4.2 Safer Recruitment Practice including CRB

‘The Protection of Freedoms Bill 2010-2011 is currently passing through parliament and will result in some changes to recruitment, particularly in regard to CRB checks and the role of the ISA. When the Bill has been passed the amendments will be made accordingly. For further details see the Parliament website.

1.	What is a Disclosure or CRB Check?
2.	Why Does the Catholic Church of England and Wales use Disclosures?
3.	How are Disclosures Obtained for Relevant Roles in the Church?
4.	What Roles within the Church are Eligible for a Disclosure?
5.	What is the Appointment Process for "New" Applicants?
	Flowcharts: Religious Safe Recruitment Process for Volunteers & Employees intending to work with children/vulnerable adults and Religious (including those coming into formation) Application Process for Employees in Diocese/parishes intending to work with children/vulnerable adults Application Process for Volunteers in parishes/Catholic organisations intending to work with children/vulnerable adults
6.	Appointment Process Summary for ‘New’ Volunteers
	6.1	Making the "vacancy" known
	6.2	Application form (also known as "personal details" form)
	6.3	Safeguarding Self Declaration (SSD) - also known as Confidential Declaration form
	6.4	Discussion/informal chat or interview regarding role and person's suitability
	6.5	ID Verification
	6.6	References
	6.7	Disclosure Application Form
7.	Appointment Process Summary for New Employees
	7.1	Advertising the vacancy
	7.2	Application Forms for Posts requiring an Enhanced Disclosure
	7.3	Selection and Safeguarding Self Declaration (SSD) form
	7.4	Interview
	7.5	ID Verification
	7.6	References
	7.7	Disclosure Application
8.	Guidance for Conducting Interview Appropriately
9.	Correct Completion of Applications for CRB Disclosures
10.	When does a CRB Disclosure need to be Redone?
11.	Identity Verification
12.	Disclosure Outcomes and Assessment Including Blemished/Positive Disclosure Process and Assessing Relevancy of Criminal Records
13.	Obligations of the Registered/Umbrella Body and its Agent
14.	Policy Statement on Recruitment of Ex-Offenders
15.	Policy on Secure Storage and Retention
16.	What Documents are Retained and for how long?
17.	Disputes – CRB, Appeals and Complaints
18.	Appeals and Complaints Regarding use of Disclosures within the Church
19.	CSAS Internal Processes and Procedures
20.	Specific CRB Topics or Circumstances Including Change of Roles; Portability and DP Act
21.	Signposting to Related Information

1. What is a Disclosure or CRB Check?

The Criminal Records Bureau (CRB) is an agency of the Home Office and provides the Disclosure service for England & Wales.

A Disclosure (or CRB check) is a document that contains details of an individual's criminal record (including convictions, reprimands, warnings and cautions) held on the Police National Computer (PNC). From 12th October 2009, a Disclosure also contains where applicable, details of information held by the Independent Safeguarding Authority relating to the barred lists of those deemed unsuitable to work with children and/or vulnerable adults.

A Disclosure enables organisations to make informed recruitment decisions (in accordance with CRB Code of Practice and Rehabilitation of Ex-Offenders Act) to ensure that those working with children and/or vulnerable adults are suitable to carry out those duties without presenting a risk.

The CRB only release Disclosures to Registered Bodies or Umbrella Bodies.

A Disclosure however does not replace usual recruitment and selection practices and is one part of the process.

There are 2 levels of Disclosure - Standard and Enhanced.

With effect from 12th October 2009, those people working with children or vulnerable adults are required to have an Enhanced Disclosure. If you wish to know more about Standard level Disclosures, please refer to the CRB website.

An Enhanced Disclosure is used for those individuals who are working (paid or unpaid) in what is deemed “regulated activity”. “Regulated Activity” extends to those roles which involve contact with children or vulnerable adults and are:

Of a specified nature e.g. teaching; training; care; supervision; advice; treatment or transport

OR
In a specified place e.g. schools, children's homes & hospitals, juvenile detention facilities, adult care homes

AND EITHER
Once a week*

OR
Four* or more occasions in a period of 30 days

OR
Overnight – between 2am and 6am

* Following the “Drawing the Line” report released by Sir Roger Singleton in December 2009, the definitions of Frequent & Intensive were revised. These frequency parameters quoted above are as per the revisions following “Drawing the Line” publication.

The CRB make a charge for the Disclosure service per application. Current fees for Enhanced and ISA First checks can be found on the CRB website. However Disclosures are free of charge for Volunteers that meet the CRB definition.

It is important to note that prior to October 2009, the CRB arrangement allowed for roles that were deemed eligible for a Disclosure on the basis that they were recognised “positions of trust”. Within the definition of Regulated Activity, this is replaced by “specified positions”. The Safeguarding Vulnerable Groups Act which provides the allowance for “specified positions” expressly identifies a series of particular roles that qualify in this category. Therefore it is not for organisations to determine roles that are perceived to be considered positions of trust or responsibility for CRB purposes.

2. Why Does the Catholic Church of England and Wales use Disclosures?

The Catholic Church is committed to doing everything possible to ensure children, young people and vulnerable adults are kept safe from harm.

The single most important responsibility to be undertaken is to ensure that anyone placed in a position of trust within the Church, whether paid or otherwise, which gives them direct access to children or vulnerable adults is selected with the utmost care. Reliance on a practice of untested trust is no longer acceptable and we are expected to adhere to the highest standards of best practice and public accountability, while continuing to foster a spirit of trust and openness that reflects the values of the Church.

The use of Disclosures within the Church does not replace any normal recruitment practices such as the gathering of personal details, face-to-face interview and references (Testimonials of Suitability for Clergy or Religious members) nor should it be seen as a substitute for carrying out these pre-appointment checks. The use of Disclosures should complement existing recruitment practice.

The CRB Disclosure process is ONLY undertaken once a provisional job offer has been made following the assessment of the individual's suitability for the role via usual recruitment practices.

The use of Disclosures does not replace the ongoing vigilance, careful supervision and sound management of those working with children and vulnerable adults, post appointment.

While Employers within the statutory social care, health and education sectors are legally required to use CRB Disclosures, this legal obligation currently does not apply to other Employers or those who recruit Volunteers. However the Church is legally required to operate safe recruitment procedures. It is a criminal offence to appoint someone who is known to be disqualified from working with children and/or vulnerable adults and therefore, failure to take advantage of the Disclosure service available to identify those who may be disqualified would be viewed as a failing of the Church's responsibilities.

3. How are Disclosures Obtained for Relevant Roles in the Church?

Disclosures for applicable roles and organisations within the Catholic Church of England & Wales, which fall under the scope and remit of the Catholic Safeguarding Advisory Service (CSAS), are obtained via CSAS. CSAS is registered with the CRB as a Registered Body and the CRB application and assessment process is implemented via the safeguarding staff located in Dioceses; Local Safeguarding Representatives in parishes; and nominated persons within the Conference of Religious and the Religious Congregations.

CSAS, as the Registered Body, must ensure that all CRB Policies and Codes of Practice are adhered to for the use of Disclosures within the Dioceses, Religious Congregations and related organisations/Catholic bodies.

CSAS is NOT responsible for undertaking CRB Disclosures where these are already carried out via Statutory Organisations (for example staff in Catholic schools or staff in Catholic Social Welfare agencies).

The CRB require that Disclosure applications must be made in accordance with their Code of Practice. A breach of the Code may result in the Registered Body and their person liable for the breach (i.e. an approved Counter-Signatory of the Registered Body) liable for prosecution. This could result in a fine or the suspension or withdrawal of Registered Body status.

For CRB purposes, "CSAS" includes its agents in each Diocese and in the Conference of Religious (CoR) who act as counter-signatories for the processing of Disclosure applications. Signed agreements exist with these agents wherein they abide by the policies and procedures of CSAS and the CRB. A copy of the agreement can be located in the Forms Library.

