Annex I. Club CRB Check Process

Requirements for Criminal Records Bureau (CRB) Checks - Procedure for Dealing with Positive Disclosures and Complaints

1 Introduction

1.1 All BCU coaches are now required to undergo an enhanced CRB check. Other volunteers taking roles of responsibility (e.g. Committee Members) that could lead to them coming into contact with children and/or vulnerable adults within the Club will also be required to undergo an enhanced CRB check as their Services1  may necessitate interaction with children2 and/or vulnerable adults.  This document sets out the procedure for dealing with positive disclosures3 issued by the CRB4. In addition, this document sets out the procedure for dealing with any appeal against a decision taken at Club level to terminate or restrict membership on the basis of the information highlighted by the disclosure process.

1. 'Services' is the term used for any coaching and voluntary help that coaches and volunteers give to the Club and its members.
2. Anyone under the age of 18 years should be considered as a child for the purposes of this document.  This definition is drawn from the Department of Health and Social Services document entitled 'Co-operating to Safeguard Children' which is available at the following website: http/dhsspsni.gov.uk/publications/2003/safeguard.
3. 'Positive disclosure' is a term used to describe disclosure forms that are received and which highlight information that might render a person unsuitable to work with children and/or vulnerable adults. It also includes information that may make the person venerable themselves should the information become public knowledge.  
4. It is recognised that the Club Chairman (who is a registered with the BCU) will, on occasion, be in receipt of disclosure information relating to coaches and volunteers.   Positive disclosures will be considered by the Club Chairman and, if necessary, will be referred to a meeting of the Disclosure Panel if they are deemed to be sufficiently serious/contentious.  In addition the Welfare Officer, who is also registered with the BCU, may receive positive disclosures that will also be referred to the Disclosure Panel if they are deemed to be sufficiently serious/contentious.

1.2 This procedure has been produced on the premise that the majority of requests for CRB disclosures will take place at the point of commencement of Services.  Normal membership does not require a CRB disclosure as a condition of entry, however, members may wish to engage in activities that require a CRB disclosure during the course of their membership, e.g. example a member may wish to undertake a project or post within the Club involving regular contact with children or they may wish to get involved in the Club's widening participation activities. It is anticipated that the procedure set out in this document can still be used for existing members undertaking activities that require them to apply for a CRB disclosure.

1.3 The CRB currently only provide disclosure information for residents in England, Scotland, Wales and Northern Ireland whereas, occasionally, members seeking to undertake volunteer Services are from overseas.  To ensure the safety of children and vulnerable adults and the parity of treatment between applicants, all members should be required to produce evidence of previous good conduct before they are permitted to undertake such duties.  

1.4 This document is supported by three documents as follows:

• Sutton Bingham & District Canoe Club Child Protection and Harassment Policy
• Sutton Bingham & District Canoe Club Code of Conduct
• A flowchart for dealing with positive disclosures and complaints (Figure 1)

These are available from the Chairman or Secretary. These guidelines for dealing with positive disclosures and complaints have been devised following discussion with the BCU.  Advice and guidance with regard to the disclosure process can be found on the following websites:

• www.crb.gov.uk
• www.disclosure.gov.uk

The Club's Chairman or Welfare Officer can also be consulted with regard to issues relating to the CRB disclosure process.  

2 Guidance for Dealing with Membership Applications that Require a CRB Disclosure  

2.1 CRB: Guidelines for Admissions

2.1.1  All membership forms must make it clear that adult member's participation in some roles within the Club is subject to a satisfactory enhanced disclosure having been received.  

2.2 Registration

2.2.1  Where possible, a personal disclosure form should be gathered from all adult members prior to them participating in Club activities. If the new member wishes to provide Services to the Club, then an enhanced CRB disclosure should be sought as soon as reasonably practicable.

