Legal Issues: Criminal Record Bureau (CRB) Checks

A Criminal Records Bureau (CRB) check is an official, government background check to see if someone has been convicted of a crime at some time in their life. If a CRB check finds that someone has been convicted of committing a crime, they may not be allowed to work with children or vulnerable adults. Vulnerable adults are adults who are in danger of being taken advantage of or abused.

The law says that ANYONE who wants do research or other work with children or with vulnerable adults must first have a CRB check. Even service users (such as adults with learning disabilities) need to be CRB checked if they want to work with other vulnerable service users or with children.

For more information contact the Criminal Records Bureau on 0870 90 90 811 or at www.crb.gov.uk or www.disclosure.gov.uk

• A person is not usually expected to arrange their own CRB check. Usually, the group or organization they will be working for will arrange for a CRB check.
• Organizations usually have at least one person who has the job of arranging CRB checks for people that need them.

• One group or organization might not accept a CRB check that was done for another group or organization. If a person wants to work for different groups or organizations, they may need to have CRB checks for each one.
• Once someone has been cleared (given the OK) by the CRB they will get a form which is called ‘Disclosure’. A person will either get ‘Standard’ or ‘Enhanced’ Disclosure.

• The CRB system does have some problems. Unfortunately, it is still possible for people who are dangerous to get CRB 'clearance'. Also, if someone is wrongly convicted of something this conviction will show up on their record during a CRB check and they will be thought of as guilty.

• Organizations that are responsible for children and/or vulnerable adults are required by law to check the CRB status of their workers, but some organizations don't do this.

CRB Checks and Partnership Research
During our Partnership Research project, we tried to find out whether learning disabled service user researchers who might come into contact with other ‘vulnerable adults’ needed to be CRB checked.

We asked for information and advice from lots of different places. They were not sure what we should do and their advice did not make it clear what we should do.

We have worked out that:

If learning disabled service users are paid as researchers, they must be CRB checked. But if a learning disabled service user is not paid, or gets one-off payments, the guidance about CRB checks is unclear.

It seems that there is clear guidance for ‘non-disabled’ people about CRB clearance, but not for people who are considered ‘vulnerable’ themselves.

Learning disabled researchers, like any other researchers, could abuse others. But, learning disabled researchers are also ‘vulnerable adults’ themselves and could be ‘at risk’ from other ‘vulnerable adults’ while doing research.