Child Protection in Arts: Frequently Asked Questions: Answers
Criminal Records Bureau and the Disclosure service
23a. “Who needs a C.R.B. check and how do I apply for them?”
In April 2002 the Criminal Records Bureau was set up to replace the old system of police checks and to carry out a ‘one stop service’ called Disclosures (see www.disclosure.gov.uk ). A Disclosure is a document containing information held by the police and government departments.
The Disclosures Service will eventually three levels of checks: Basic, Standard and Enhanced. For the foreseeable future, only the Standard and Enhanced Disclosures are available.
Standard Disclosure
Standard disclosure is the minimum level of Disclosure recommended
for anyone with direct contact with children. This level of Disclosure
is considered appropriate only if it can be guaranteed that the individual
will not have unsupervised access to children or vulnerable adults.
A Standard Disclosure check provides information on both criminal records (spent and unspent convictions) and the List 99 and Protection of Children Act lists (which provide names of individuals banned from working with children). The turn-around time should be two weeks but can take longer, depending on the bureau’s workload at the time.
Enhanced Disclosure
Enhanced Disclosure is for people who are in situations where they
have intensive short or long-term access to children, young people or
vulnerable adults and, as a result of this access, it would be relatively
easy for them to commit abuse. It includes the information provided by
the Standard Disclosure as well as any investigations currently underway
and may also contain non-conviction information from local police records
which a chief police officer thinks may be relevant. Enhanced Disclosures
should take three weeks but could be considerably longer, particularly
if the individual has lived in several parts of the country, each of which
will be checked. In February 2003, the typical turn-around was six weeks.
Basic Disclosure
Basic Disclosure will reveal only unspent convictions. The introduction
of this service is delayed indefinitely.
Processing Disclosures
Standard and Enhanced Disclosures must be processed through an organisation
registered with the Criminal Records Bureau. The CRB website has a list
of registered bodies. Some of these will be ‘closed’ registered bodies
and others will be ‘open’ bodies (also known as ‘umbrella’ bodies). The
Glossary explains the differences between these two types of registered
bodies.
You will need to find out what ‘open’ registered bodies exist in your area, whether they are willing to process checks on your behalf and how much they may charge. The Disclosure service website has a list of registered bodies and you should contact several of these bodies until you find one willing to process your organisation’s application. You may wish to begin by contacting the LEA in which the project is taking place. Or Ofsted may be able to help (0845 601 4771).
When an individual is applying for a Disclosure check, they will need to prove to the registered body that they are who they claim to be and live at the address they claim to live at. They will do this by showing documentation such as a passport or photo-drivers license and recent official correspondence that shows their address, such as a bank statement or utility bill.
The cost of the actual Disclosure is £12, although when volunteers are being checked, the Criminal Records Bureau has the power to do the check free of charge. Registered bodies may charge an administration fee. This fee can vary considerably and the government is considering limiting the amount that a registered body can charge.
23b. “How do I find an artist to work with?”
You should have established procedures for effective and safe recruitment of artists. These should include reviewing the artists’ experience, training and qualifications in relation to the specific project for which they are being employed.
For large projects, you may wish to advertise. Allow enough time to ensure not only that references can be taken up, but also that Disclosure checks, if needed, can be processed through the Criminal Records Bureau.
23c. “What is a Disclosure check?”
A Disclosure is a document containing information held by the police and government departments such as the Department of Health (DH) and the Department for Education and Skills (DfES). It is obtained from the Disclosure service of the Criminal Records Bureau and helps employers and voluntary organisations make safer recruitment decisions, particularly for positions that involve regular contact with children, young people and vulnerable adults.
23d. “Do I need a Disclosure check if I am working with a teacher, youth worker or other adults who are in a carer-type role?”
A Disclosure check is only needed for a person who is working directly with children, young people or vulnerable adults. However, if you are promoting the work of particular artists or arts facilitators to teachers, youth workers or carers, you are providing an employment service. Those artists or arts facilitators, before working directly with children, young people or vulnerable adults should have had a Disclosure and other appropriate background check. The level of Disclosure needed (i.e. Standard or Enhanced) will depend upon the nature of the particular project.
The issues here are similar to issues of providing names of artists through web-based or other means.
23e. “In a Disclosure, what information is given?”
The certificate assigns a 'Disclosure number' to the individual and lists the date it is issued. Employment details include:
- position being applied for
- he name of the employer.
The applicant details include:
- name
- date of birth
- place of birth
- gender
The certificate notes any:
- police records of convictions, cautions, reprimands and warnings
- Department for Education and Skills information (List 99)
- Department of Health list
- any other relevant information (information included at the discretion of the Chief Officers) of the police force(s) approached by the CRB as part of an Enhanced Disclosure
The 'countersignatory' details include:
- registered body
- name of the person who is the countersignatory (see section 2: Glossary
for
more on these terms)
23f. “How do I know what level of Disclosure is needed?”
The DfES states that it is good practice for anyone working with children, young people, or vulnerable adults to have had an Enhanced Disclosure. However, it has agreed that if the individual working with children, young people, or vulnerable adults can guarantee that they will not have unsupervised access to children, young people or vulnerable adults that a Standard Disclosure is enough.
