Using direct payments for an Enhanced CRB Check

How to use direct payments for obtaining an criminal record check on who you employ if you pay for your services through direct payments.

The Government would like to see more people using direct payments to pay for their homecare services. With direct payments you can arrange your own help and support so that you can have more choice and control over the way you live your life, however, this also put's more responsibilities on the individual receiving the services to obtain their own enhanced disclosure on the person that they employ as their care assistant.

So why would you need to have an crb check on your care assistant?

If you employ a carer directly, you will take on certain responsibilities as an employer. This is the case regardless of whether you employ someone for a few hours a week or full time.

A criminal records check will identify people who may be unsuitable to undertake care for you or anyone else because they may have a criminal record. Whilst there is not a legal requirement for service users to carry out criminal record check on prospective employees (carer's), this actually reduces the risk of abuse by ensuring that those who are unsuitable are not able to work within the care sector.

Most social service departments generally recommend that you have all potential workers checked with the crb before you appoint them just to make sure, or if you have already got someone working with you.

What if someone has already told me they have a criminal record do I need the crb check?

The crb checks are not designed to replace the information you have requested from prospective employees. It is designed to confirm what they have disclosed to you is the correct.

A positive criminal record check does not mean that you cannot employ someone with a criminal record - it merely confirms what they have disclosed to you is accurate information.

The ultimate decision on whether to employ the person, is your responsibility and your choice.

As part of our checking process we also check the applicants details against the Protection of Vulnerable Adults list (now known as the Independent Safeguarding Authority). This list contains details of any person who has been barred from working in a social care setting for Adults or Children

So how do you get an crb disclosure?

Individuals cannot apply to have a disclosure completed themselves. Only registered organisations or a provider like us are able to undertake the criminal record checks on your behalf.

If you require a potential worker or are already employing someone and you would like an enhanced check to be completed, then an application form will need to be completed by the person you would like to obtain the information on. You have to have the persons consent before sending the application form off. You will also need to sign a confidentiality agreement confirming that you acknowledge that the information that is disclosed is highly confidential and that you will not disclose this information to a third party without the applicant's consent unless required to do so by law.

The applicant will need to provide several forms of identification and proof of their current address. Information about this is provided with the application form. Once the applicant has completed the application form and provided the correct forms of identification, we will send the forms off for the process to be undertaken.

When the criminal record check has been completed, a copy of the information will be sent to us and a copy to the applicant. We will forward the information received to you.

Is there a charge for this service?

There is a charge for this service, and will include the Independent Safeguarding Authority enhanced check. This will enable you to make an informed decision before they commence their work with you.

A enhanced disclosure will reveal the following

• Any current and spent convictions
• Cautions, reprimands and warnings recorded on the Police National Computer
• Information on the Independent Safeguarding Authority list
• Information on the Section 142 Education Act 2002 list
• Local police information

Please Note: The criminal records bureau does not hold disclosure information. We have links with various overseas agencies and can arrange to have police checks undertaken on foreign nationals - Please contact us for more information about applying for police checks in other countries. Most foreign countries require the consent of the applicant in making the application and some require the applicant to make the application themselves.

What do I do with the information once I have received it?

Current Data Protection legislation requires that all personal information should be held only for as long as is necessary. You will need to fomulate your own policy in regards to this but generally it is recommended only for the information to be kept long enough for you to make an informed decision about employing the applicant. If you wish to keep the check longer than this we would recommend you seek permission from the applicant and ensure that any policy for the destruction and retainment of the records is compliant with current law.

What happens to the information when the person is no longer employed by me or does not take up the offer of employment?

You will need to destroy the disclosure paperwork and any other personal information held on them, in line with Data Protection legislation - unless there is a legal or contractual requirement to keep it longer. There is currently no legal requirement to inform the person their records will be destroyed and on what date.

Is the information disclosed really highly confidential?

Yes! Organisations undertaking a enhanced disclosure must comply with the criminal records bureau Code of Practice and it is a requirement of our company in undertaking an enhanced disclosure check, that you confirm you have read and agreed to the criminal records bureau Code of Practice. This ensures that the process works fairly and securely. The criminal records bureau is also committed to the Data Protection Act, so any information given is protected, guaranteed!

If you think that this a service that you or a family member who uses direct payments could benefit from then please contact us.