CSAS is committed to the fair and sensitive use of Disclosure information and will take all reasonable steps to ensure that it, and those for whom CSAS acts as a Registered Body, seek to achieve and maintain models of best practice. CSAS has a policy on the handling, storage and safe destruction of Disclosure information and this is found within Section 15, Policy on Secure Storage and Retention contained in this CRB Policy. Where an applicant feels that Disclosure information has not been handled in a fair and sensitive way an appeal process is available. For details of this process, please refer to Section 17, Disputes – CRB, Appeals and Complaints.

CSAS will seek to ensure that:

Each post (paid or voluntary) is assessed to check the appropriateness of a Disclosure to the role.
Any advertisement for a post requiring Disclosure indicates the level of Disclosure required pre-appointment.
The conditional offer of employment (paid or voluntary) subject to the receipt of a satisfactory Disclosure is clearly indicated.
Candidates for any office, paid post or voluntary position eligible for a Disclosure, are asked to provide in writing (under confidential cover) convictions or other disqualifying behaviour that might be revealed by the Disclosure process. This will assist the recruitment decision making process and will only be taken into account when relevant to the post applied for.
When an existing office holder, employee or Volunteer moves into a position eligible for a Disclosure, they will then be asked to undertake the Disclosure application process and associated requirements.
If concerns arise in relation to an existing post holder (Clergy, Religious, employee, office holder or volunteer) which are not deemed by the Statutory agencies to warrant investigation by them, CSAS will seek a Disclosure with the individual's consent.

For those using and implementing the CRB policies and procedures of CSAS, as the Registered Body, please note that the standard forms and form templates contained in this Chapter can only be amended to allow for Diocesan or Religious Congregation logos. If you wish to consider amending the content or structure of any of the documents, you MUST seek approval from CSAS (as the Registered Body) PRIOR to use.

4. What Roles Within the Church are Eligible for a Disclosure?

Assessing the Eligibility of a Role for Disclosure Purposes:

Within the Church, Disclosures are appropriate and extend to those situations and activities where parents/guardians specifically entrust their children (or those in their family considered to be a “vulnerable adult”) to the care and supervision of people appointed, approved or allowed by the Church.

The eligibility basis for an Enhanced CRB Disclosure (as of October 2009) is as per the definition of “Regulated Activity” and those working with children or vulnerable adults are required to have an Enhanced Disclosure. If you wish to know more about Standard level Disclosures, please refer to the CRB website.

A CRB check can only be sought where the individual will be undertaking a role in the Church and the normal duties of that role satisfy the “Regulated Activity” definition.

“Regulated Activity” extends to those roles which involve contact with children or vulnerable adults and are:

Of a specified nature e.g. teaching; training; care; supervision; advice; treatment or transport

OR
In a specified place e.g. schools, children's homes & hospitals, juvenile detention facilities, adult care homes

AND EITHER
Once a week*

OR
Four* or more occasions in a period of 30 days

OR
Overnight – between 2am and 6am

In addition to the nature of the work and the location in which the work is undertaken, “regulated activity” also extends to those roles that involve “managing, on a regular basis, the day-to-day work of those carrying out specified activities or working in specified settings.” The requirement for Clergy & Religious to be CRB checked factors in this element of the regulated activity definition in addition to those working directly with vulnerable groups by definition of their ministry.

Please note that the paid or voluntary nature of the role is irrelevant when assessing the eligibility for a Disclosure.

Disclosures extend to others, appointed by the Church, with whom children and vulnerable adults can be reasonably foreseen to come into significant contact through their participation in the life of the parish or community.

When Does a CRB Disclosure Need to be Redone?

An individual in the Church (regardless of paid or voluntary status) would require a further CRB check via CSAS for any one of the following reasons:

The individual is changing role or taking on a secondary role in the Church and their previous CRB Disclosure was not checked against the group that the individual is now applying to work with i.e. their previous Disclosure was for a role working with vulnerable adults and their new role will be working with children.

Note: A number of roles when first submitted for Disclosure were checked against both groups in which case a further check would not be required purely on the basis of which group they will now be working with.

The individual is changing role or taking on a secondary role in the Church and their previous CRB Disclosure was checked at a Standard level and the new role applied for requires an Enhanced level Disclosure. A new Disclosure would be required at the higher level.
The individual is taking on a role of greater responsibility compared to the role against which they originally had a Disclosure. Due to this increase in responsibility, a new Disclosure is required even if the previous Disclosure is at the applicable correct level and checked for the relevant group/s (Children and/or Vulnerable Adults) for the new role.

Please note that an individual already CRB checked, via CSAS as the Registered Body, does NOT require another Disclosure in the following circumstances:

Continuation of the same role previously performed but moving parish or Diocese.
Applying for a role with no greater level of responsibility compared to the role against which they were originally CRB checked.
Members of a Religious Congregation (processed via the Conference of Religious Counter-Signatories office) against the relevant group/s and the relevant Disclosure level, who are temporarily working within a Diocese do not need to be rechecked via the Diocese as the previous Disclosure is valid as it was obtained via CSAS as the Registered Body.

5. What is the Appointment Process for "New" Applicants?

Please click on the titles below to view the relevant flowcharts:

Religious Safe Recruitment Process for Volunteers & Employees intending to work with children/vulnerable adults and Religious (including those coming into formation)

Application Process for Employees in Diocese/parishes intending to work with children/vulnerable adults

Application Process for Volunteers in parishes/Catholic organisations intending to work with children/vulnerable adults

6. Appointment Process Summary for New Volunteers

6.1 Making the "vacancy" known:

If the "vacancy" for a voluntary role in the church is advertised in the parish newsletter or on a notice board for example, it must state that the role is subject to:

An Enhanced level Disclosure
Satisfactory references

If a plea is made by the parish for volunteers, or a person is asked to undertake a role, the requirement for an Enhanced level Disclosure must be made known to the individual at the earliest opportunity.

If an individual or parishioner comes forward and offers their services to helping with a voluntary activity in the Church, again the requirement for an Enhanced level Disclosure must be advised at the earliest opportunity.

6.2 Application form (also known as "personal details" form):

An application or "personal details" form must be completed (the standard form is available from the Forms Library) for volunteers and MUST be used without any modifications unless approved by CSAS.

The individual should also be advised where they can locate the Policy on Recruitment of Ex-Offenders which is available within this Chapter.

6.3 Safeguarding Self Declaration (SSD) - also known as Confidential Declaration form:

Anyone seeking to undertake voluntary roles with children or vulnerable adults in the Church are also required to complete a Safeguarding Self Declaration (SSD). The form is available from the Forms Library and MUST be used without any modifications unless sanctioned by CSAS. The completed SSD should be handed to the parish rep or relevant person in a sealed envelope for confidentiality purposes and sent to the Diocesan Safeguarding office or appropriate member of Religious. This form also indicates that details of the CRB Disclosure will be retained on the National Database.

6.4 Discussion/informal chat or interview regarding role and person's suitability:

The prospective volunteer should have some opportunity to discuss the role, expectations and time commitment involved with the group leader; Parish priest or relevant person. This discussion is also the opportunity for that person's suitability to be assessed i.e. attitude and experience. (Please refer to "Guidance for conducting interviews appropriately" for further information).

6.5 ID Verification:

Refer to Section 11, Identity Verification.

Please note that it is important to ensure that sufficient evidence of identity is provided and only original documentary evidence can be accepted.

The documents presented should be checked for signs of tampering or fraud and checked against the Identity Verification Form completed by the applicant. The form must be signed off by the ID Verifier to confirm which documents were produced, acceptable and within the required validity period. The original documents should also be photocopied and attached to the ID verification form and retained in order to be used for CRB application purposes.

This process ensures that the individual doesn't have to present documents on more than 1 occasion; protects the Counter-Signatory in those instances where the Counter-Signatory has not seen the original documents themselves but via a local ID Verifier and also ensures that any queries by the CRB on documentation reference numbers can be easily resolved.

