In September 2012, important changes to criminal records and barring arrangements are being implemented to create an effective safeguarding system, where harm or risk of harm is identified, acted upon efficiently and ultimately prevented. Careful recruitment is important for care homes; various steps can be taken to identify the right employee. What are the changes and how will they affect care home recruitment?

Changes to criminal records and barring arrangements

Some responsibilities remain the same (and failure to comply is a criminal offence):

  • When an employee is dismissed or prevented from regulated activity for posing a risk to a vulnerable group, the Independent Safeguarding Authority ("ISA") must be informed. If the employer believes a criminal offence has been committed, the police should be contacted.
  • Care homes must not knowingly engage someone barred by the ISA.

New definition of regulated activity

Regulated activity will be scaled back to focus on work involving close and unsupervised contact with vulnerable groups - reducing the number of people covered to 5 million. People carrying out activities no longer defined as 'regulated' will not be subject to barred list checks but will still be eligible for enhanced CRB checks.

Adults

Adults are no longer identified as 'vulnerable'. Instead, activities are specified which, if any adult requires them, will mean that particular adult will be considered vulnerable at that specific time, regardless of the context, personal characteristics or circumstances of the adult.

New regulated activities are as follows: providing (i) health care and/or social work and (ii) personal care, including anyone who prompts an adult who cannot make a decision to undertake such activities; assistance with cash, bills or shopping and in a person's own affairs; transporting (excluding family, friends and taxi drivers).

Controlled activity which covered people who have less contact with vulnerable groups will be repealed.

Police powers

The police's statutory powers to provide certain sensitive information will be repealed but will retain common law powers to provide information where necessary.

Changes to CRB checks

People under the age of 16 can no longer apply for a CRB check.

The test for police disclosing information held on enhanced CRB checks will be more rigorous. They must consider whether they 'reasonably believe it to be relevant' and ought to be disclosed. Applicants can also review their enhanced CRB certificate for unnecessary information through the Independent Monitor.

Third parties can challenge information on a CRB certificate if they believe it is incorrect. In December 2012, the CRB and ISA will merge into the Disclosure and Barring Service (DBS), to carry out combined functions. In 2013, a new Update Service will allow individuals to subscribe and apply for a CRB check just once. Their certificate will be kept updated online (for a fee).

How the changes affect care home operators

Under the new guidelines, organisations can decide what checks are needed. Each role should be examined to decide whether it falls into the new definition of regulated activity. Organisations should consider redefining roles particularly for administrative and nonresident staff, so that they fall outside the definition, thereby reducing the pressure when recruiting for non-regulated activity roles. The usual measures should still be taken to recruit the right person; e.g. obtaining references, face to face interviews and enhanced CRB checks.

With the new Update Service and DBS, recruitment should be more streamlined making it easier for organisations to comply with the law.

Organisations must fully understand the new obligations and update employees. Failure to comply could result in a criminal sanction and put vulnerable adults at risk. A precautionary approach should be taken. Organisations should seek advice from a legal representative or appropriate body if they are unsure of the changes and how they are affected.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.