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Changes as of 10th September 2012                                                     back

WRIGHTON EDUCATION SERVICES

   

This file tells you about important changes which the Government will be making to criminal records and barring arrangements and how they affect you.

 

Please read the following very carefully

The CRB are scaling back the criminal records and barring systems to more proportionate levels whilst ensuring that they continue to provide effective protection for those who need it. The changes to those systems are included in the Protection of Freedoms Act 2012, which recently received Royal Assent. The changes in the Act have not come into effect yet – but some of them will come into effect on 10th September 2012.

Until then, you should carry on as before.

Major changes starting 10th September 2012

• New definition of regulated activity.

 • There will no longer be a category of controlled activity.

 • Additional information (that which the applicant should not  know    about) will no longer be indicated on the disclosure. (although the police will still be able to contact employers where it is necessary to prevent crime or harm to others.)

• Minimum age (16) at which someone can apply for a CRB check.

• More rigorous ‘relevancy’ test for when the police release information held locally on an Enhanced CRB check.

      At the moment the police include information if it ‘might be

      relevant’ and ought to be disclosed. From September, they will

      include it if they ‘reasonably believe [it] to be relevant’ and

      consider that it ought to be disclosed.

Not changing

• You must still make appropriate referrals to the ISA if you have concerns about an applicant’s suitability to have contact with  children or adults.

• You must not engage in regulated activity someone whom you know has been barred by the ISA.

• Everybody within the pre-September definition of regulated activity will remain eligible for enhanced CRB checks (without a barred list check), whether or not they fall within the post-September definition of regulated activity.

This information relates to England and Wales

For more information on the changes and their background go to : www.homeoffice.gov.uk/publications/crime/disclosure-and-barring/leaflet

New definition of regulated activity – adults

 

The new definition of regulated activity relating to adults no longer labels adults as ‘vulnerable’. Instead, the definition identifies the activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. This means that the focus is on the activities required by the adult and not on the setting in which the activity is received, nor on the personal characteristics or circumstances of the adult receiving the activities. There is also no longer a requirement for a person to do the activities a certain number of times before they are engaging in regulated activity.

 

There are six categories of people who will fall within the new definition of regulated activity (and so will anyone who provides day to day management or supervision of those people). A broad outline of these categories is set out below. For more information please see the Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012.

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(i)              Providing health care

Any health care professional providing health care to an adult, or anyone who provides health care to an adult under the direction or supervision of a health care professional. Please see the Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012, for further details about what is meant by health care and health care professionals.

.

(ii)            Providing personal care

Anyone who:

·       provides physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of an adult’s age, illness or disability;prompts and then supervises an adult who, because of their age, illness or disability.

·       prompts and then supervises an adult who, because of their age, illness or disability, cannot make the decision to eat or drink, go to the toilet, wash or bathe, get dressed or care for their mouth, skin, hair or nails without that prompting or supervision; or

      .

(iii)           Providing social work

·       The provision by a social care worker of social work which is required in connection with any health care or social services to an adult who is a client or potential client.

     .

(iv)          Assistance with cash, bills and/or shopping

·       The provision of assistance to an adult because of their age, illness or disability, if that includes managing the person’s cash, paying their bills or shopping on their behalf.

     .

(v)            Assistance in the conduct of a person’s own affairs

·       Anyone who provides various forms of assistance in the conduct of an adult’s own affairs, for example by virtue of an enduring power of attorney. Please see the Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012, for the further categories which are covered here.

(vi)          Conveying

·       A person who transports an adult because of their age, illness or disability either to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving health care, personal care or social care. This will not include family and friends or taxi drivers.

New definition of regulated activity - children

The new definition of regulated activity relating to children comprises only:

(i)  Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children.

          .

(ii)  Work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises.

Supervised volunteers will be eligible for an Enhanced CRB check (but not including checks against the ISA barring lists). An enhanced check will include information obtained from the Police National Computer (PNC), local police records held and other relevant information.

 .

(iii)    Relevant personal care, for example washing or dressing; or health care by or supervised by a professional;

          .

(iv)  Registered child-minding; and foster-carers.

          .

Work under (i) or (ii) is regulated activity only if done regularly. Regular means carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30 day period (or in some cases overnight)

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The CRB will be providing statutory guidance about supervision of activity which would be regulated activity if unsupervised following consultation.

 

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For more information:

Home Office: www.homeoffice.gov.uk/disclosure-and-barring

CRB: www.homeoffice.gov.uk/crb

ISA: www.isa.homeoffice.gov.uk/

Business Link: www.businesslink.gov.uk

DirectGov: www.direct.gov.uk

 

 

   
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