6.6 References:

References are valuable in assessing the person's suitability to undertake the specifics of the role. The use of the standard national reference form ensures that all necessary questions are asked. References from relatives or the current parish priest or deacon are not acceptable. All references should be sought directly from the referee; generic references or those addressed "To whom it may concern" are not acceptable. Those appointing are responsible for satisfying themselves that references are authentic. Negative or ambiguous statements in references must be followed up by the appointer, and recorded.

6.7 Disclosure Application Form:

The applicant (if deemed suitable to proceed) then proceeds to completion of the CRB Disclosure application.

The Counter-Signatory in each Diocesan office determines the best mechanism for supplying the Disclosure Application. This could be via the Parish Rep; at a local meeting or on request to the Safeguarding office. For Religious, the CRB application forms can be obtained from the Conference of Religious Counter-Signatory Office.

The CRB provide guidance notes for applicants and also guidance for Counter-Signatories on the correct completion of the form.

Particular attention should be paid to documentary evidence provided; full and complete 5 year address history and all Registered Body and Counter-Signatory reference numbers are quoted.

The completed CRB Disclosure Application should be presented to the Local Safeguarding Representative or Religious person to ensure that the documents presented previously are acceptable and appropriate for CRB Disclosure purposes. Particular attention should be given to name variations and changes ensuring that the Disclosure Application does capture any other names by which the applicant has been known.

The Disclosure Application is passed to the Counter-Signatory for checking, completion and signature and entry onto the CSAS National Database prior to submission to the CRB. Administrative staff can undertake the initial checking of the form and database entry if they have appropriate job descriptions and have signed a Confidentiality Agreement. See the Confidentiality Agreement within the Forms Library.

Please note that it is imperative that the individual is not advised at any point in the pre-appointment process that the CRB Disclosure is the ONLY awaited item. For example Parish/Religious Reps should not advise "we have received your references" or "we are just waiting for the CRB check". In the event of a "brown envelope" situation, it would therefore imply that there is something CRB related that has resulted in the retraction of a job offer and this could lead to a fine being imposed if Police activity has been jeopardised.

In the event that you have an applicant who has already had a Disclosure Certificate - if the Disclosure was obtained via another Registered Body, please refer to the information on Portability found within the Specific CRB Topics or Circumstances. If the Disclosure was obtained via CSAS, please refer to When Does a CRB Disclosure Need to be Redone? Within Correct Completion of Applications for CRB Disclosures.

7. Appointment Process Summary for New Employees

NB. For those recruiting to a paid post within a Diocese, it is crucial that the person recruiting for the post engages with the Diocesan Safeguarding Office at the first stage or refers to CSAS for guidance before initiating the process.

7.1 Advertising the vacancy:

The advert for the vacancy must state that the role is subject to:

The Enhanced level Disclosure required for the successful applicant
Satisfactory references

7.2 Application Forms for Posts requiring an Enhanced Disclosure

All Application forms should

State that an Enhanced level Disclosure is required
Be accompanied by the Policy on the Recruitment of Ex Offenders or signpost applicants to where they can locate the Policy within this Chapter

Sample application forms and reference requests are contained within the Forms Library contained in this Chapter however it is advised that due to the changing aspects of Employment Law, appropriate assistance is obtained to ensure application forms are compliant with legislation. Please refer to CSAS for guidance around the required items to be included in connection with CRB Code of Practice.

7.3 Selection and Safeguarding Self Declaration (SSD) form:

Applicants invited to interview for roles working with vulnerable groups should be asked to bring to interview details of their criminal record including details and dates of "spent" convictions via the Safeguarding Self Declaration. The form is available from the Forms Library and MUST be used without any modifications unless sanctioned by CSAS. The completed SSD should be handed to the recruiting person or interviewer in a sealed envelope for confidentiality purposes and sent to the Diocesan Safeguarding office or appropriate member of Religious. This form also indicates that details of the CRB Disclosure will be retained on the National Database.

The front page of the SSD clearly indicates how any information will be handled and how long the completed form will be retained for.

Applicants should also be informed in writing that the National Database will be checked in respect of all short-listed applicants and the National Database should be checked prior to final interview.

7.4 Interview:

It is important to conduct an interview to assess the candidate's suitability; experience and skills for the role. (Please refer to Section 8, Guidance for Conducting Interviews Appropriately for further information).

7.5 ID Verification

Refer to Section 11, Identity Verification.

Applicants invited to interview should be asked to bring original documentary evidence of identity to the interview in addition to completing the Catholic Church Identity Verification Form. See the Forms Library.

The interview panel should satisfy themselves as the "Employer", of the identity of those called for interview, in line with the documents accepted by the CRB.

This process ensures that chosen candidates do not need to represent original documents following selection; protects the Counter-Signatory in those instances where the Counter-Signatory has not seen the original documents themselves but via a local ID Verifier and also ensures that any queries by the CRB on documentation reference numbers can be easily resolved.

Please note that it is important to ensure that sufficient evidence of identity is provided and only original documentary evidence can be accepted. The documents presented at interview should be checked for signs of tampering or fraud and checked against the Identity Verification Form completed by the applicant. The form must be signed off by the ID Verifier to confirm that all documents listed by the applicant were produced, acceptable and within the required validity. The original documents should also be photocopied and attached to the ID verification form and retained in order to be used for CRB application purposes.

7.6 References:

References are valuable in assessing the person's suitability to undertake the specifics of the role. There is sample reference form available from the Forms Library. References from relatives or the current parish priest or deacon are not acceptable. All references should be sought directly from the referee; generic references or those addressed "To whom it may concern" are not acceptable. Those appointing are responsible for satisfying themselves that references are authentic. Negative or ambiguous statements in references must be followed up by the appointer, and recorded.

7.7 Disclosure Application

The applicant (if deemed suitable) then proceeds to completion of the CRB Disclosure application.

The Counter-Signatory in each Diocesan office determines the best mechanism for supplying the CRB Disclosure Application. This could be at a local meeting or on request to the Safeguarding office. For Religious, the CRB application forms can be obtained from the Conference of Religious Counter-Signatory Office.

The CRB provide guidance notes for applicants and also guidance for Counter-Signatories on the correct completion of the form.

Particular attention should be paid to documentary evidence provided; full and complete 5 year address history and all Registered Body and Counter-Signatory reference numbers are quoted.

The completed Disclosure Application should be presented to the appropriate authorized and trained ID verifier (usually a Parish/Safeguarding Rep) to ensure that the documents presented at interview are acceptable and appropriate for CRB Disclosure purposes. Particular attention should be given to name variations and changes ensuring that the Disclosure Application does capture any other names by which the applicant has been known by.

Please note that it is imperative that the individual is not advised at any point in the pre-appointment process that the CRB Disclosure is the ONLY awaited item for example the applicant should not be advised "we have received your references" or "we are just waiting for the CRB check". In the event of a "brown envelope" situation, it would therefore imply that there is something CRB related that has resulted in the retraction of a job offer and this could lead to a fine being imposed if Police activity has been jeopardised.

In the event that you have an applicant who has already had a Disclosure Certificate - if the Disclosure was obtained via another Registered Body, please refer to the information on Portability found within the Specific CRB Topics or Circumstances. If the Disclosure was obtained via CSAS, please refer to When Does a CRB Disclosure Need to be Redone? within Correct Completion of Applications for CRB Disclosures.

8. Guidance for Conducting Interviews Appropriately

The interview or informal discussion provides an opportunity for the individual to understand the requirements of the role; expectations and training and support provisions.

Additionally it provides the opportunity for the Church to establish the individual's:

Commitment to the role
Suitability for the role
Motivation for applying
Experience and prior involvement in similar activities.

In addition to the above, it provides a convenient time to discuss any anomalies in identity documentation for example dates of birth; spellings of name.

