Terms & Conditions of Trading for CRB Disclosures
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Definitions
The "CRB" refers to the Criminal Records Bureau
The "SCRO" refers to the Disclosure Scotland section of the Scottish Criminal Records Office
A "Disclosure" is the document produced by the CRB or SCRO providing details of a consenting individual's criminal convictions, cautions, reprimands and warnings held on the Police National Computer, records kept by the Department of Health, records kept by the Department of Education and Skills and police intelligence considered by a Chief Constable to be relevant to the role for which the Disclosure is being sought.
"DDC" means Due Diligence Checking Limited registered at 443 Fosse Way, Ratcliffe-on-the-Wreake, Leicester, LE7 4SJ
The "Client" is the organisation on whose behalf DDC are processing and countersigning Disclosure application forms.
The "Applicant" is the consenting individual for whom the client seeks the Disclosure.
Limitations of Liability
DDC are a Registered Umbrella Body for the CRB and SCRO and therefore bound by their Code of Practice.
DDC can accept no responsibility for the accuracy of information provided by the Applicant, Client or CRB and accept no liability for any loss incurred by the Client, Applicant or any other party resulting from the use of this information in any way.
Disputes regarding information contained within a Disclosure should at first be notified in writing to DDC who will either raise a dispute directly with the CRB/SCRO or provide the Applicant with details of the CRB process for dealing with such matters.
DDC makes every effort to operate a timely process in obtaining Disclosures but accepts no liability for any losses incurred by the Client, Applicant or any other party due to the length of time taken to obtain a Disclosure.
DDC stringently applies the CRB process for verifying the identity of the Applicant, but all Disclosures carry a warning that they should not be taken as a proof of identity of the Applicant. Consequently DDC accepts no liability for losses of any nature resulting from mistaken identity however it may occur.
DDC are committed to compliance with the CRB Code of Practice for safeguarding information contained within Disclosures, but accept no liability for losses of any nature incurred by the Applicant, Client or any other party resulting from such information becoming known by persons unauthorised by the Applicant unless it can be shown that DDC were negligent in their role as an Umbrella Body.
Pricing and Payment Terms
DDC Charges apply to all applications and include all stages of the standard process to obtain a Disclosure. DDC is registered for VAT and our charges are subject to VAT at the standard rate.
CRB or SCRO Charges are itemised separately in our invoices and are zero-rated for VAT purposes.
Applicant Failure to Complete the Process - Where an Applicant fails to provide requested information or documentation within 45 days of returning an erroneous or incomplete Disclosure Application Form , DDC reserves the right to withdraw the application and request the process be re-started, re-incurring the DDC administartion fee.
Account Customers - For account customers DDC will invoice for the full amount including any CRB or SCRO charges at the end of the month in which the Disclosure Application Form is sent to the Applicant. If the application is formally withdrawn by the Client before DDC submits the Disclosure Application Form to the CRB or SCRO, any CRB or SCRO fee already invoiced will be credited back. Payment terms for account customers is 30 days from date of invoice.
Non-account Customers - For non-account customers DDC requires payment to be made in advance of a Disclosure Application Form being sent to the Applicant. The payment should include any disbursements to the CRB or SCRO. If the application is formally withdrawn by the Client before DDC submits the Disclosure Application Form to the CRB or SCRO, any CRB or SCRO fee already paid will be credited back.
Self-pay Applications - Where the financial arrangements between the Client and Applicant are such that the Applicant pays all or part of the cost, it should be understood that DDC are always working for the Client and full payment will be required before DDC will process the application and return any accompanying personal documents to the Applicant.
Volunteers - the CRB makes no charge for volunteers which it defines as "a person who spends time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives". (note:- Remunerated positions within a volunteering organisation are considered by the CRB to be non-voluntary, as are trainee and work-experience positions). The SCRO has separate arrangements for volunteers which Umbrella Bodies cannot access.
Storage of Disclosures & Data Protection Policy
DDC will store Disclosures securely in accordance with the CRB/SCRO Code of Practice and the Data Protection Act.
Once stored Disclosures will only be accessed by DDC countersignatories to :
- verify the legitimacy of the Applicant's copy of the Disclosure to a party who has the permission of the Applicant and meets the requirements for being able to ask exempted questions of the Applicant, provided that less than six months has elapsed since the date of issue of the Disclosure.
- facilitate a request to view the Disclosure by the Applicant on DDC premises and subject to such request being made in writing with 2 weeks notice and a fee of £10.00 + VAT being paid in advance.
- facilitate access to the Disclosure by a person appointed to an office by virtue of any enactment or to meet an obligation on DDC to provide information under or by virtue of any enactment
- facilitate disposal of the Disclosure
- meet a request made in writing by the Applicant and giving their consent to communicate information in the Disclosure to a party who meets the requirements for being able to ask exempted questions of the Applicant, provided that less than six months has elapsed since the date of issue of the Disclosure.
Data held in any format relating to the Applicant or Client will only be used by DDC for account management, demographic and internal market planning purposes. Extracts of the data may be used for other marketing purposes provided neither the Applicant nor the Client could be identified from such use. No other use will be made of non-Disclosure data without the express authority of the Client or Applicant.
At no time will DDC use details of an Applicant's criminal convictions, cautions, reprimands and warnings held on the Police National Computer, records kept by the Department of Health, records kept by the Department of Education and Skills or records kept by a Chief Constable pertaining to the Applicant's suitability to work with children or vulnerable adults for any other purpose than those given in i)-v) above.
At no time will Disclosure information be copied, sampled or filed in other than the original form provided by the CRB.
Entire Agreement - This agreement constitutes the whole agreement between the Client and DDC.