Safer Recruitment
For those of us who work with children or vulnerable adults, it is difficult to think of anything more topical or important than ensuring that our staff do not represent a threat to our clients.
Of course, sexual abuse is the first thing that comes to mind when we think about inappropriate behaviour but there are other potential threats to children and an even wider range of threats to vulnerable adults.
For children, staff who have anger management issues are far more common that those who might sexually abuse children. Vulnerable adults are also prey to those who are less patient than we might hope but they are also exposed to opportunists who may take pecuniary advantage – or simply steal from them.
Initial focus is always on current Criminal Records Bureau (CRB) checks but there are a range of other things that can be done to help ensure staff are safe. A CRB check will only tell us whether or not an individual has a criminal record; if they have never been caught and convicted even the most prolific paedophile will get a clean bill of health from the CRB.
This article takes a brief look at what can be done to minimise threats – we can never be absolutely sure and it is vital that organisations which have contact with children or vulnerable adults have a policy of vigilance and a well publicised whistleblowing procedure.
CRB checks: These can only be undertaken for specific job roles, most notably those that are exempt from the Rehabilitation of Offenders Act 1974, although there are some others. Checks can only be obtained with the permission of the individual concerned; although if the job requires a CRB check then an individual will automatically exclude themselves if they fail to give permission.
CRB checks can be obtained at two levels, standard and enhanced. A standard CRB check is only against a register of convictions and is undertaken exclusively by the Criminal Records Bureau. An enhanced CRB includes information held by police forces which is often over and above convictions. The police consider the job role the individual is to fulfil and take decisions as to whether or not it is appropriate to release information to a potential or current employer.
Example: A woman applying for a position as care worker in a children's home has no criminal convictions. However, her husband has a conviction for child pornography. With this information you might decide that the woman poses a potential risk.
Individuals all receive a copy of a Standard CRB disclosure, they do not receive a copy of an Enhanced Disclosure and it is an offence for an employer to divulge information received on an enhanced disclosure to anyone including the individual. By standard and enhanced disclosure must not be retained by the organisation, to retain them is a Data Protection offence.
CRB checks include examination of lists kept by government departments regarding those who are barred from various jobs. That is the POCA list (Protection of Children Act 1999), List 99 which is retained by what was the Department for Education and Skills and pertains to teachers and the POVA list which is retained by the Department of Health under the Protection of Vulnerable Adults scheme. All of these registers will be subsumed by the Independent Safeguarding Authority which will fully open its doors in August 2010 and which was set up as a result of the Bichard Enquiry into the Soham murders.
Other Checks: Obtaining a minimum of two references from previous employers is extremely important and will often show more than a CRB check. Government recommend three particular questions which are
- Would you re-employ?
- Are aware of any allegations being made against this individual by clients, peers or managers ?
- If so, what was the outcome of your investigation?
However good the references, they should always be followed through with a telephone call. People will tell you much more on the telephone than they will on a written reference! However, be aware that any notes you make as a result of those telephone calls must be disclosed under the Data Protection Act if you are asked to do so.
CRB checks are only available for the UK. If your employee or candidate has lived or worked abroad in the preceding 5 years you should ask for a Certificate of Good Conduct from the countries where they have lived or worked. It is for the candidate to obtain these certificates which are usually available, at a cost, from embassies or the police force in their country of origin.
There is, of course, a potential conflict between your obligations under the Race Relations Act and your obligations to your clients under the Children Act, Health & Safety legislation and Corporate Manslaughter risks. Unfortunately these are unresolved conflicts. The writer recently had the opportunity to raise these issues with an employment barrister who found them “interesting” but provided no clear steer – there is no case law.
Other Things to Do: Make sure your advertisement and application pack make it absolutely clear that you will be doing a range of checks – not just CRB. This has been proven to have a deterrent effect.
At interview, explore all gaps in employment history and reasons for people changing their job. Many people consider that Warner interviews are the very best approach.
Make sure that all staff involved with children or vulnerable adults are aware of their responsibilities to report any concerns they may have about fellow workers.
Have a robust whistle blowing policy so it is possible for people to report concerns anonymously,
Consider undertaking the NCSL training and in particular that there is an understanding of the principles of ‘grooming’. This is the process by which trust is built between the potential abuser and the individual, the individual’s family and the employer. That trust is then exploited. When paedophiles are caught it is common for families to say “he was a family friend, we trusted him”.
Forthcoming Changes: The Safeguarding Vulnerable Groups Act 2006 received royal assent over a year ago and heralds a number of changes not least of which is the concept of ‘regulated’ job roles and ‘controlled’ job roles. Regulated roles are those which bring the job holder into regular and sustained contact with vulnerable service users. Controlled roles are those which bring the job holder into some contact with vulnerable services users or, importantly, give the worker access to information about vulnerable service users.
It is currently difficult to obtain CRB disclosure for those administrative staff that have access to information but do not have contact with vulnerable service users. Defining those jobs as ‘controlled’ will give the opportunity to get CRB disclosure and close off a current loophole.
From 2010 it will be for the individual to be registered with the ISA, employers will then simply be able to search against that registration with the ISA. However, employers should not run away with the idea that CRB will no longer be necessary. The ISA register will only show those who are barred by reason of specific criminal activity. So for example, theft or dangerous driving are not barring offences but may be very important considerations for a particular job role.
Example: You may be employing a coach driver, part of those job will be to drive a school bus. ISA registration will show that he has not been convicted of sexual abuse but will not show that he has convictions for dangerous driving or common assault.
And finally..... do make sure that you check qualifications and particularly professional registration. You may be a qualified teacher and able to provide your qualification certificate but that will not show that you have been struck off the General Teaching Council register !
Cullen Scholefield has the expertise to help you with safeguarding issues. If you would like a Word version of this article or just like to chat to us please contact us.