There are many free resources available concerning interview techniques in order to get the best out of the individual.

Some useful websites are provided below and the techniques described are applicable to unpaid and paid roles alike:

My Job Search website

Blue Sky Interviews website

9. Correct Completion of Applications for CRB Disclosures

Please note that there is full guidance (for applicants; ID verifiers and Counter-Signatories) on how to complete the application form available from the CRB website. The guidance can be viewed as an interactive "e-guide" or can be viewed in both text and pdf formats.

The guidance available from the CRB includes information regarding how to submit applications where the applicant has resided overseas in the last 5 years; has travelled or is a student in addition to a number of other circumstances.

Role Titles to be used when submitting an application for a CRB Disclosure*:

Role titles on the CRB application form MUST indicate that nature of the role and the contact involved so the eligibility of the Disclosure is apparent for CRB processing purposes.

Therefore, for post-holders (for Volunteer roles - see below), ensure that the role indicates the nature of the role or the element of the role that makes the role eligible for a CRB Disclosure. The CRB can query applications that they believe do not appear to be eligible for a Disclosure OR will raise queries with CSAS as the Registered Body as part of the assurance process to ensure that each application has been properly assessed for CRB Disclosure eligibility.

Applications in respect of Priests; Religious Sisters/Brothers etc, should be submitted using these role titles on the Disclosure Application form.

Volunteer roles:

For ALL voluntary roles within the Church, the role title on the Disclosure Application Form should be entered as "Church Ministry". Please note that "Volunteer" must not be stated on the Role Applied For on the Disclosure application.

This title must be used as the nature of the work or contact will not be understood by the local Police forces when assessing Church role titles like Children's Liturgy; Eucharistic Minister etc for relevant criminal conviction information.

*When CSAS is operating as an Umbrella Body on behalf of Catholic organisations with their own charitable status, it is for the "employing" organisation to determine the role title. CSAS Counter-Signatories can challenge the role on the basis of eligibility however the "employer" dictates the role title for CRB Disclosure purposes.

10. When does a CRB Disclosure need to be Redone?

An individual in the Church (regardless of paid or voluntary status) would require a further CRB check via CSAS for any one of the following reasons:

The individual is changing role or taking on a secondary role in the Church and their previous CRB Disclosure was not checked against the group that the individual is now applying to work with i.e. their previous Disclosure was for a role working with vulnerable adults and their new role will be working with children.

Note: A number of roles when first submitted for Disclosure were checked against both groups in which case a further check would not be required purely on the basis of which group they will now be working with.
The individual is changing role or taking on a secondary role in the Church and their previous CRB Disclosure was checked at a Standard level and the new role applied for requires an Enhanced level Disclosure. A new Disclosure would be required at the higher level.
The individual is taking on a role of greater responsibility compared to the role against which they originally had a Disclosure. Due to this increase in responsibility, a new Disclosure is required even if the previous Disclosure is at the applicable correct level and checked for the relevant group/s (Children and/or Vulnerable Adults) for the new role.

Please note that an individual already CRB checked, via CSAS as the Registered Body, does NOT require another Disclosure in the following circumstances:

Continuation of the same role previously performed but moving parish or Diocese.
Applying for a role with no greater level of responsibility compared to the role against which they were originally CRB checked.
Members of a Religious Congregation (processed via the Conference of Religious Counter-Signatories office) against the relevant group/s and the relevant Disclosure level, who are temporarily working within a Diocese do not need to be rechecked via the Diocese as the previous Disclosure is valid as it was obtained via CSAS as the Registered Body.

11. Identity Verification

The guidance available from the CRB includes full information concerning what identity checks are necessary when submitting CRB Disclosure applications.

Below is a summary of some of the key principles and requirements as required by the CRB:

It is standard good practice for employers to satisfy themselves of the identity of those applying for positions. This is especially sensible in relation to sensitive posts, such as those working with children and/or vulnerable adults, to which Disclosures apply. These identity checks are very helpful in ensuring that identity is correctly established for the purposes of Disclosure.

The CRB will carry out identity checks through the course of the Disclosure application processing mechanisms however this is no substitute for identity checks by employers (both paid and voluntary post-holders).

It is preferable that at least one item of photographic evidence be seen to confirm the applicants identity (i.e. passport or photo driving licence) in addition to at least one item of address related evidence (i.e. utility bill or bank statement).

A greater level of confidence in an applicant's identity can be gained by the provision of identity documentary evidence which is consistent to the information supplied by the applicant in the Disclosure application form.

Where an applicant claims to have changed his/her name by deed poll or any other process i.e. marriage or adoption, the employer should see evidence of that change i.e. marriage certificate which shows the change of name from birth name to current name. This vigilance may also identify other names the individual has been known by for example the birth certificate for a female applicant says Jones; however the name of the applicant pre-marriage was Smith. This may indicate a prior marriage or maybe an adoption or deed poll change.

As a Registered Body, CSAS, its agents (as previously identified) and those working in parishes and religious congregations who verify identity on behalf of the Church; are required by the CRB to carry out the following in order that the integrity of the Disclosure is not compromised:

Check and validate the information provided by the applicant on the Disclosure application form
Establish the true identity of the applicant, through the examination of a range of documents as set out by the CRB (a list of current valid forms of identity evidence is available from the CRB website)
Ensure that the applicant provides details of ALL names by which they have been known
Ensure that the applicant provides details of ALL addresses where they have lived in the last 5 years.

In addition, for Counter-Signatories, it must be ensured that the Disclosure application form is fully completed and the information it contains is accurate.

For those verifying identity - remember:

You must only accept valid ORIGINAL documents and NOT photocopies of originals
You must not accept documentation printed from the internet i.e. internet bank statements
Identity information (e.g. name, date of birth, address etc) recorded on the CRB application form must be cross-matched with the information provided by the applicant
Wherever possible, ask for photographic identity documentation i.e. passport, photo driving licence and compare this to the applicant for likeness
All documents must be in the applicants current name*
One document MUST confirm the applicant's date of birth
You MUST see one document confirming the applicant's current address
A full 5 year address history must be supplied and wherever possible seek evidence of identity that confirms any and all addresses recorded on the CRB Application Form and official Continuation Sheet (if required)

* The exception to this relates to Birth Certificates which can be accepted for example where an applicant has married, providing that the Marriage Certificate is produced confirming the name pre-marriage which corresponds to the Birth Certificate.

What documents can be used for Disclosure identity verification purposes?

Please note that the CRB (not CSAS as the Registered Body) prescribe what documents are acceptable forms of identity verification for Disclosure purposes.

The CRB add to this list of documents from time to time as they approve new forms of identification which are considered appropriate for Disclosure application identity verification. For the latest list of valid documentation, go to the CRB website.

For CRB purposes, the applicant must either produce:

1 document from Group 1 (for example passport or driving licence) and any other 2 from Groups 1 and 2

or
5 documents from Group 2

In the event that you have an applicant with insufficient identity documents, contact the CRB Information Line on 0870 90 90 811 for further guidance.

Please be advised that CSAS cannot approve any other forms of identification that the applicant may have that are NOT on the Group 1 or Group 2 valid identity documents list and therefore a referral to the CRB Information Line is the next step.

How can I check if a document is valid or identify if the document has been tampered with?

For guidance on validity of driving licences for example and also indicators of fraud for other forms of identification i.e. firearms licence or birth certificate, go to the CRB website and refer to the Registered Body Guidance under the "Resource Library" option and refer to the "Id Checking Process" document.

What if the applicant has been adopted?

If the applicant was adopted before the age of 10, they do NOT need to provide their surname at birth on the CRB Application form and the applicant should be informed of this.

The reason for this is because the age of criminal responsibility is deemed to be 10 years (under the Children and Young Persons Act 1993, Chapter 12, Section 50). This means that there is no possibility that an individual could have a criminal record in a name that was used until the age of 10.

