Who needs a Criminal Records check?
There is no definitive list but generally it applies to people who will be working with children or vulnerable adults in an establishment that is wholly or mainly for children. Or: in healthcare; or have applied to be a foster carer, adoptive parent or childminder.  But employers should be careful not to misuse the system, checks should only be used for individuals working with the above groups.  Misuse of checks could be a criminal offence, under the Rehabilitation of Offenders Act (1974), which is designed to prevent discrimination against people with minor criminal records from many years ago.

Two levels of check are available
Standard Disclosure. For posts that involve working with children or vulnerable adults. It contains details of all convictions, cautions, reprimands and warnings held by the Police.
Enhanced Disclosure. Are for individuals regularly caring for, training, supervising or being in sole charge of children or vulnerable adults. Examples include a Teacher, Scout or Guide leader. Enhanced Disclosures are also issued for certain statutory purposes such as gaming and lottery licences. Enhanced Disclosures contain the same information as Standard Disclosures but with the addition of local police force information considered relevant by the Police.

Is there a time limit?
There is no fixed time limit. A check is a snapshot in time only and employers need to consider if the length of time between checks and the level of risk warrant a new check.

Can a check be transferred when employment changes?
Yes, but employers should consider the time between checks and the level of risk in the new occupation.

How can employers have their staff checked?
All checks have to go through an organisation that is registered with the Criminal Records Bureau (CRB). This means either the employer is directly registered or the employer pays for an organisation that is registered to administer the process on their behalf.

How much does it cost?
The fee paid to the CRB for Enhanced checks is £34 and Standard checks £29. In general applicants pay this fee but employers may decide to reimburse them. But if an employer is not registered with CRB they will have to use an 'umbrella body' to carry out the check for them. In that case the employer will be charged an additional administration fee. Volunteers, (i.e. those people who receive no pay for their work, just incidental expenses) are entitled to a free check.

Can the self-employed be checked?
No, it is not possible for self-employed individuals to be checked. The best route for them is to seek employment through an agency which is registered with the CRB.

What changes are planned for the future?

• It will be a criminal offence for employers if they are found to have hired people to work with children or vulnerable adults without carrying out checks.

• All those convicted or cautioned for any sex offence against a child from now on to be banned from working with children.

• Employers will be able to make instant online checks through a "secure system" rather than use the current, paper-based process. They will also be notified if any new information about their staff comes to light.

• Parents will be able to check that private tutors have not been barred.

More information is available on the CRB web site indexed opposite.