CRB's

[bodwyer]

is it a criminal offence to ignore a CRB failure and continue to voluntary work with children and what are the consequence to the person and the organisation that allows this

[dizmouk2009]

CRB failure, please elaborate

[dizmouk2009]

If it's an enhanced CRB then the organisation would have to issue it. Therefor if for some reason there was doubt as to you being able to work with children then the organisation would know about it.

[dizmouk2009]

Although I'm sure that most voluntary work can be 'covered' by a personal check (disclosure).

[bodwyer]

it is an enhanced crb this person failed because of a 4yr prison sentence for drug dealing

[chelle7272]

Usually employers would refuse someone working with children with a drug related conviction. It is the employers responsibility to decide whether or not to employ the person, if something happened iin connection to the type of conviction when they were working then they would be liable although in what way depends on the circumstances. the person themselves would also be liable if it was a criminal activity obviously.

[dizmouk2009]

Well has he told the organisation this? Drug dealing has nothing to do with childred (I'd assume not anyway). If the organisation know about his previous convictions and allow him to work with children then he is not breaking the law.

[chelle7272]

dizmouk, the youth project where I work would refuse as CRB checks are not just about child abuse convictions but also about lifestyle and influence. If the children or young people learnt from this person that it was okay to take and / or sell drugs that is of course inappropriate.
It will depend on the employer and the circumstances of the job.

[Teleph0ne]

Bit of a double edged sword this one, on one hand your life experience may help children to follow a diferent path and you could be a very good influence as many rehabilitated criminals that have learned from their mistakes are so working with children could be your way of giving something back but on the other hand, your conviction would alienate a lot of parents and if anything went wrong you would automatically be to blame in their eyes. they would be condemming whoever let you near their little angels. If you have served your sentence then surely you have paid your dues

[bodwyer]

after his crb had been vetted the sport governing body sent him a letter telling him due to the nature of your convictions we are unable to accept your application but the affiliated club allowed him to continue working with children

[dizmouk2009]

Chelle I made the assumption for a reason, I don't believe the organisation would allow him to do his job if they believed he wasn't able to control himself. How can it be a criminal offence, a punishable one at that, for him to do what he has been cleared (by the organisation) to do. I agree it's completely down to the organisation and circumstances.

[dizmouk2009]

bodwyer: I suggest you ask your friend to contact the sport governing body and tell them what is going on. Until then, for his own safety he should relieve himself of working with childen.

[chelle7272]

dizmouk i agree, I didn't say it was fair, but the employer also has to think of their reputation, as Teleph0ne suggested if anything should happen and it was revealed they knew, and parents were angry.
If it was truly accepted that people are rehabilitated on release from prison the CRB would be unnecessary. The Rehabilitation of Offenders Act states that as relates to CRB any conviction over 2.5 years will never be 'spent' from a CRB and this will unfortunately follow that person through their career.

bodwyer - If the affliated club wish to continue his employment they obviously believe he is rehabilitated and that is their choice - it may become a concern if the governing body are likely to discover this and take action, but if not, your friend has nothing wrong by simply continuing to work.

[bodwyer]

if there is no redress what is the point of the crb's if you can just ignore the outcome

[stanbesida]

In Scotland they have a Disclosure Scotland but this can be extended to an advanced disclosure, this brings up every criminal record you may have had even dating back to when you were a teenager, an advanced disclosure contains relevant details to the job applied for, i.e. bus drivers and escorts. These go to the council who is responsible for the school concerned, and it is THEIR decision whether you can drive or be an escort on the school transport. The bus company have no say in whether you work for them on school transport, but the person with the disclosure can appeal against the decision as to whether they are a suitable candidate for the job. i hope this helps. John

[dizmouk2009]

A basic Disclosure Scotland (personal use) is a UK based basic CRB check (not advanced), I have one - required for me to apply for a Personal Licence (I live in England).

[bodwyer]

CAN ANYONE ANSWER THIS YES OR NO
is it a criminal offence to ignore a CRB failure

[dizmouk2009]

We have answered it. It's not as simple as that.

[dizmouk2009]

If a company has been told they are not allowed to let people who have a criminal record to work amongst there team and they do then they are breaking company rules, nothing criminal. If they ask the person working for them if they have a criminal record and they say no, then they are breaking company rules. We have answered your question the best we can.

[dizmouk2009]

A CRB speaks for itself - no consequence on the person.