What if the applicant has changed their name recently and cannot provide ID documents in this new name?

Documents in a previous name can ONLY be accepted where the applicant can provide documentation supporting a recent change due to marriage/civil partnership; divorce/civil partnership dissolution or deed poll. In each of these instances, you MUST see the marriage/civil partnership certificate OR decree absolute/civil partnership dissolution certificate OR Deed Poll certificate as appropriate.

An official Continuation Sheet must be submitted with the CRB Application form stating the current and previous names; the date of the change; the reason for the change and the document you have seen to support this change. This Continuation Sheet must also contain the Form Reference number, the Registered Body reference; the Applicant Name and Applicants Address.

12. Disclosure Outcomes and Assessment Including Blemished/Positive Disclosure Process and Assessing Relevancy of Criminal Records

Disclosure Results:

Once the Disclosure Application is processed by the CRB, a copy of the Disclosure is sent to the successful candidate directly from the CRB and a copy is also sent to the Counter-Signatory that signed off the Disclosure Application form.

The Counter-Signatory in the Diocese will then inform the person responsible for the appointment at local level of the decision to appoint or refuse appointment and will NOT normally disclose the reason for the decision.

However in the case of Clergy, Religious and employees, provided that the person with ultimate responsibility for the appointment (Bishop, Congregation Leader or line manager) is aware of and abides by the CSAS Safer Recruitment Policy and CRB Code of Practice, the contents of the Disclosure can be revealed to them alone. They must NOT reveal the information to other members of the selection process, or to Management Boards, Boards of Trustees etc.

With regards to Religious, the Counter-Signatories at CoR will then inform the person responsible for the appointment at local level of the outcome of the Disclosure. The Safeguarding Rep; Coordinator or CoR Safeguarding Adviser can then be contacted to discuss the implications of any content on the Disclosure. This same process can be used for content on the Safeguarding Self Declaration. CSAS is also available should guidance be needed concerning information self-disclosed or stated on the Disclosure Certificate.

Photocopies of Disclosure Certificates CANNOT be made.

There may be circumstances where a recipient of Disclosure information is asked to reveal details of a Disclosure to a third party in connection with legal proceedings i.e. in a case submitted to an Employment Tribunal. In such instances, the recipient of Disclosure information should inform the Criminal Records Bureau of any such request immediately and prior to the release of any information. (CRB Code of Practice requirement).

Where information has been released by the Police to the Registered Body/Counter-Signatory in a separate letter, that information must NOT be discussed with the applicant. (CRB Code of Practice requirement).

Blemished Safeguarding Self Declaration and/or Blemished or Positive Disclosure process:

It is important to remember that any content voluntarily revealed by an individual on the Safeguarding Self Declaration form may be very personal. That information therefore should be handled with sensitivity and consideration for the individual who made the revelation. In the event that you are unsure how to progress in light of information on the Safeguarding Self Declaration, please contact CSAS for advice and support on next steps. For Religious, please refer to your Safeguarding Rep; Coordinator or CoR Safeguarding Adviser for guidance. CSAS is also available to provide assistance.
Where the contents of the Safeguarding Self Declaration Form indicated that the person may be unsuitable to work with children, young people or vulnerable adults, the Safeguarding Commission will take appropriate action to remove any perceived immediate risk and to assess future risk. This may include referral to the Statutory agencies in line with the "Responding to Allegations" National Policy
In cases of doubt about the result of the Disclosure, the Counter-Signatory or Safeguarding Coordinator/Officer will discuss this with the applicant within 14 days. In Religious Congregations, the CoR Safeguarding Adviser will inform the Congregations Safeguarding Coordinator or Representative who will then be responsible for carrying out the process for assessing relevancy and risk assessment
The Counter-Signatory is concerned SOLELY with information in relation to Child / Vulnerable Adult protection issues. Where other information regarding convictions etc is given on the Disclosure Certificate, the Counter-Signatory will inform the person with ultimate responsibility for the appointment at Diocesan/Religious level who will take a decision on whether to appoint and will NOT share the reasons at parish level to preserve confidentiality
It may be appropriate in such cases to appoint with written limitations or to put in place a specific condition within the probationary period
Where the information provided in the Disclosure indicates continued risk to children or vulnerable adults, the Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will immediately communicate with the applicant to discuss the need for safeguarding measures to be established at local level
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will inform the applicant of the process to be followed/action to be taken, and likely timescales.
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will then refer the matter to the appropriate Diocesan Safeguarding Commission or Regional Religious Commission which will, within 28 days, review the information in accordance with Safer Recruitment Policy and Procedures. This process will be undertaken on an anonymised basis.
Advice may be sought from CSAS in reaching an appointment recommendation and the Commission should present a written recommendation, with reasons for it, to the appropriate Bishop or Congregation Leader who will take the final decision. In the event that the Bishop/Congregation Leader is uncertain about the recommendation made to them, they should always consult with CSAS.
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will then inform the local person responsible for the appointment process of the decision, again without giving reasons.
If there are concerns regarding continued risk (e.g. where a volunteer applicant might remain within the parish and has convictions of say a sexual nature against children) a written agreement must be made between the individual concerned and the Local Safeguarding Representative and approved by the Diocesan or Religious Safeguarding Coordinator.

Blemished Safeguarding Self Declaration or Disclosure Process for existing post-holders and volunteers:

Where the contents of the Confidential Declaration Form indicated that the person may be unsuitable to work with children, young people or vulnerable adults, the Safeguarding Commission will take appropriate action to remove any perceived immediate risk and to assess future risk. This may include referral to the Statutory agencies in line with the "Responding to Allegations" National Policy
Where the contents of the Disclosure are not clear cut, the matter will be referred to the relevant Safeguarding Commission to consider recommendations for action to the appropriate Bishop, Congregation Leader or line manager, using the following process
The Counter-Signatory or the Safeguarding Co-ordinator will discuss the content of the Disclosure with the individual within 14 days
In Religious Congregations, the CoR Safeguarding Adviser will inform the Congregation's Safeguarding Coordinator or Representative who will be responsible for carrying out this process. Diocesan Safeguarding Coordinators/Officers and CSAS may be consulted for help and advice
Where the information provided in the Disclosure indicates continued risk to children or vulnerable adults, the Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will communicate with the individual immediately to discuss the need for safeguarding measures to be established at local level. This may include temporary removal from post while the process is completed.
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will inform the individual concerned of the process to be followed/action to be taken, and likely timescales
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will record the content of this interview in writing, and send a copy of the recording to the individual, who will be asked to verify its accuracy and completeness (or otherwise) in writing within a specified timescale
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will then review any existing files held and record any relevant information found, then refer the matter within to the appropriate Diocesan or Religious designated sub-group of the Safeguarding Commission, which will, within 28 days, review all the information in compliance with all Policies and Procedures set down by CSAS in relation to handling CRB Disclosures. This process will be undertaken on an anonymised basis
Advice may be sought from CSAS staff in reaching an appointment recommendation once these processes have been completed fully, and should present a written recommendation, with reasons for it, to the appropriate Bishop or Congregation Leader, who will take the final decision. If this process revealed grounds for removal from post at this point, this would be done through the appropriate employment or canonical procedures
If the Bishop or Religious leader is uncertain about the recommendation made to them, they should always consult with CSAS
The Counter-Signatory/ Diocesan Safeguarding Coordinator/Officer or in Religious situations, the person responsible for the appointment or the Congregation Leader will then inform the initiating person of the decision. Reasons will not be given to those at Parish level to preserve the right to confidentiality, but Bishops, Congregation Leaders and line managers will be given reasons. (Please refer to paragraph 2 of this section - Disclosure Outcomes and Assessment, for important policy information regarding confidentiality boundaries)
If there are concerns regarding continued risk (e.g. where a volunteer applicant might remain within the congregation and has conviction(s) for sexual offences against children) a written agreement must be made between the individual concerned and the Local Safeguarding Representative and approved by the Diocesan or Religious Safeguarding Coordinator/Officer.

