CRB Check for IT position in Insurance/Finance

[nick9one1]

Hey,

 

A number f yours ago - 12 I think. I recieved a reprimand which shows on a CRB check. I know this because I applied for a position that required one and it showed up.

It turns out the company wasnt legally allowed to request a CRB check, but I didnt know that at the time (and I had forgotten about the reprimand!).

 

I've just applied for an IT position in the financial sector, and wondered if anyone could advise me if it will require a check?

 

I recently contacted and had this very thorough and informative reply which suggests it will not.

 

As a reprimand is not a conviction, it is considered ‘spent’ immediately under the terms of the Rehabilitation of Offenders Act 1974. For the majority of IT roles, you will not need to disclose it as these roles are not exempt from the Act.

 

The only exceptions might be if you are working in an environment specified by the Safeguarding Vulnerable Groups Act 2006 – i.e. a school, hospital or care home. Due to the nature of the environment, the employer would be entitled to ask you for a full criminal record declaration, of both spent and unspent offences.

 

Assuming that you will not be working in such an environment, your employers should not request a Standard or Enhanced CRB disclosure from you. They may ask for a Basic Check (from Disclosure Scotland) which would not show your reprimand.

 

If you are given a CRB form to complete (these have the CRB logo on them, with a Liverpool address) and you are not in an exempt role, the check is unlawful and your employers would be in breach of the Data Protection Act 1988. If you think you are being asked to undergo an unlawful CRB check, you should contact the CRB Customer Services desk and ask to speak to somebody who works in the inception (of unlawful applications) department.

 

Nacro, the crime reduction charity

T: 020 7840 6223 F: 020 7840 7240

[andydd]

I dont think we can add any more to what Nacro have said.

 

I find CRB checks rather dubious, clearly I would expect to have one if applying, for example, an IT job in a school but beyond that I think its rather questionable.

 

The info. from Nacro is very useful, i wonder if anyone can add to it reagrding the amount of time passed, do offences/cautions/reprimands 'drop off' after a period of years, I thought they did.

 

Personally I'd very much doubt whether anyone cares about a reprimand 12 years ago, except for perhaps the most sensitive of jobs.

 

Andy

[BazzaS]

Hey,

 

A number f yours ago - 12 I think. I recieved a reprimand which shows on a CRB check. I know this because I applied for a position that required one and it showed up.

It turns out the company wasnt legally allowed to request a CRB check, but I didnt know that at the time (and I had forgotten about the reprimand!).

 

I've just applied for an IT position in the financial sector, and wondered if anyone could advise me if it will require a check?

 

I recently contacted and had this very thorough and informative reply which suggests it will not.

 

As a reprimand is not a conviction, it is considered ‘spent’ immediately under the terms of the Rehabilitation of Offenders Act 1974. For the majority of IT roles, you will not need to disclose it as these roles are not exempt from the Act.

 

The only exceptions might be if you are working in an environment specified by the Safeguarding Vulnerable Groups Act 2006 – i.e. a school, hospital or care home. Due to the nature of the environment, the employer would be entitled to ask you for a full criminal record declaration, of both spent and unspent offences.

 

Assuming that you will not be working in such an environment, your employers should not request a Standard or Enhanced CRB disclosure from you. They may ask for a Basic Check (from Disclosure Scotland) which would not show your reprimand.

 

If you are given a CRB form to complete (these have the CRB logo on them, with a Liverpool address) and you are not in an exempt role, the check is unlawful and your employers would be in breach of the Data Protection Act 1988. If you think you are being asked to undergo an unlawful CRB check, you should contact the CRB Customer Services desk and ask to speak to somebody who works in the inception (of unlawful applications) department.

 

Nacro, the crime reduction charity

T: 020 7840 6223 F: 020 7840 7240

 

Does the application form for the job ask you to declare any and all offences? And if so, does it note that the post is exempt from the provisions of the Rehabilitation of Offenders legislation?

If it is an 'exempt' post they can ask for an Enhanced Disclosure (CRB).

 

A reprimand is "spent" the moment it is issued, but will be shown on an enhanced CRB (e.g. for an 'exempt' post)

 

Just because a reprimand shows on an enhanced CRB may not be a bar to employment.

Not having revealed it if advised that the post/application was exempt from ROfO Act 1974 could be a problem, though - so if it's an exempt post and they are asking for an Enhanced Disclosure CRB don't try to hide it!

