Buy With Confidence - Criminal Records Disclosure

1	Introduction
1.1	The Buy With Confidence scheme is committed to encouraging high business standards, and to promoting an environment in which consumers can buy goods and services safely. For this reason, applicants and members of the schemes are asked to provide information in relation to criminal records.
1.2	It is a condition of membership that Basic Disclosure certificates are provided for some personnel. This document provides guidance about what is required.
2	Who needs to do CRBs
2.1	All staff who do work in or around domestic premises (which includes gardens and land and buildings attached to the property) are required to do a CRB. This would not normally include occupations, where in the normal course of events the work would only constitute a visit to a door of the property. However, note also 2.4 below.
2.2	All staff who have unsupervised access to vulnerable people through their job are required to carry out a CRB check.
2.3	CRBs are not required for directing minds of businesses unless they are going to domestic premises or will have access to vulnerable people (see 2.1, 2.2)
2.4	At the discretion of the Scheme Operator, if intelligence received or other circumstances warrant such an approach, then exceptional checks may be carried out on an individual or individuals.
3	Sub contractors
3.1	Sub contractors working in circumstances outlined in 2 will be required to have CRB checks, unless they are supervised at all times by the owner and/or an employee of the applicant business, who has had a CRB check.
4	How often should CRB checks be repeated?
4.1	CRBs are required only on application to the scheme.
4.2	Where applicants have a CRB which is less than 12 months old this is accepted, provided the individual signs a declaration that there have been no convictions subsequently or pending. If a CRB check is more than 12 months old a new check will be required.
5	New employees
5.1	Where applicable as above, new employees are required to complete a CRB within 4 weeks of joining the business. The owner/director is responsible for ensuring this procedure is completed and the scheme operator informed.
6	Overseas employees
6.1	Applicants/employees from overseas are required to provide a CRB of equivalent to cover the last 7 years.
7	Minors
7.1	CRBs checks are required for minors working in the circumstances specified (see 2.1, 2.2)
	Please note that some members of Buy With Confidence (who were previously CustomerFirst members) do not currently have CRB checks but will be required to complete checks retrospectively. Please contact us if you require further information
8	Basic Disclosures
8.1	A Basic Disclosure (termed as a "criminal conviction certificate" in Part V of the Police Act 1997) is the lowest level of Disclosure and is available to anyone for any purpose, on payment of the appropriate fee. It contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974 or state that there are no such convictions. This type of Disclosure is only issued to the applicant. It is not job-specific or job related and may be used more than once.
8.2	Basic Disclosures can currently only be obtained from Disclosure Scotland. They are valid throughout the UK. The cost of obtaining a basic Disclosure is currently £20.00 per person.
8.3	This is the cost charged by Disclosure Scotland and no fee is added by the scheme operator. The cost of obtaining Disclosure is to be borne by the applicant or member business, and will not be funded by the scheme operator. These fees were current at the time this document was released - please check the website for any changes in cost. www.disclosurescotland.co.uk
9	Other types of Disclosure
9.1	Other forms of disclosure may be accepted in place of a Basic Disclosure, at the discretion of the scheme operator. Standard or Enhanced Disclosure issued by the Criminal Records Bureau, will usually be accepted (NB the applicant/member is asked to note the provisions of the Rehabilitation of Offenders Act and Data Protection Act when obtaining this information or sharing it with any third party, including the scheme operator).
10	What if a conviction is recorded on the disclosure certificate?
10.1	A balanced judgment will be made having regard to factors such as:- The nature of the offence Its relevance to the post, position or profession in question How long ago the offence took place The person's age at the time Whether it was an isolated offence or part of a pattern of offending What is know about the person's conduct and character before or since
10.2	At the Scheme Operator's reasonable discretion, it may be possible to agree a course of action which will allow an application or membership to continue. Examples of appropriate action could include: Change of duties for the staff member/sub-contactor concerned Further Disclosure to be carried out periodically Additional supervision arranged Detailed information about the circumstances to be obtained from the courts or other relevant body
10.3	If there is a perceived risk to customers or to the integrity of the Scheme, the disclosure may be deemed adverse. An adverse disclosure may mean that a application is refused or, if the business is already a member, membership may be terminated or suspended.
11	Appeals
11.1	If a Scheme Operator deems a disclosure to be adverse, and you believe the decision to be unfair, you are entitled to make an appeal in writing for the decision to be reviewed. You (or the person subject to appeal) may be asked to supply additional information or to attend a meeting as part of the review process.
12	Privacy
12.1	Disclosures and accompanying information supplied to us will be treated confidentially, in accordance with the Data Protection Act 1998 and any other relevant legislation. Only staff within the Trading Standards Service will have access to the information and it will not be used for any other purpose than is stated. The information will not be passed to any third party organisation unless this is required by law.
12.2	The original Disclosure certificate(s) will be retained for a short period while under review. This period will not normally exceed 6 months and may be much shorter. After review, certificates will be returned by standard post, or on request by recorded delivery. Only the minimum necessary information will be retained thereafter and will be kept in a lockable storage facility.
13	Other Sources of Information:
Information Commissioner's Office (Data Protection): 08456 30 60 60 or www.ico.gov.uk
Disclosure Scotland : 0870 609 6006 or www.disclosurescotland.co.uk
Criminal Records Bureau: 0870 90 90 811 or www.crb.gov.uk
Citizen's Advice Bureau (Employment Law): www.citizensadvice.org.uk (no general number)

Criminal Records Bureau (CRB) Disclosure