CRB: A Time of Change…

There have been some important changes to the CRB checking service. Do you know where you stand?

The changes to the law (the Safeguarding & Vulnerable Groups Act 2006 & the Police Act 1997 Regulations) are being introduced through the Protection of Freedoms Act 2012.  I have been working closely with the Churches Child Protection Advisory Service (“CCPAS”) to understand the implications.

These changes include

  • a new definition of ‘Regulated Activity’;
  • statutory guidance on the supervision of children;
  • a minimum age at which someone can apply for a CRB check;
  • repeal of registration and monitoring;
  • repeal of additional (brown envelope) information;
  • repeal of controlled activity;
  • a more rigorous relevancy test for the police when they release locally held information through an Enhanced CRB check;
  • a new right of review for applicants of information released by the police; and
  • everybody within the pre-September definition of regulated activity will remain eligible for Enhanced level CRB checks, whether or not they fall within the post-September definition of regulated activity, but they will no longer be eligible for list checks.

The changes brought in by the act will also affect the work carried out by the Independent Safeguarding Authority (ISA):

  • most people will be barred from working with children and/or adults only if they have engaged, are engaging or might in the future engage in Regulated Activity; and
  • greater powers to review a person’s inclusion on a barred list.

Some things will stay the same:

  • referrals to the ISA should continue to be made;
  • organisations must not employ someone in Regulated Activity whom they know has been barred by the ISA;
  • regulated activity still excludes family arrangements; and personal, non-commercial arrangements.

If you would like to discuss the changes, why not get in touch: andrewkmackay[at]gmail.com.

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