Police Subject Access Form

[_the_whiz_]

My friend recently completed a subject access form
and sent to the local constabulary. He wanted to check whether a minor caution when he was 16 would still be on record (is 32 now). This has come back clear (i.e. no personal information held in the Person Record category of the Police National Computer) . So in terms of applying for jobs that require CRB checks, is he in the clear? He asked me because I work for a bank but I don't know. I think CRB checks are only done when the job involves working with children - he's applying for a job in admin in a hospital.

Thanks

[paraffin]

There shouldn't be any need for a CRB check for the job for which he's applying.
Are you sure he was cautioned at 16? He should either have been given a reprimand or final warning at that age, not a formal caution.

[pink-kittens]

I am sure that even an admin position will need a crb check as it is more than possible your friend will come into conatce with a patient at some point

[loonytunes]

Why did your friend not apply for a basic CRB check in the first place?

[_the_whiz_]

Hi

I think the employer has to complete and push through the CRB check; my friend was not able to do this independently so the Subject Access form seemed to be a good way forward.

Thanks

[loonytunes]

Anyone can get a CRB check for themselves to see what is there. People who want to sell alcohol have to produce one to get the appropriate licence. Last time I looked it was about �20

[kempie]

Current legislation does not allow individuals to apply for a CRB check on themselves. Organisations that require CRB checks as part of job or licensing application must be registered directly with the CRB or use the services of an organisation that is registered with the CRB.

http://www.crb.gov.uk/Default.aspx?page=381

[loonytunes]

Sorry, Kempie, you are wrong. I have worked for a Council Licensing Section for many years and have dealt with applications for Personal Licences since the Licensing Act 2003 was enacted in November 2005. To get a licence you have to complete an application form and accompany this with a Basic Certificate issued by the CRB. The CRB in Liverpool currently do not issue such basic certificates so everyone has to apply to CRB Scvotland who will.

To quote fro their website, "In the case of Basic Disclosures, the individual is able to apply directly to Disclosure Scotland, and the Disclosure certificate is sent to the individual only"

www.disclosurescotland.co.uk/FAQ2.htm.

[kempie]

OK... current legislation for England and Wales does not allow for individuals to apply for a CRB check, as borne out by your reference to Liverpool (No) and Scotland (Yes).

[pfabc123]

Hello the whiz
My understanding is that your friend has completed a Form 3019. There is a difference between the PNC file and the arrest file that police have. My understanding is that all arrests remain on file indefinately. I believe he has had a basic disclosure come back as clear.
If he wants to work where there could be vulnerable of young people the employer would conduct the following type of CRB.
Standard Disclosure
This contains information about both spent and unspent convictions, as well as cautions, warnings and reprimands. It is available in relation to posts that involve regular contact with Children and other vulnerable groups. It also checks information held by the DH and DfES. Standard disclosures are also issued to people entering certain professions, such as legal and finance professions, to name but two. This Disclosure can ONLY be obtained through a Registered Body to the CRB, not by the individuals themselves. I cannot see why he would be predjudiced against for just a caustion unless it was involving violence or sexual offences.

I had the need to apply to have an arrest removed and was successful after one year. The case was seen as exceptional and my dna, fingerprints and PNC record was erased. The arrest record however remains which I think is a disgrace.
Best of luck

[loonytunes]

To summarise, Basic CRB check is not available in England but anyone can apply to CRB Scotland for these detgails.

Standard CRB check has more detailed information for those who are employing people in more responsible positions.

Enhanced CRB check will also give intelligence from Police files (eg. about child protection issues) for the benefit of the prospective employer.