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CRB flaw


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If a member of staff discloses a caution by police from years ago pre-check and it does come up on crb certificate it is at our discretion if we choose to accept this isnt it? And would it be necessary to document our decision?

Edited by Andreamay
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Yes that is right. I have employed someone in these circumstances. It was a caution for a silly error of judgement in her youth. Her CRB did show it and I recorded seeing her CRB in the usual way, but didn't record anything about the caution.

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Well yes, it does depend on what the caution was for - the Registered Person has to make the judgement as to whether the caution affects the applicant's/practitioner's suitability to work with children. You'd need to have a detailed conversation with the person to find out the details of the offence and do a risk assessment type analysis to see whether there is likely to be any impact on their practice. What are the concerns, if any? What is the likelihood that the offence will be repeated?

 

I've been put in this position with an applicant whose CRB came back after a long delay, and when it did the details of the caution were there for all to see. She hadn't realised that something she did as a teenager would stay on her record forever: she'd assumed that since the conviction was 'spent' it would have gone away. No such luck if you work in childcare! Fortunately I was able to judge her present conduct and manner, so I had no hesitation in deciding she was suitable to work with children. I'm glad to say she never gave me cause to doubt my decision!

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Well yes, it does depend on what the caution was for - the Registered Person has to make the judgement as to whether the caution affects the applicant's/practitioner's suitability to work with children. You'd need to have a detailed conversation with the person to find out the details of the offence and do a risk assessment type analysis to see whether there is likely to be any impact on their practice. What are the concerns, if any? What is the likelihood that the offence will be repeated?

 

I've been put in this position with an applicant whose CRB came back after a long delay, and when it did the details of the caution were there for all to see. She hadn't realised that something she did as a teenager would stay on her record forever: she'd assumed that since the conviction was 'spent' it would have gone away. No such luck if you work in childcare! Fortunately I was able to judge her present conduct and manner, so I had no hesitation in deciding she was suitable to work with children. I'm glad to say she never gave me cause to doubt my decision!

It was disclosed when it happened and a decision was made and then put it writing however a new crb certificate applied for as we are renewing after so many years and it is on the new certificate do I need to re-address it or not do you think? like you Maz I havent regretted my decision so far! so have no reason to now!!

Andrea

Edited by Andreamay
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It was disclosed when it happened and a decision was made and then put it writing however a new crb certificate applied for as we are renewing after so many years and it is on the new certificate do I need to re-address it or not do you think? l

The new EYFS Safeguarding and Welfare Requirements state that employers must tell staff that they have a duty to report all cautions/offences/warnings and so on that might affect their suitability to work with children, so perhaps it is worth having an annual declaration to say that nothing has happened this year which would make them unsuitable. Providing they are able to sign the declaration and nothing new shows up on the new CRB when it comes through, I see no reason to readdress it at this stage: especially as you have no concerns about the conduct or behaviour of the practitioner at all.

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When I said 'yes that is right' I meant the decision is yours as to whether or not you 'accept' it. Of course it does depend on what the caution is for, and depending on this, it would be up to you how you came to your decision and the steps you would need to make that decision.

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