2.2.2 It is recognised that it will not always be possible to gather disclosure information in advance of commencing Services.  It is further recognised that the CRB's process for issuing the disclosure may not have been completed by the time Services commence and consequently the disclosure process may have been initiated but the Club will not be in receipt of the requisite information about a member at the point of commencing Services.  In such cases the following action should be taken:

• Members should be permitted to commence Services but on the understanding that their continued Services is dependent upon the production of a satisfactory disclosure;
• Those members for whom a disclosure is not held at the point of commencing Services should be required to sign a disclaimer to the effect:  

"I <<insert member's name>> understand that I am able to commence Services today even though I have not yet obtained an enhanced disclosure issued by the Criminal Records Bureau and that the Club has the right to withdraw my Services and/or membership should the outcome of my application for an enhanced disclosure not be satisfactory as determined by the Disclosure Panel.''

2.2.3  Any member commencing Services without the necessary disclosure, but having been asked to sign a disclaimer, should not provide Services unaccompanied until the temporary lack of a disclosure has been resolved.

2.3 Dealing with Positive Disclosures   or complaints

2.3.1  The vast majority of disclosures will be non-contentious.  However, the Club's experience is that, on occasions, the disclosure reveals information that needs to be dealt with sensitively and carefully.  When dealing with the information revealed by a disclosure or complaint the Club should be mindful that the possession of a criminal record does not automatically debar a member from commencing or continuing their Services and/or membership.  In general a criminal record is not to be regarded as an absolute obstacle.  However, the Club must balance the interest of the applicant with its responsibility to the general public and the Club reserves the right to exclude persons who have a criminal record from activities and/or membership.

Note: Under the Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000, a number of people are banned from working with children.

2.3.2  When a disclosure is positive or a complaint is received, the Club Chairman and/or Welfare Officer is required to make a judgement about the seriousness of the information provided.  If the information is deemed to be sufficiently serious that it is likely to debar the applicant from activities and/or membership then the matter should be referred immediately to the Disclosure Panel (see section 2.4 below).  

2.3.3 If a complaint is made or a disclosure is positive but of a seemingly minor nature, or if the complainant wishes it to remain confidential then the individual concerned should be asked to respond to the nature of the information provided on the disclosure form or in the complaint. The individual should be asked by the Club Chairman or Welfare Officer to comment on the nature of the information revealed by the complaint or disclosure form and/or invited to discuss the nature of the incident. Written records should be kept by the Club Chairman or Welfare Officer.

2.3.4 Following this investigation, if the Club Chairman and Welfare Officer believe that the information gathered in relation to the disclosure/Complaint shows that the misdemeanour is not serious and is unlikely to debar the applicant from activities and/or membership then they should allow the applicant to commence Services.  However, if the incident(s) is/are more serious than had been initially thought, the matter should be referred to the Disclosure Panel.  

2.4 Disclosure/Complaints Panel

2.4.1  The Club has established a Disclosure Panel, which will meet on an ad hoc basis to consider cases referred to it by the Club Chairman or Welfare Officer.  The Panel should comprise at least four members selected from the Committee's Executive posts, and should include the Club Chairman and/or the Welfare Officer whenever possible.

The Club Chairman is to act as the Chair of the Panel (this role can be undertaken by the Club's Vice Chairman in the event that the Club Chairman is unavailable).  In addition, a Disclosure Panel secretary (this would normally be the Club Secretary) should be identified to ensure that the decision of the Panel is recorded and conveyed to the relevant parties.   

2.4.2  The Panel will consider only the information contained in the complaint or on the disclosure form and an acknowledgement from the applicant must be sought in advance of the Panel meeting. Proof of previous CRB checks being carried by other organisation may not be considered The Panel should also offer the applicant the opportunity to attend the meeting at which their case will be considered to discuss the nature of the information highlighted by the complaint or disclosure form.  

2.4.3 Following consideration of all available information and documentation, the Panel should decide whether or not to allow the applicant to continue to provide Services and/or continue membership.  Minutes of the meeting should be recorded along with a risk assessment where appropriate and a decision conveyed in writing to the applicant within three days of the meeting of the Panel.  

2.4.4  An applicant will have the right to appeal to the Chairman or Welfare Officer against the decision of the Disclosure Panel (see section 2.5 below).  In addition, if the Disclosure Panel is unable to reach agreement about whether or not the applicant should be refused membership or disciplined then the case shall be forwarded to the BCU for a final decision.

