Portability of Criminal Records Bureau Disclosures in England

The Department of Health (DH) has relaxed its position on the use of Criminal Record Bureau (CRB) Certificates, effectively introducing a limited system of “portability” for care services regulated by the Care Quality Commission (CQC).

This new approach applies in services provided to adults (but not children) in England and allows employers - under certain circumstances - to accept a Disclosure Certificate produced by a prospective employee, provided that the Certificate is no more than 3 months old and is at the appropriate level. In these circumstances, the employer does not need to complete a new application for a Disclosure.

The recent guidance from DH and CQC is provided below:

From the Department of Health

Portable CRB checks
In cases where an individual already has an Enhanced CRB check, the Department of Health is of the view that such a check can be accepted by a new employer where delays in making an appointment would put service users at risk and the CRB check is less than three months old.

The employee must satisfactorily complete all other pre-employment checks such as identity and qualifications. Alongside these checks, it must be confirmed that an employee is not on the Independent Safeguarding Authority (ISA) barred list before individuals can start work in a supervised setting.