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DCC: Due Diligence Check

Proposed Changes to Disclosures

As a result Vetting & Barring Scheme Remodelling Review & Criminal Records Review report released on 11th February 2011 the Government will be introducing a number of clauses in the Protection of Freedoms bill that will result in changes to the Disclosure service in 2013.

Assuming the bill becomes law (planned for late 2011) in its current form, the main changes will be :-

  • The definition of "Regulated Activity" will be redefined to narrow the scope of roles that will be required (by law) to have Enhanced Disclosure

  • The regulations on what non-conviction "intelligence" the police can release will be tightened and the Secretary of State will have the power to direct these.

  • Disclosures will only be issued to the applicant, so they can check that any information revealed is accurate then present it to the employer.

  • Individual applicants will be able to consent to continual updating of Disclosure information

  • Employers will be able to check (online) whether any new information has been added to an applicant's record since the last Disclosure was issued.

  • Disclosures can only be obtained for persons over 16 years of age.

  • All information on a Disclosure must be revealed to the subject (this refers to the current practice whereby certain information may be released to the employer which must not be revealed to the subject e.g. they are under surveillance)

  • There will be an independent review body to handle disputes over the disclosability of information on a Disclosure.

As now, the CRB will be expected to fund the cost of operations from the revenues generated from fees. Volunteers (within the CRB definition) will continue to have the fees waived.