CRB and VBS Changes Announced for 2011

February 14th, 2011 No comments »

In February 2011 it was announced that there will be substantial changes to the current system for CRB checks, in particular for those employed with vulnerable adults and children.

The current system

On 12 October 2009 new regulation (known as VBS – Vetting & Barring Scheme) was introduced to widen the scope of Enhanced CRB checks for those working with vulnerable adults and children.  These changes effectively meant that even those working on a part time basis of a few days per month were subject to CRB and / or VBS checks.  Specifically the 2009 changes included:

  1. The Independent Safeguarding Authority (ISA) to administer two new “barred lists” for replacement of the previous lists maintained by different government departments; List 99, PoCA (Protection of Children Act) and PoVA (Protection of Vulnerable Adults)
  2. Standard CRB checks can no longer be provided to screen those who work with vulnerable adults or children, such employments require Enhanced CRB checks.
  3. Regulated activity for Enhanced CRB checks expanded to include more areas of employment. Specifically this included “Frequent” employment activity (takes place more than once per month); “Intensive” employment activity (takes place 3 or more days in any 30 day period); “Overnight” employment activity.

New changes announced in February 2011

The precise details of the changes and the dates for implementation have yet to be clarified but the changes proposed include:

  1. The ISA and CRB organisations are to be merged into a single entity to provide a “proportionate” barring and criminal records checking service.
  2.  CRB checks to be portable between employments.
  3. Prevention of employers requesting CRB checks on individuals when they are not entitled to them.
  4. A large reduction in the number of positions requiring CRB and VBS checks.

It has been estimated that the new changes will result in a reduction in the number of people in employment requiring VBS and criminal records checks by more than 9 million.

More details are to be announced in 2011.

If you would like to know more about the employment screening services provided by Credit Check Services please call us on 01992 719 234, or visit our website www.credit-check-services.co.uk

No comments »

Posted in Employment Screening

Tags:

CRB Disclosures, Basic, Standard and Enhanced

January 31st, 2011 No comments »

There are three levels of CRB disclosure termed Basic Disclosure, Standard Disclosure and Enhanced Disclosure.  Often it is unclear as to what type of disclosure is relevant for a given employment so we aim to provide some more clarity here. 

CRB Basic Disclosure

The Basic level of disclosure provides details of any “unspent” criminal offences.  Under the Rehabilitation of Offenders Act 1974 anyone who has been convicted of a criminal offence will (depending on the punishment awarded) have the right to what is effectively a “fresh start”, thus after a certain period of time an offence becomes “spent” and is no longer disclosed.  The period before an offence is “spent” will vary according to the severity, here are some examples (for those aged 18 of over at time of conviction):

  • Imprisonment of more than 2.5 years.  The offence is never spent.
  • Imprisonment of 2.5 years or less, but more than 6 months.  The offence is spent after 10 years.
  • Imprisonment of 6 months or less.  The offence is spent after 7 years.
  • Fines and/or community sentence.  The offence is spent after 5 years.
  • Conditional caution.  The offence is spent after 3 months.

At an interview a candidate does not have to disclose any offence that is considered “spent” unless their employment is for a role defined by the Exceptions Order [ Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 ] that may specify such disclosure (see Standard and Enhanced CRB Disclosure). 

Standard CRB Disclosure

The Standard level of disclosure provides details of both spent and unspent offences.  The disclosure at this level can be made for specific roles of employment as provided for in Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.  The roles cover the following examples (this is not an exclusive list):

Law – Barristers, Solicitors, Police Officers, Judicial appointments.

Healthcare – Nurses, Chartered Psychologists, Dentists, and Pharmaceutical Chemists.

Finance – Chartered Accountants, Directors / Controllers of insurance companies, Mortgage Advisers

Other – Firearms dealers, Veterinary Surgeons, RSPCA members involved in the humane killing of animals. 

Enhanced CRB Disclosure

The Enhanced level of disclosure will, in addition to the Standard level of disclosure, include additional checks of local police force data and other databases considered relevant to the role of employment.

The Enhanced level of disclosure is designed for those who have regular contact with children or vulnerable adults.  Such employment would include Teachers, Scout or Girl Guide Leaders.  The Enhanced level of disclosure is also relevant for certain roles involving gaming and lottery licences.

Summary

As an employer it is necessary to respect the level of CRB disclosure and to be aware of what information an employee or prospective employee is required to disclose.  For example an employment questionnaire may ask for the candidate to list any criminal offences, however if the candidate’s offence is considered spent and the role does not have a regulatory requirement for disclosure, the candidate can answer “no” to this question.

If there is any doubt as to the level of CRB disclosure required for a given role of employment then advice should be sought from the relevant regulatory body or legal services company.

No comments »

Posted in Employment Screening

Tags:

CPNI checks for employers

January 22nd, 2011 No comments »

CPNI refers to the Centre for Protection of National Infrastructure.  There is a requirement for the safeguard of the UK’s national infrastructure, and this includes requirements for a high level of security that extends to the screening of employees. The standards for CPNI checks not only apply to those companies designated part of the UK’s national infrastructure, but often CPNI checks extend to employees of supplier companies.  So what are CPNI checks?