2.4.5  Guidance for persons and/or Panels considering whether or not to debar an applicant from activities and/or membership can be found in the publication ''Recruiting Safely'', which is available on the disclosure website (www.disclosure.gov.uk ).  

2.5 Appeals Against the Decision of the Disclosure Panel

2.5.1 An applicant can appeal to the Chairman or Welfare Officer against the decision of a Disclosure Panel to debar an applicant from activities and/or membership on the basis of the information gathered in relation to the complaint or disclosure form. This appeal must be made within five days of receipt of the panel's decision

2.5.2 An appeal may not question the judgement of the Disclosure Panel and is expected to contain new evidence of a substantial nature, or a new interpretation of evidence additional to or different from the evidence and interpretation already considered by the Disclosure Panel in reaching its decision.

2.5.3  Appeals will be considered by the committee in full, the committee may ask the BCU for advice and guidance through the Welfare Officer or Club Chairman

2.5.4 Any appeal must include a statement from the applicant setting out the grounds on which they are making the appeal and must include all relevant details, together with supporting documentation or information.  Supporting documentation will also be gathered from the Disclosure Panel.  The decision of the Committee will be final.

2.6 Dealing with Non-Conviction Information

2.6.1  The CRB may issue information on a disclosure form relating to an applicant that does not reveal any criminal conviction but may indicate that the applicant is unsuitable to work with children or vulnerable adults.  This non-conviction information will be revealed to the Chairman or Welfare Officer only and not to the applicant.

2.6.2 Non-conviction information may be revealed relating to people whose names are held on List 99 (held by the Department for Education and Skills) and the Protection of Children Act list (held by the Department of Health).  Any disclosure indicating that the applicant appears on one of these lists will not be revealed to the applicant.  If this information is revealed on a disclosure form the Chairman or Welfare Officer should immediately debar the applicant from membership but they must not reveal the reason why to the applicant (see section 2.7.2 below).  The applicant should be advised to contact the CRB if they wish to dispute the decision.

2.6.3  A local police force may also disclose non-conviction information; this may include information about a current investigation.  This information may be very important in determining whether someone is suitable for activities and or membership within the Club.  It must be remembered that this information should not be passed on to the applicant.  In such cases, the chairman should make a judgement about the seriousness of the information provided.  If the information is deemed to be sufficiently serious that it is likely to debar the applicant from activities and/or membership then the matter should be referred immediately to the Disclosure Panel (see section 2.4 above).  When dealing with cases of this type, the Disclosure Panel must consider the case in confidence and not allow the applicant any opportunity to comment.  If it is agreed that the applicant should not be permitted to Commence Services and/or membership they should be informed and advised to contact the CRB if they wish to dispute the decision.

2.6.4  A formal police caution is also information that does not relate to a conviction but will be recorded as part of the disclosure process.  Unlike other non-conviction information (see sections 2.6.2 and 2.6.3 above) applicants will be aware of cautions recorded on their disclosure form.  A caution can only be issued if an applicant admits to committing an offence and, as cautions can be given for some serious offences, they should not be disregarded.  

2.7 Recording Decisions and Risk Assessments

2.7.1  Any records should be sealed and stored securely in the Welfare personal disclosures file and will only be made available to the Club's Disclosure Panel, Club Chairman and Welfare Officer.

2.7.2 Any decision to debar a member shall be copied to the BCU.

2.7.2  Any decision to debar membership and/or Services will only be recorded as "following advice given by the British Canoe Union" in non-secure documentation such as membership records and General Committee Meeting records.

2.7.3  A member or prospective member may prevent the outcomes of a positive disclosure from being discussed by a Disclosure Panel only by resigning from the Club in writing to the Club Chairman or Welfare Officer prior to the panel meeting. This resignation letter must undertake not to apply for membership of the club in the future

2.7.4  A member may only prevent stored information from being revealed to newly elected Club Disclosure Panel, Club Chairman or Welfare Officer by resigning from the Club in writing to the Club Chairman or Welfare Officer.

Figure 1 - Flowchart for Dealing with Positive Disclosures and Complaints