[nick9one1]

Thanks for the thorough replies!

 

I can answer myself the question about how long it takes for a spent conviction to drop off, unfortunately the answer is never. Since Ian Huntley the law was changed so that CRB's will always show every spent conviction.

Some people say this is unfair but its just the way it is.

 

I haven't filled in a formal application for the position, I have only applied through the company website which only requires a CV and Cover letter. I dont really want to bring the issue up with them as it might obviously harm my chances if I start asking about CRB checks before I have been offered the position.

[nick9one1]

this lists all the positions that legally require a CRB check.

 

www .homeoffice.gov.uk/publications/agencies-public-bodies/CRB/about-the-crb/eligible-positions-guide?view=Binary

 

(remove the space after www - I'm not allowed to post links!)

[Sidewinder]

I think that you will find that the restrictions which apply to the majority of people working in Financial Services may well mean that even an IT position will fall within the scope of requiring a CRB. The FSA are required to demonstrate that people undertaking 'controlled functions' (approved persons) are fit and proper and may undertake a CRB check to verify this. One of the 'controlled functions' relates to Systems and Controls functions and this is covered under Section 59 of the Financial Services & Markets Act.

 

If the position is subject to a CRB check, then FSA rules normally require a Standard Disclosure, and sadly you are correct that even spent convictions may be disclosed. Probably best to proceed with the application and see what information you are asked for. If an application asks whether you have any UNSPENT convictions or cautions then you may truthfully answer no, but that changes if you are asked whether you have EVER received a conviction or caution.

 

Even if you need to disclose details, this needn't be a bar to employment and would depend on the nature of the offence, time since the offence and what you say in mitigation.The reason for CRB checks is to assess RISK, not to simply punish you again for something which happened years ago and where you learned from it and changed your behaviour. A reprimand (I am presuming that this was before you were 18 in that case?) for teenage misbehaviour would probably not be relevant to working in financial services, but theft or fraud might well still raise eyebrows.

[nick9one1]

I've got a bit further with the application and have been offered a face to face interview and asked to fill in an application form!

 

The form does ask;

 

According to direct.gov (and other sources)

Cautions, warnings and penalty notices

 

Sometimes, instead of charging you the police could give you a caution (or a 'warning' or 'reprimand' if you're aged 10-17). These are not criminal convictions but they are recorded on the police database.

Although I understand my reprimand is not a conviction, I guess I will have to declare it.

Although technically, the question asks about criminal convictions. Which I have none.

[altobelli]

I think that legally you can only be asked to undego a CRB check if your role requires you to be registered with the FSA. If not, then I don't think you can legally be asked to undergo the check.

 

If you have to undergo the check, it will be a standard CRB, which will show up any instances of convictions or admissions, both spent and unspent, including convictions, cautions and reprimands. Pretty unfair, especially where items are spent or don't relate to the job you do, but unfortunately that's the law at present.

[altobelli]

Sorry, just looked at your link.

 

I'd interpret the first question to be asking only about unspent convictions - you have no convictions and the reprimand was 12 years ago, so based on this form you don't need to declare.

[nick9one1]

Thanks,

 

Although I just found this on the bottom of one of the letters.

 

Please be advised that from 3rd November 2008 xxxx xxxx introduced enhanced employee vetting for various roles within the Company and they reserve the right to undertake enhanced employee vetting for all recruits. Therefore you may be subject to the enhanced vetting checks in addition to their current standard vetting.

[altobelli]

Not sure what they mean by this - they might be referring to credit checks or something like that, they don't actually mention CRB checks.

 

Legally, they have no right to ask you to undergo standard or enhanced CRB unless you require to be registered with the FSA.

[nick9one1]

Thanks again, well as far as I know I don't need to be registered with the FSA - I'm (hopefully) going to be administering and developing a document management solution. While I may have access to financial information, my job doesnt require me to provide professional services. So I guess this makes me exempt?

[altobelli]

You wouldn't be exempt as such, more likely your role wouldn't come under those activites authorised by the FSA, so you wouldn't need to be exempted.

 

I think in these cirumstances they can't ask you to undergo CRB.

 

In any case, a caution from 12 years ago probably wouldn't make them withdraw the offer unless it related to dishonesty.

[nick9one1]

Just thought I would update this to say you're correct.

 

Its a basic check