Destruction of Disclosure Certificates in all cases.

The Disclosure Certificate will be destroyed after 6 months (except in Care Home situations).

Assessing Relevancy of Criminal Records:

Candidates invited to interview for employment, volunteer or office holding roles should be told in writing that relevant criminal convictions and other associated information will be discussed with them in confidence, in order to assess job-related risks. This provides an opportunity for organisations to raise issues concerning offences with applicants in open discussion. One to one interviews are preferable to Panel interviews for this purpose because of the sensitive nature of the information and are best done by people trained in interviewing techniques.

It should be duly noted that the first step, as with any selection or appointment process, should be the assessment of the applicant's relevant skills, experience, qualifications and ability to do the job. Only then should an applicant's criminal record be discussed with them. Interview Panels will do this only with the applicant to whom they would like to offer the post. The person who will do this is the Safeguarding Coordinator/Officer who is the only person to receive the Confidential Declaration Form of the person the panel wishes to appoint.

A job offer or volunteer appointment can be made "subject to" checks such as references, medical information and CRB Disclosure.

If it is the case that the information provided in the Disclosure contradicts that provided by the applicant, this should be discussed in person with them as part of a post-appointment process. This may have happened for a variety of reasons e.g. the information is inaccurate, it relates to someone of the same name, the applicant may simply not have understood the nature of the sentence they received or they may have tried to hide their convictions as a means of increasing their chances of employment.

An applicant's criminal record should be assessed in relation to the tasks he or she will be required to perform and the circumstances in which the work will be carried out. The following should be considered when deciding on the relevance of offences to particular posts:

Does the post involve one to one contact with children and/or vulnerable adults as customers, employees and clients?
What level of supervision will the post holder receive?
Does the post involve any direct responsibility for finance or items of value?
Does the post involved direct contact with the public?
Will the nature of the post present any opportunities for the post holder to re-offend in the place of work?

In some cases, the relationship between the offence and the post holder will be clear enough for the organisation to decide easily on the suitability of the applicant for the job. In other cases it will not be so clear-cut. It should be remembered that no two offences are exactly alike. Wherever possible it is prudent to check original information at source, and to obtain written permission from the applicant to do so. It is recommended that the following issues be taken into account as a minimum requirement:

The seriousness of the offence and its relevance to the safety of other employees; customers; clients and property
Whether the applicant pleaded guilty or not guilty
The length of time since the offence occurred
Any relevant information offered by the applicant about the circumstances which led to the offence being committed, for example the influence of domestic or financial difficulties
Whether the offence was a one-off, or part of a history of offending
Whether the applicant's circumstances have changed since the offence was committed, making re-offending less likely
The country in which the offence was committed; some activities are offences in Scotland and not in England and Wales and vice versa
Whether the offence has been decriminalised by Parliament
The degree of remorse or otherwise, expressed by the applicant and their motivation to change.

Safeguarding Coordinators/Officers/CoR Safeguarding Adviser will undertake the risk assessment process only where the information contained in the Disclosure relates to the safety of children or vulnerable adults. Where those persons have any concern or require advice this can be obtained via their Commission or CSAS. Other types of offences should be conveyed to the senior person (manager etc) whose responsibility it is to assess their relevance to the appointment. They must be aware of and abide by the CSAS CRB Policy and Procedures.

13. Obligations of the Registered/Umbrella Body and its Agents

For CRB purposes, "CSAS" includes its agents in each Diocese and in the Conference of Religious (CoR) who act as counter-signatories for the processing of Disclosure applications. Signed agreements exist with these agents wherein they abide by the policies and procedures of CSAS and the CRB. (The Agreement is available from the Forms Library).

CSAS is committed to the fair and sensitive use of Disclosure information and will take all reasonable steps to ensure that it, and those for whom CSAS acts as a Registered or Umbrella Body, seek to achieve and maintain models of best practice. CSAS has a policy on the handling, storage and safe destruction of Disclosure information and this is found within the Policy on Secure Storage and Retention contained in this CRB Policy.

Where an applicant feels that Disclosure information has not been handled in a fair and sensitive way an appeal process is available. For details of this process, please refer to Appeals and Complaints section contained in this Policy.

CSAS will seek to ensure that:

Each post (paid or voluntary) is assessed to check the appropriateness of a Disclosure to the role.
Any advertisement for a post requiring Disclosure indicates the level of Disclosure required pre-appointment.
The conditional offer of employment (paid or voluntary) subject to the receipt of a satisfactory Disclosure is clearly indicated.
Candidates for any office, paid post or voluntary position eligible for a Disclosure, are asked to provide in writing (under confidential cover) convictions or other disqualifying behaviour that might be revealed by the Disclosure process. This will assist the recruitment decision making process and will only be taken into account when relevant to the post applied for.
When an existing office holder, employee or volunteer moves into a position eligible for a Disclosure, they will then be asked to undertake the Disclosure application process and associated requirements.
If concerns arise in relation to an existing post holder (Clergy, Religious, employee, office holder or volunteer) which are not deemed by the Statutory agencies to warrant investigation by them, CSAS will seek a Disclosure with the individual's consent.

For those using and implementing the CRB policies and procedures of CSAS, as the Registered Body, please note that the standard forms and form templates contained in this Policy can only be amended to allow for Diocesan or Religious Congregation logos. If you wish to consider amending the content or structure of any of the documents, you MUST seek approval from CSAS (as the Registered Body) PRIOR to use.

14. Policy Statement on Recruitment of Ex-Offenders

CSAS, in serving the Catholic community in England and Wales, and as an organisation using the Criminal Records Bureau (CRB) Disclosure services to assess applicants' suitability for positions of trust, will comply fully with the CRB Code of Practice and undertakes to treat all applicants fairly. CSAS undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or any other information revealed.
Having a criminal record will not necessarily bar you from working within the Catholic community. This will depend on the nature of the position and the circumstances and background of your offence(s).
CSAS is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background; which assist in maintaining a safe environment for everyone who engages in activities based within the Catholic community.
This written policy on the recruitment of ex-offenders is made known and is available to all Disclosure applicants at the outset of the recruitment process.
CSAS and the Catholic community in England and Wales actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and relevant experience.
A Disclosure is only requested after a thorough risk assessment has indicated that a Disclosure is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. This information is sent under separate, confidential cover to a designated person, generally the person responsible for the appointment process, and this information will ONLY be seen by those who need to see it as part of the recruitment process. The Safeguarding Co-ordinator will be consulted in cases of doubt.
Unless the nature of the role allows questions to be asked about your entire criminal record, only "unspent" convictions as defined in the Rehabilitation of Offenders Act 1974 must be disclosed.
In order to protect certain vulnerable groups within society there are a large number of roles, posts and professions that are exempted from the Rehabilitation of Offenders Act 1974. These include posts and volunteer roles involving access to children, young people, the elderly, people with disabilities, alcohol or drug misuses and the chronically sick. In such cases, organisations are legally entitled to ask applicants for details of all convictions, irrespective of whether they are "spent" or "unspent" under the Rehabilitation of Offenders Act.
Suitable training to identify and assess the relevance and circumstances of offences is provided for all those who are involved in the recruitment process. Appropriate guidance and training in the relevant legislation relating to the appointment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974, is also provided.
At interview, or in a separate discussion, an open and measured discussion must take place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to the withdrawal of an offer of employment.
Every subject of a CRB Disclosure is made aware of the existence of the CRB Code of Practice and a copy is available on request.
We undertake to discuss any matter revealed on a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.

15. Policy on Secure Storage and Retention

General Principles for CSAS as a Registered Body

As an organisation using the Criminal Records Bureau (CRB) Disclosure service to help assess the suitability of applicants for positions of trust, CSAS fully complies with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. It also complies fully with its obligations under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information and this written policy is available to those who wish to see it on request.

