Under the Rehabilitation of Offenders Act 1974 someone with a criminal record does not have to disclose what are regarded as spent convictions unless the position they are applying to work in is listed as an exception under the Act.

 

Before considering asking someone to make an application for a Standard or Enhanced Disclosure, a recruiter is legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history and their spent convictions.

 

 

 

Types of CRB Disclosure

 

The Standard Disclosure is primarily available for regulatory purposes, for example certain high level positions within the financial industry.

The Enhanced Disclosure is only available for those roles which will involve the individual working with vulnerable groups. Any individual undertaking a “Regulated Activity”, either through employment or as a volunteer, will require an Enhanced CRB Disclosure.

 

A Regulated Activity is defined as:

 

Activity involving contact with children or vulnerable adults that is of a specified nature (e.g. training, teaching, care, supervision, advice, medical treatment or, in certain circumstances, transport) on a frequent, intensive and/or overnight basis. Activity involving contact with children or vulnerable adults in a specified place (e.g. schools, care homes, etc), on a frequent, intensive and/or overnight basis. Fostering and childcare Certain specified positions of responsibility (e.g. school governor, director of children’s services, director of adult social services, trustees of certain charities).

 

Note: ‘Frequently’ is defined as one occasion per week or more on an ongoing basis with the same group of children or vulnerable adults. In health and personal care services frequent is once or more a month on an ongoing basis.

 

Note: 'Intensive’ is defined as on four or more occasions in any 30 day period with the same group of children or vulnerable adults.