There are four main areas of focus for CPNI employment screening, these are:

1 – Employee’s identity verification

2 – Verifying the employee’s right to work in the UK

3 – Confirming employment history and qualifications

4 – Criminal record checks

The employment screening is normally categorised into 3 areas for minimum, medium and high level of screening.  Each level of screening requires an increasing level of investigation.  At the base or minimum level of screening it is sufficient for an employee to provide a self certified declaration of criminal record, conversely at the highest level an employee will require a CRB disclosure certificate and verification of all relevant academic qualifications and professional memberships.

At Credit Check Services we provide screening for all UK employment sectors.  If you would like to know more about our CPNI employment screening, or if you would like a quotation for other aspects of employment screening, call Credit Check Services on 01992 719 234.

No comments »

Posted in Employment Screening

Tags:

Choosing the right company for financial background checks

January 17th, 2011 No comments »

We thought it would be useful to remind anyone seeking a financial background check the importance of selecting a company that will carry out the necessary searches for adverse data such as CCJs, Court Decrees, Bankruptcy, Sequestration, or voluntary arrangements such as IVAs.

Today we had another customer who has started to use our services after switching from another supplier; they initially “tested” our services by asking us to check an individual who was suspected of having adverse financial history that their previous screening company could not find.  When Credit Check Services carried out the search we found a CCJ, it was not linked to the applicant’s current address provided but instead a previous address that they did not provide.

We strongly recommend that for any person being screened you obtain evidence of:

1 – The applicant’s identity, such as their passport to verify the person stood in front of you.

2 – Original copies (ideally 2 or more) of a bank statement, utility bill, council tax bill, or other official document that shows their name and address. 

Next, when obtaining a financial background check, if you do not feel confident that the applicant has provided evidence of address history then Credit Check Services will  carry out additional screening to help ensure any adverse financial data (should it exist) is found.

If you have any questions about carrying out financial background checks please call Credit Check Services on 01992 719 234.

No comments »

Posted in Background Checks

Tags:

Employment legislation changes scheduled for 2011

January 11th, 2011 No comments »

There are many changes expected for 2011, below we have listed some key epxected events for 2011:

1st January 2011. 

The national minimum wage can no longer include travel expenses to temporary places of work.

3rd April 2011.

Paternity leave changes will allow a father to claim up to 6 months (26 weeks) of the mother’s paternity leave provided that she has returned to work.

4th April 2011.

Public Bodies “Single Equality Duty” comes into effect. Harmonising the current separate duties for example; gender, sexual orientation, race, disability, and religious belief.

6th April 2011.

Default retirement age abolished (with exceptions for specific employment such as Police, Armed Services, etc).

Income tax personal allowance increased by £1000 to £7475 for those under 65 years of age.

The right of an employee to request time off for training or study will be extended to companies with less than 250 employees.

April 2011.

The Bribery Act 2010 will come into force, see our previous post on this subject (Bribery Act 2010)

Eligible employees (employed 26 weeks or more) will have the right to flexible working where they have children under 18 years of age (previously this was 17 years of age).

No comments »

Posted in Employment - other

Tags:

Obtaining employment by deception – offence under the Fraud Act 2006

January 10th, 2011 No comments »

It is an offence to “obtain a pecuniary advantage by deception” under the Fraud Act 2006 (previously the Theft Act 1968).  This offence can also apply to someone obtaining employment by deception and there is plenty of case law established with prison sentences often being the result for those who have committed the offence.

Clearly the severity of the offence will have some bearing on whether a prosecution is pursued and ultimately the sentencing handed out by the courts.  As an example there have been cases where people have used false passports to obtain employment such as the case: Adebayo [2007] EWCA Crim 878, wrongfully using passports to obtain employment.  The sentence for Adebayo was two years imprisonment (reduced to 15 months on appeal).

It can also be a very serious offence where someone obtains employment by falsely stating qualifications or obtaining qualifications by deception in order to gain employment.  One example is a midwife working for Hampshire NHS who was sentenced to 32 weeks suspended for 12 months after using a falsely obtained qualification to gain employment.

As a responsible employer it is clearly necessary to carry out appropriate identity and background checks before providing employment, not only to ensure the right person has been hired but also to protect clients and members of the public from any subsequent issues arising from someone who obtains employment by deception.

If you would like advice about services for employment screening and background checks please contact Credit Check Services on 01992 719 234.

No comments »

Posted in Background Screening, Employment Screening

Tags:

Who should be subject to pre employment screening?

January 6th, 2011 No comments »

We are often asked to advise companies on the most suitable type of screening and also the level of staff and executives to screen.

There is no one solution for every company, a key factor is any regulatory compliance required as part of business operations.  For example, for companies regulated by the FSA it may be necessary to screen staff at every level including members of the board.