Procedures to make sure that artists/arts facilitators do not find themselves alone with children, young people or vulnerable adults should be a part of project planning.
The Independent Review of the Criminal Records Bureau (December 2002) and the Ministerial Statement responding to that review (27 February 2003} suggest that the Home Office should more clearly define what type of person or post needs an Enhanced Disclosure and what type needs a Standard Disclosure. The Home Office is carrying out a consultation on this. These papers can be viewed on the Disclosure service website www.disclosure.gov.uk
23g.“If I get a Disclosure, do I still need references?”
Yes: Disclosure alone is not enough. You should also ask for two references for recent work with children, young people or vulnerable adults and the project organiser should check up on these. He or she should also make sure that the individual being recruited is fully aware of good practice for protection of children, young people and vulnerable adults and that their previous experience, training and qualifications are relevant.
23h. “Does the Disclosure service cover UK artists who live anywhere in the UK?”
For anyone with an address in England or Wales, the system for Disclosure checks is the same - the Criminal Records Bureau (CRB). When recruiting someone whose address is in Scotland or Northern Ireland, you must contact their own separate Disclosure services.
23i.“How can I check on an artist from abroad?”
Disclosure checks are not available for people not living in the UK. in some countries background checks can be made via the country's passport agency. Ask the relevant embassy.
The CRB is currently working out how to ensure that checks on individuals from abroad are carried out and guidance is expected on this. Check the Disclosure service website for the current position www.disclosure.gov.uk
If you cannot get a Disclosure check done, your recruitment practices must be even more rigorous. Ask for and check up on several references, specifically relating to the type of work in which the artist will be engaged. The artist must be fully aware of your protection policy and procedures and you should provide training if necessary.
Any schools or other organisations you are working with should be told that it has not been possible for you to seek a Disclosure check on the artist and must formally agree to having the artist in the project. As with all projects involving children, young people or vulnerable adults, a legally responsible staff member from the setting should always be present.
Remember that standards or 'thresholds' of abuse vary enormously from country to country and what is considered abusive in the UK may not be considered abuse elsewhere.
List 99 is a confidential DfES list of adults who are either banned from working with children or young people to the age of 18 or have had restrictions placed upon their employment. Schools must make sure that no-one who is on List 99 has regular contact with children.
23k. “How do I make sure someone is not on List 99?”
A check through the Disclosure service will determine whether or not someone is on List 99. You can, prior to seeking a Disclosure, ask applicants to give details of any criminal convictions they have had, excluding any considered 'spent' under the Rehabilitation of Offenders Act 1974.
23l. “Who has access to Disclosure information?”
The information contained in a Disclosure is confidential. The countersignatory in the organisation that has processed the Disclosure and the person who is being checked receive a copy. The countersignatory should keep the certificate in a secure place and should not keep it for a period of longer than six months, except in exceptional circumstances. The certificate should be destroyed in a way that ensures the information remains confidential, for instance by shredding it.
The Code of Practice (available at www.disclosure.gov.uk) has more information.
23m.“ I’m an artist who will be checked through the Disclosure process. What do I get after the process has been completed?”
You get a copy of the certificate.
23n. “My organisation works with ex-offenders - what will that mean in terms of Disclosure checks?”
You will need to have a discussion with the registered body about what criteria they use when interpreting the results of a Disclosure check, since previous offences could influence the outcome of Disclosure. Schools or other settings that you work with will need to know the criteria used in interpreting Disclosure for your organisation. It will be critical that your organisation has clear and well-communicated policies and procedures to ensure the protection of children, young people and vulnerable adults.
23o. “Does a Disclosure check include 'spent' convictions?”
The Standard Disclosure and Enhanced Disclosures include both 'spent' and 'unspent' convictions (see Glossary). The relevance of any conviction should be considered in relation to the post. For instance, a conviction relating to money matters would be seen as relevant for a job as finance officer, but may be less relevant for an artist-in-residence.
23p. “How significant are driving offences?”
23q. “How long does it take to get the Disclosure check through?”
Disclosure checks are meant to only take two to three weeks but the Disclosure service has at times experienced delays of up to three months. In February 2003 the typical turn-around was six weeks.
Answers compiled by Michelle Walmsley, Consultant Child Protection Trainer, Manchester. October 2003.
Sources include:
- ‘firstcheck’, NSPCC, email: infounit@nspcc.org.uk
- ‘Our Duty to Care’, Volunteer Development Agency, Tel: 028 9023 6100
- ‘Keeping Arts Safe; protection of children, young people and vulnerable
adults involved in arts activities’, Arts Council England/NSPCC, April
2003. See: www.tipp.org.uk
- ‘More Than a Policy: Towards Meaningful Child Protection in the Arts’
– TiPP/Arts Council England, April 2003. See: www.tipp.org.uk
- ‘Working Together to Safeguard Children’, Home Office, Department
for Education and Employment, Department of Health, 1999.
- ‘The Framework for the Assessment of Children and their Families’,
DoH, DfEE, H.O., 2000.
- ‘Every Child Matters’, Government Green Paper, 2003.