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Crb/ Dbs Checks

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nailit | 16:59 Fri 17th Jan 2014 | Law
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Is there any rules regarding who can insist on a DBS check or can any employer insist on one?
Ive recently applied for voluntary work in a charity shop and have to fill a DBS form out. I was under the impression that checks were primarily for people working with vulnerable people. ive worked in charity shops before and neither the paid staff or volunteers had CRB / DBS checks.
For those of you who know me from my previous posts you will know that ive had a few issues that have led to getting myself a police record but it feels like everywhere I go Im hitting a brick wall with these checks. I cant even GIVE my time away now let alone get paid work.
Also how is a DBS check any different from the old CRB check.
Many thanks for any replies guys.
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Not quite so, Peter. Employers and voluntary organisations cannot simply choose to ask for a DBS check on a whim. I believe that a number of them are asking for DBS checks unnecessarily. The criteria for the requirement has been tightened and is now thus: Standard checks – To be eligible for a standard level DBS check, the position must be included in the...
18:52 Fri 17th Jan 2014
DSB is the new name for CRB I think.

Can't help but good to see you!
Question Author
cheers guys. Had a look at the link but it doesnt explain how DBS differs from the CRB checks and I cant find out the rules about who can insist on a check. I just find it ridiculous that I cant even GIVE my time working in a shop. As ive said, I thought that checks were to prevent offenders working with vulnerable people not to give all and sundry information about your past and then discriminate against you.
If you want to work at these places and they have a CRB - DBS condition - then you have to undergo it. SInce your conviction will show up, you should own up anyway.
Not quite so, Peter.

Employers and voluntary organisations cannot simply choose to ask for a DBS check on a whim. I believe that a number of them are asking for DBS checks unnecessarily. The criteria for the requirement has been tightened and is now thus:

Standard checks – To be eligible for a standard level DBS check, the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

These are positions which, if applied for, requires the applicant to disclose convictions which are “spent” under the ROA. The full guidance can be found here:

http://www.hrbc.co.uk/crb-eligibility-criteria-2

But to save you wading through it, working in a charity shop is specifically mentioned:

========================
Volunteer in a Charity shop

Although the function of the shop may be to provide financial support to a charity which may help children or some vulnerable adults, there is no requirement for people working in the shop to be DBS checked. Although children may come into the shop, any contact is incidental as with any merchandising outlet. Additionally, although a shop assistant may be dealing with money, unless they are working in a position which is regulated by The Financial Services Authority (FSA), they are not eligible for a DBS check.
==========================

I believe that not only are these organisations making themselves look ridiculous by insisting on unnecessary checks, but they also face forfeiting the fee payable when they make their application.


new judge,
many charity shops, YMCA for instance, have volunteer workers (unpaid) who are themselves vulnerable - learning disabilities of various sorts. perhaps they feel that a check is sensible to try and ensure that those "workers" are not exposed to avoidable risks. i.e. putting them along side someone known to be potentially violent for instance.
Thanks New Judge
I had got stuck at the stage where

anyone could ask for a CRB because there are real pairvz out there - really dairty - and just-to-be-sure. So one had to shrug and think so-be-it

I am glad the pinko wet bleeding-heart-liberal human rights faction is fighting back.

I had to do level-3 child protection because some Mandarin thought it was a good idea, even tho none of us fitted the criteria - unsupervised contact with a set child over a long period of time.

I was aware that there were far too many CRB checks
but was not aware that someone had the wit to do summit about it
That may well be true, browntrout but the same problem could apply to any employer or organisation who employees people who may be vulnerable.

The DBS checks are not there to protect employees (or volunteers) from each other. I may be interpreting it incorrectly but I’ve read the guidance a couple of times and it is quite clear that it is the occupation or position that is considered (and must be listed among the exemptions to the ROA) whilst the vulnerability of others in the same occupation is not a consideration.
new judge,
Thanks .
Question Author
Thanks for replies guys, very helpful. Still unsure if theres ant difference between CRB and DBS checks though.
From what I can see they are identical in every way barring the names "CRB and DBS" I have copies of both CRB and DBS and they are the same with different names on the top.
I think they just changed the name.
Question Author
Thanks Ratter,

From my link

//Disclosure and Barring Service (DBS). CRB checks are now called DBS checks.//
It looks to me like you can now pay a fee of £13.50 (I think) and you can then access your DBS on line for a year once the the full DBS has been done, this then gets updated should you commit an offence. I would imagine that you would then no longer be required to have another DBS done if you change jobs. I'm not quite sure how it works but this is my understanding of it.
Interesting point New Judge on a hypothetical point of view
[ having had a colleague in the work place screwed on this very point]

If an employer employed a vulnerable worker - or someone who became vulnerable but wasnt at appointment - and the point came up on what is the purpose of DBS checks.

It didnt occur to me as a non-legal co-worker to say- "oh that has nothing to do with this situation". I am not sure if it would have got up and run if I had. I took the view that because the employee said he was vulnerable (prompted by his employer I might say) didnt mean he was....
I simply don't believe, Peter, that the employer would be permitted to have his employees subject to a DBS check if the positions they were filling did not meet the criteria.

The situation you describe could apply to any employer and the DBS scheme is not designed for the protection of fellow employees. Any employer keen on getting his employees DBS checked (but who would not normally qualify) need only employ an aleegedly vulnerable adult and he would then qualify.

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