 95 per cent of Standard Disclosures within a week, and 90 per cent of Enhanced Disclosures within three weeks.
How much will checks cost?
The CRB is intended to be self-financing. It will charge 300 for an organisation to become a registered body and 12 for each type of check. The Department for Education and Skills is paying for Disclosures for childcarers in England and Wales in the first year and will decide who pays for checks after that. Applicants to Disclosure Scotland will have to pay the 12 fee, although charges have been waived for volunteers.
How do I apply for police checks when registering a new service?
- Obtain an Ofsted application pack from the local Children's Information Service or from a childminders' pre- registration briefing session.
- Send the completed pack to your Ofsted regional centre. Ofsted will send a standard letter in return, explaining how to apply for a CRB Disclosure and including the Ofsted unique registered body number.
- Phone the CRB, quoting the Ofsted number, and give basic personal information, including national insurance number, any previous names, addresses in the past five years, employment status and the name and address of a referee. The CRB will then send a form containing the details given over the telephone.
- Check the form, fill in any further information asked for, and sign.
- Hold on to the form until the Ofsted inspector visits. Show the inspector your original documents, such as passport or birth certificate, to prove your identity and any name changes. The inspector will also check the form to ensure it has been completed accurately and send it to the CRB. Both you and Ofsted will receive a copy of the Disclosure from the CRB.
- You may phone the CRB on behalf of employees or, in the case of childminders, assistants and household members, they may phone for themselves. Forms and original identification documents for all employees and household members will also need to be shown to the inspector.
How do I apply for a police check for a new employee?
Obtain a police check for new employees when a provisional offer of employment has been made. The procedure is the same for new people living in a childminder's home.
Tell Ofsted about the new person, either by telephone or by filling in the appropriate form. Ofsted will send you a standard letter with guidance on obtaining a Disclosure, and you or the new employee should telephone the CRB and give the Ofsted number and provide personal details.
The CRB will then send a form showing the information given over the telephone for the employee to check and sign. You are then responsible for checking the person's identification documents and sending off the form to the Ofsted regional centre, and Ofsted will pass it on to the CRB. Both you and Ofsted will receive a copy of the Disclosure from the CRB. NW