For these purposes, "CSAS" includes its agents in each Diocese and in the Conference of Religious who act as Counter-Signatories in processing Disclosure Applications. They hold information locally.

Storage and Access

Disclosure information is never kept on an applicant's personnel file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling

In accordance with Section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosures or Disclosure information has been revealed and we recognise that it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage

Disclosure information is only used for the specific purpose for which it was requested and for which the applicant's full consent has been given. No copy or representation of the Disclosure contents will be made or kept.

Retention

Once a recruitment (or other relevant) decision has been made, we do not keep Disclosure information for any longer than is absolutely necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, we will consult the CRB about this and will give full consideration to the Data Protection and Human Rights of the person before doing so. Throughout this time the usual conditions regarding safe storage and strictly controlled access will prevail.

Disposal

Once the retention period has elapsed, we will ensure that any Disclosure information is immediately suitably destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). CSAS and its agents will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However notwithstanding the above, we will keep a record of the date of issue of a Disclosure, the name of the subject, the type of the Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.

Acting as an Umbrella Body

Before acting as an Umbrella Body (one which counter-signs applications and receives Disclosure information on behalf of other employers or recruiting organisations connected to the Catholic Community in England and Wales) we will take all reasonable steps to satisfy ourselves that they will handle, use, store, retain and dispose of Disclosure information in full compliance with the CRB Code and in full accordance with this policy. We will also ensure that any body or individual, at whose request applications for Disclosure are countersigned, has such a written policy and, if necessary, will provide a model policy for that body or individual to use or adapt for this purpose.

16. What Documents are Retained and for how long?

Application Form for post (where applicable):

The application form (where relevant) is retained by the Religious Congregation; parish or recruiting organisation (as appropriate) per normal Church recruitment practices.

Safeguarding Self Declaration (formerly known as a Confidential Declaration Form or CDF):

The Safeguarding Self Declaration Form is retained for 75 years (per the instruction of the National Catholic Safeguarding Commission - 2009) by the Diocesan Safeguarding Coordinator/Officer or by the relevant person within the Religious Congregation.

The Safeguarding Self Declaration is retained for this period regardless of the appointment decision.

The Declaration signed by the applicant does state that this Form will be retained for 75 years if the applicant is appointed and conversely if not appointed, the Form is retained for 75 years. (Please note that the retention period of this form used to be 100 years per the recommendation of "A Programme For Action")

ID verification Form:

The ID verification Form, which the applicant completes for the purposes of identity verification at interview stage and is presented at that time by the applicant along with original documentary evidence of identity, is retained for 75 years.

The ID verification form is retained for this period by the Diocesan Counter-Signatory or, for Religious Congregations, by the Conference of Religious Counter-Signatories office.

The Declaration, signed by the applicant, on this form clearly indicates the retention of this form for 75 years.

In the event of the application not proceeding either due to the individual retracting their application for the role OR due to the resulting recruitment decision (of the parish, Diocese or Congregation) concluding that the individual will NOT be appointed to the role, then the ID verification form can be destroyed by secure means as outlined in the Policy on Secure Storage and Retention of Disclosures (Refer to the Secure Storage and Retention Policy located within this Policy).

ID evidence photocopies:

The photocopies of original identity documentary evidence (taken originally at interview stage for new employees and volunteers) are passed to the Diocesan Safeguarding Coordinator/Officer or to the Conference of Religious Counter-Signatories office upon conditional offer of employment.

The photocopies of identity documents are retained by the Diocesan Safeguarding office or by the Conference of Religious Counter-Signatories office pending receipt of the Disclosure Certificate.

Upon receipt of the Disclosure Certificate, assuming that there are no disputes raised about the accuracy of the Disclosure content, the photocopied identity documents are destroyed per the requirements of the CRB Code of Practice as outlined in the Policy on Secure Storage and Retention of Disclosures (See the Secure Storage and Retention Policy located within this Policy).

In the event of the application not proceeding either due to the individual retracting their application for the role OR due to the resulting recruitment decision (of the parish, Diocese or Congregation) concluding that the individual will NOT be appointed to the role, then all copies of identity documentation must be destroyed per the CRB Code of Practice as outlined in the Policy on Secure Storage and Retention of Disclosures (See the Secure Storage and Retention Policy located within this Policy).

Registered Body Disclosure Certificate copy:

The Registered Body copy of the Disclosure Certificate, sent to the Counter-Signatory who approved the Disclosure Application form, is retained for a maximum of 6 months* (in secure lockable, non portable cabinets with restricted access) per CRB Code of Practice requirements, at which time the Disclosure Certificate is destroyed by secure means i.e. shredding, pulping or burning. (*There may be regulator exceptions i.e. CQC requirements).

17. Disputes - CRB, Appeals and Complaints

Disputes relating to information disclosed on the CRB Disclosure

In the event that information is presented on the Disclosure certificate which you believe is inaccurate or wrongly appropriated to your identity, you should raise this initially with the Diocesan Safeguarding Office; Conference of Religious Counter-Signatory office or person who asked you to undertake a Disclosure.

You can then either directly dispute the accuracy of the Disclosure information with the CRB or CSAS as the Registered Body, via the relevant Counter-Signatory, can liaise with the CRB on your behalf.

Further information concerning the CRB Disputes process can be found at CRB website

18. Appeals and Complaints Regarding use of Disclosures within the Church

Appeals:

Where appeals procedures exist within:
- The policies of employing organisations
  
  OR
- The processes for selecting office-holders
These procedures will be used where an applicant wishes to appeal against a selection decision.
Appointment decisions relating to volunteer roles are final.

Complaints about Handling Disclosures:

If an applicant has a complaint about any aspect of the processing of a Disclosure Application, they should state their complaint in writing within 28 days to the relevant Counter-Signatory, who will initiate enquiries.
The Counter-Signatory will pass a copy of the written complaint to the Director of CSAS within 10 working days.
The Director of CSAS will ensure that enquiries into the complaint are undertaken within 28 days of receipt of the complaint.
The outcome of the written enquiry will be conveyed to the complainant, and subject to individual confidentiality, any actions taken to remedy the situation will be summarised. The Report will be copied to the Director of CSAS.
If the complainant remains unsatisfied by the response, they may appeal in writing to the Director of CSAS within 28 days of the Counter-Signatory's communication with them.
If the complaint relates to the Counter-Signatory, it should be made in the first instances in writing to the Director of CSAS, who will follow the process above.
If the complainant remains unsatisfied by the response, they may appeal in writing to the Chair of the National Catholic Safeguarding Commission (NCSC) within 28 days of the Director's communication with them.
The decision of the NCSC is final.

19. CSAS Internal Processes and Procedures

Appointment of Counter-Signatories for CSASs Registered Body:

The Lead Signatory (Director of CSAS) of CSASs Registered Body considers applications from those within the Diocesan or Religious Safeguarding structure in the first instance.

In order for a Diocese or the Conference of Religious to propose a new Counter-Signatory be approved, the relevant office must complete the "Request for a new Counter-Signatory to be added to CSAS CRB Reg Body Account" form. Once fully completed, this is sent to CSAS for consideration by the Lead Signatory. Additionally, a Counter-Signatory Agreement is required which must be completed and signed by the Bishop/Congregation Leader.

If this is approved in principle by the Lead Signatory, CSAS will provide guidance to the requesting office concerning how the necessary CRB Counter-Signatory application form can be received.

Once the individual receives their CRB Counter-Signatory application form, they must liaise with the PA to the Director of CSAS regarding identifying a mutually convenient date when the Lead Signatory can verify the original identity documents of the applicant and check the application form.

Once the Lead Signatory has verified identity and checked the form, the National Safeguarding Systems Adviser of CSAS will be asked by the Lead Signatory to submit the form to the CRB for processing.

