Religious Ministers And Crb Checks

[nailit]

Are religious ministers (priests, vicars rabbis etc ) required to undergo crb checks?
Thanks.

[ladybirder]

Good question nailit. I've no idea but they should.

[EDDIE51]

No it is of one of the jobs where a CRB check is needed.

[New Judge]

The CRB system has now been overhauled and is now operated by the “Disclosure and Barring Service” and the checks are known as DBS checks.

It has been radically amended in that now, only jobs or positions that are exempt from the provisions of the Rehabilitation of Offenders Act (ROA), or those in businesses regulated by the Financial Conduct Authority are eligible for a DBS check. We can leave aside the financial business aspect for the purposes of this answer. Exempt positions as defined by the ROA are those where applicants are not entitled to withhold details of criminal offences that have become “spent”.

The full list of exemptions is shown here:

http://uk.ask.com/wiki/Rehabilitation_of_Offenders_Act_1974

and it can be seen that religious ministers are not among the positions specifically listed. However, first on the list of exemptions is “Those working with children and other vulnerable groups, such as teachers and social workers” so it could be argued that some ministers may well fall into this category.

It is important to note that since the change to the DBS scheme it is absolutely clear that DBS checks will not be carried out for any positions not exempt from the ROA. It is also clear that those positions where employers previously thought it would be nice to have a CRB check on their potential employees (mainly for their own peace of mind) will now not be entertained. The DBS is not designed to protect employers from the possibility of taking on somebody who might be prone to dishonesty. It is designed to reduce the likelihood of someone with an unsuitable past being recruited to a position where they may deal with children or vulnerable adults.

[EDDIE51]

New Judge thanks for that, it seems to have cleared up a lot of the problems with CRB checks.
I have been offered work as a cleaner at a school, but the hours are after the school has closed , they say I must get a CRB check, is this correct? I already have an enhanced CRB but it expires next month. Don't want to get another one if it is not needed.

[boxtops]

I work voluntarily with youth, and although it's highly unlikely that we'll ever be alone with a child, we just might - so we have to have enhanced CRBs, eddie. Roll on the day when one check does several organisations!

[New Judge]

I don't think so, Eddie, though your potential employer might argue otherwise if he can show that there may be children around whilst you are there or something like that. I have had some dealings with this issue since the changes came about and the DB Service are now quite strict in who they will provide checks for.

One of the main changes worth a mention is that it is now the job applicant who has to make the request for the check. However, it is the responsibility of the employer to ensure that a check is necessary under the DBS regulations.

There is plenty of guidance available on the .gov website but of particular interest to you may be this:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260319/DBS_guide_to_eligibility_v2.2.pdf

Page 2 tells you what to do if you have been asked to obtain a DBS check but are unsure if the position requires it. It is not straightforward as far as schools go, but I think the crucial criterion is that the postholder must be in a position to have "regular contact with children". I read that to imply that a post where the holder may occasionally come into contact with children (as people in many jobs might) is not eligible. I would suggest that an after-hours school cleaner is unlikely to have regular contact and so would not be eligible.

The school, of course, will take a different view and the jobsworths at the local education department will want you checked "just to be on the safe side". However, my recent dealings with this issue suggest that the DB service is far more robust than its predecessors and they may take a different view. I suggest you get in touch with them as the guidance suggests.

[nailit]

Thanks for replies guys. Was just curious as it came up in a conversation last night.
Still a bit stumped though as to why I was asked for a DBS check to work, as a volunteer, in a charity shop http://www.theanswerbank.co.uk/Law/Question1307860.html. but I could get a job as a priest without a problem. Very odd.
Thanks again.

[New Judge]

I think we covered that in the earlier question, db.