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Legal Eagle

Miscellaneous

Q: Criminal Records Bureau

Do amateur dramatic societies have any responsibilities where the Criminal Records Bureau is concerned? I know that legislation has changed and in the light of recent events this has become all the more important.

A: The only circumstances in which a check with the CRB is obligatory relate to individuals involved in working with children and certain vulnerable adults. There is nothing in your question to indicate that you are involved with either and there is nothing in the CRB regulations referable to amateur dramatic societies in particular, as distinct from many other organisations.

A "vulnerable adult" is one who is resident in a care home or having personal care at home through a domiciliary care agency or who is receiving certain prescribed services from a hospital or certain other medical agencies.

Under the Protection of Children's Act 1999, where a childcare organisation - which includes one, whether incorporated or not, concerned with the supervision of children - proposes to offer an individual "employment", whether paid or unpaid, and whether under contract or not, in a childcare position (meaning one concerned with supervision of children or which involves regular contact with children in the course of duty), the organisation concerned must ascertain, by making a search with the Criminal Records Bureau, whether the individual concerned is on the Department of Education and Employment list of persons considered unsuitable to work with children. Any such search will include a check for a criminal record of the individual concerned.

Even where not compulsory, such a search may be made by a volunteering organisation in respect of prospective volunteers or employees. The CRB is an executive agency of the Home Office and operates within the framework of a public private partnership.

The application is to be made by the individual concerned and countersigned by the organisation, which must first register with the CRB. The registration fee for the organisation is currently £300 and each search costs £12 but will be free for volunteers who are unpaid apart from travelling and other out of pocket expenses.

However, volunteering organisations will not be exempt from paying the £300 registration fee. Priority will usually be given to checks in respect of individuals working with children.

Even where not obligatory, the CRB service, so far as a criminal records check is concerned, is available to all employers and volunteering organisations and even to members of the public but this basic disclosure check will show only convictions held at national level which are not "spent" under the Rehabilitation of Offenders Act, whereas checks made in respect of individuals working with children will include "spent" convictions under the ROA.

If your amateur dramatic society involves working with young children then, unless they are under continual parental supervision throughout their involvement in your society's activities, you will need a chaperone or someone to supervise the children and any such person will need to be checked out with the CRB.

There is a government website from which further and more detailed information may be obtained.

First published December 2002