PLEASE NOTE: The CRB do NOT notify CSAS if the application is approved and fully processed. Therefore when the newly appointed Counter-Signatory receives their letter of confirmation (which includes a specific Counter-Signatory reference number) a copy must be sent to CSAS without delay.

Removal of authorised CSAS Registered Body Counter-Signatories:

It is a CRB Code of Practice requirement that Registered Bodies manage and maintain an accurate list of active Counter-Signatories.

In the event that a Counter-Signatory resigns, the office concerned must complete the "Request for removal of a Counter-Signatory from CSAS CRB Reg Body Account" form and once fully completed, this is sent to CSAS for action. The Lead Signatory of CSASs Registered Body will write to the CRB, as required by the CRB, advising of the Counter-Signatory to be removed from the Registered Body.

CSAS will confirm in writing to the relevant office once the CRB have confirmed that the Counter-Signatory has been removed from the Registered Body account.

Terms and Confidentiality Agreement for those handling Disclosure material and with permission to access the National Database:

All those who have been appointed to a Safeguarding role within the Diocese, or as a Counter-Signatory based at Conference of Religious, and therefore have an entitlement within their job description to access the National Database are required to provide a completed and signed Confidentiality Agreement. The Agreement is required by CSAS PRIOR to obtaining their individually allocated secure access key fob; username and password to access the Database.

It is each office's responsibility to notify CSAS when members of staff leave employment in order that their login credentials are made inactive to prevent unauthorised access to the National Database.

Further details concerning use of the National Database are provided within the Database User Guide.

20. Specific CRB Topics or Circumstances Including Changes of Roles; Portability and DP Act

Changes of Role:

For information on changes of role and the impact on CRB Disclosures, refer to "CORRECT COMPLETION OF APPLICATIONS FOR CRB DISCLOSURES" section located within this Policy.

Portability of Disclosures:

This term refers to the use of a CRB Disclosure obtained via one Registered Body and used by another Registered Body. An example of this would be a Disclosure obtained for a teacher via a Local Education Authority as the Registered Body and re-used by another Registered Body for a different role whether that be paid or voluntary.

Prior to early 2006, the CRB provided a Portability Service which managed the process between Registered Bodies when accepting "ported checks". In early 2006, the CRB withdrew from Portability due to inherent risks with the re-use of Disclosures. The risks for example are the Disclosure is "a snapshot in time" and therefore changes in an applicants conviction record may have occurred AFTER the Disclosure was obtained by the processing Registered Body; "additional information" may have been released to the processing Registered Body; and those Registered Bodies that accept "ported" Disclosures are accepting that the Registered Body that processed the Disclosure application carried out the ID verification process fully.

The CRB advise all Registered Bodies that they can continue to use portability. Those Registered Bodies that continue to use Portability do so at their own risk and without the support and assistance of the CRB.

The Catholic Church of England and Wales and CSAS do not accept "ported" CRB checks obtained via another Registered Body.

Therefore, in the event that you have an individual who advises they have been CRB checked for another role via another organisation or Registered Body, this Disclosure MAY NOT be used for the Church role that the individual is applying for. The individual MUST complete a CSAS CRB Disclosure application and provide all accompanying documentation (i.e. Safeguarding Self Declaration form) including documents for the verification of identify.

Requests for information from other Registered Bodies who continue to use ported checks:

Whilst CSAS, and thereby its agents in Dioceses and Religious Congregations, does not accept ported Disclosures, other Registered Bodies do continue to accept Disclosures processed by another organisation. Therefore those working within the Church safeguarding structure may receive a request from another Registered Body seeking information about a CSAS processed Disclosure. The requesting Registered Body accepts ported Disclosure information at their own risk however CSAS must be aware of some fundamental Data Protection Act principles before information of a CSAS Disclosure can be shared with the requesting organisation.

The Data Protection Act principles are:

The Registered Body seeking information concerning an individuals Disclosure (obtained via CSAS) must supply the individual's written permission for the Disclosure information to be shared.
The Registered Body seeking information concerning the Disclosure (obtained via CSAS) will contact the Counter-Signatory of CSAS to ensure details supplied of the Disclosure by the applicant match to the information CSAS holds regarding the Disclosure i.e. date of Disclosure; Disclosure reference number etc. A photocopy of the Disclosure Certificate MUST NOT be taken nor supplied to the requesting Registered Body.
The requesting Registered Body can enquire if "Additional Information" (also known as "brown envelope" information) was received. You can ONLY advise if "Additional Information" was received or not. You are prohibited from advising of the content of any additional information. The CRB recommend that the requesting Registered Body submit a new Disclosure application IF additional information was released to the former Registered Body.
CSAS requires that when a Counter-Signatory releases Disclosure information to the requesting Registered Body they include the following statement in the covering email or letter:

"The information supplied is factual based on the Disclosure received for the named individual at that time and in no way can be interpreted as a reference or declaration of the person's suitability for any post involving children or vulnerable adults".

CRB Disclosures for Seminarians and Religious in Formation:

Disclosures for Seminarians and Religious in Formation will be undertaken according to the national selection procedures for acceptance to being in priestly or religious formation.

The Vocations Director, or equivalent in the Diocese or Religious Congregation of origin, will initiate the Disclosure application; verify identity before sending the Disclosure application to the Counter-Signatory for signature; ensure that the Safeguarding Self Declaration Form and Identity Verification forms have been completed and ensure details of the applicant are added onto the National Database. The Vocations Director must check that the form has been completed accurately to ensure the CRB process is not delayed due to omissions on the form.

CSAS recommends that applications for CRB Disclosures are submitted at least 2 months prior to the departure of the applicant for their seminary or religious formation house in an attempt to obtain the required clearance prior to the student arriving at the seminary or religious formation house.

It is not necessary for a CRB check to be undertaken when a transfer of institution for a seminary student takes place as the documentation should travel with the student. When the Disclosure process is completed, the Counter-Signatory will inform the Vocations Director or equivalent, who will in turn ensure that the appropriate Recto/Congregational Leader, or equivalent, is informed of the outcome. The Counter-Signatory is responsible for ensuring that Vocational Directors and Rectors (and equivalents) are aware of and abide by the CSAS CRB Policies and Codes of Practice.

Data Protection Act Considerations:

The Data Protection Act 1998 makes provision for the processing of information concerning individuals, including the obtaining, holding, use or disclosure of that information; providing those concerned give consent.

The Act allows for disclosure of "personal" and "sensitive" data if certain conditions are satisfied for example in the protection of children and/or the prevention of crime.

In addition, individuals give their consent for information to be shared and securely stored according to policy in respect of Confidential Declaration Forms, identity verification information and CRB Disclosures by signing the approved forms which are contained within this Policy.

CSAS also has (as per CRB Code of Practice) a Policy on the Safe Storage and Retention of Disclosure material located within this Policy entitled Policy on Secure Storage and Retention.

For further details on the Data Protection Act 1998, refer to the Information Commissioners office.

Administrative posts and eligibility for CRB Disclosures:

Administrative posts (regardless of whether they are deemed to be privy to sensitive and personal data including details of children) are not and have never been eligible for a CRB Disclosure. In August 2007 Parliament approved amendments to the Exceptions Order of the Rehabilitation of Offenders Act 1974. This applies to a very specific group of workers who are using a specific Government database called ContactPoint.

21. Signposting to Related Information

Nature Of Information	Websites from which information can be located:
Independent Safeguarding Authority - generic information and the ISA Guidance documentation*	Independent Safeguarding Authority
Safeguarding Vulnerable Groups Act 2006	Office of Public Sector Information
Drawing the Line - Sir Roger Singletons report 2009	Every Child Matters
Working Together to Safeguard Children March 2010	Working Together 2010
Children Workforce Development Council (CWDC) - safer recruitment guidance	Children's Workforce Development Council

* Please note that the ISA registration scheme was due to launch on 26th July 2010 however has been halted for “remodeling” by the Government as announced on 15th June 2010.

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