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Ask the Union

Q 

I’ve recently heard that the CRB is due to be replaced by the Disclosure and Barring Service. What will this mean for teachers?

A

The Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) merged in December 2012 to form the Disclosure and Barring Service (the DBS). This will mean:

• Previously when a teacher applied for a CRB certificate a copy would be sent to the prospective employer, or ‘registered body’ (if different) and the teacher at the same time. This meant even if you successfully challenged misleading or inaccurate information in the certificate, the prospective employer would already have seen it and formed an opinion as to your suitability. In future, certificates will be sent to you first so you can challenge such information and have corrections made before the certificate is disclosed to a prospective employer.

• There is a stricter test for chief constables to follow before disclosing information about you that is held locally by police. Such information can include non-conviction information, which is often referred to as ‘soft information’. Soft information may include details of unfounded or unsubstantiated allegations. The chief constable may now disclose such information only where he or she reasonably believes that it is relevant to the job you are doing or have applied to do. Previously, the chief constable could disclose such information if he or she believed it ‘might be’ relevant.

• If a chief constable makes a decision to disclose soft information that you believe is irrelevant and/or ought not to be included in the certificate, you will be able to refer your complaint to an independent monitor who will adjudicate on the matter. This is a significant improvement – previously the only way to challenge a decision by the chief constable was to make an application for judicial review.

The NUT welcomed these changes when they were consulted, but believes they do not go as far as they could. Further changes are proposed for 2013, including the introduction of a CRB electronic updating service, but details are not yet available.

For more information on NUT guidance on CRB checks visit www.teachers.org.uk/node/16790

Ask the Union