Credit Check Services has carried out criminal and financial screening of personnel holding distinguished titles such as Lord and Major General; no one is immune to employment screening requirements where regulatory compliance applies.

If you have any questions about which staff to screen and the level of pre employment screening required then contact Credit Check Services on 01992 719 234.

No comments »

Posted in Employment Screening

Tags:

Employee background check – 10 areas to consider

December 22nd, 2010 No comments »

Increasingly employers are seeking to carry out more detailed background checks on new recruits.  The problem for many employers is knowing what type of employee background check to carry out.  To help we have listed 10 employment screening options to consider:

1              Financial background check.  This can cover the basic CCJ, IVA and bankruptcy checks through to more comprehensive checks including money laundering.  Credit Check Services provides financial background checks online, with reports completed in one working day.

2              Criminal records check (CRB).  These can be Basic, Standard, or Enhanced.  The Basic disclosure is the most commonly purchased, this cover unspent criminal offences.  You can read more about the types of CRB check here

3              UK right to work.  For most non UK (or non EU) nationals the right to work in the UK is subject to restrictions.  As an employer there are large fines for employing someone that does not have the right to work in the UK.

4              Employment history.  Verifying the past employment history for accuracy.

5              Personal and character references.

6              Qualifications.  Verifying accuracy.

7              Professional memberships.  Verifying accuracy.

8              Company appointments.  Any existing appointments and also disqualifications from acting as a company director.

9              Sanctions.  Examples are HM Treasury and OFAC (Office of Foreign Asset Control).

10           Industry specific screening such as BPSS, BS7858 and the FSA Fit and Proper Persons Test.

The options selected will in some cases be industry sector mandated, such as BS 7858, however for most employers a financial background check is becoming the minimum level of screening, often in combination with a Basic CRB disclosure.

If you would like to discuss screening options please contact Credit Check Services on 01992 719 234.  Or visit our main website Credit-Check-Services.co.uk for more information.

No comments »

Posted in Background Screening, Employment Screening

Tags:

FSA Employment Screening

December 20th, 2010 No comments »

The FSA maintain a register of approved persons where an individual has been screened and approved in accordance with the principles of honesty, reputation and integrity, along with other competency and capability requirements.  The relevant screening is more commonly known as The Fit and Proper test for Approved Persons.

The FSA provides fairly comprehensive guidelines on how a person may be assessed but the end decision on whether an individual will be accepted as an Approved Person lies with the FSA.  No third party company can provide such approval, they can only conduct employment screening in support of an individual’s application to become an approved person.

A summary of the guidelines for assessing a person for “honesty, integrity and reputation” may include:

1 – Criminal records history.

2 – Any civil actions such as CCJs, Court Decrees, Bankruptcy or Sequestrations.

3 – Subject of any FSA investigations or disciplinary proceedings.

4 – Any justified complaints of misconduct against the individual which relate to regulated activities.

5 – Whether the individual has been a director or partner of a firm subject to involvement or investigation by a regulator or professional body.

6 – Whether the individual has been dismissed or asked to resign from an employment.

7 – Whether the individual has been disqualified from acting as a director or other managerial capacity.

 

With regard to an individual’s competence and capability the assessment may include:

1 – The individual has the relevant training (FSA’s Training and Competence sourcebook) for the controlled function they are to perform.

2 – The individual has the required experience for the controlled function they are to perform.

If you would like to know more about FSA employment screening please call Credit Check Services on 01992 719 234

No comments »

Posted in Employment Screening

Tags:

Sharp fall in court debt proceedings

December 15th, 2010 No comments »

There has been a sharp fall in the number of court proceedings for money claims despite the poor financial climate. Figures published by the Ministry of Justice show a sharp decline from 2008 to 2010.

The actual figure for court proceedings initiated (all claims including money, land, and goods) show the following:

2008 (Q1 to Q3)                 1.562 million

2009 (Q1 to Q3)                 1.439 million

2010 (Q1 to Q3)                 1.222 million

In percentage terms there was a fall of 21.8% in proceedings initiated through civil courts.  The fall is slightly more when looking at money claims only which fell from 1.192 to 0.928 million, a fall of 22.2%.

At first glance the figures seem at odds with the current economic climate which would suggest that more people are experiencing financial hardship post “credit crunch”, in which case it may seem reasonable to expect an increase in claims made via the civil courts.

The probable explanation for the sharp fall in court proceedings could be partly explained by the more prudent lending in the last 2 years which will have resulted in less people taking on financial commitments that they are unable to afford.

That said with claims still averaging over 135,000 per month for 2010 (January to October) it is still around 1 civil court proceeding for every 20 adults each year.  Over a 6 year period (the life of the credit file data stored against individuals) this would equate to 1 civil court proceeding for every 3 adults in the England & Wales jurisdiction.

Credit Check Services specilaises in background screening of individuals, if you would like to find out more visit the main website at credit-check-services.co.uk

No comments »

Posted in Credit Check Services - other

Tags: