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Australian Workers and CRB checks
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MrsBlue  
#1 Posted : 05 December 2012 16:43:18(UTC)
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I have six Australians joining my company for a one year contract. Their CRBs will not be through by the time they start (and they have to start work as soon as they arrive).

I have been tasked with putting together a risk assessment to cover them until the CRBs are through.

What do I consider? (I believe List 99 no longer exists - but is that applicable to foreigners anyway?)

Some guidance would be most appreciated

Thanks

Rich
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Ron Hunter  
#2 Posted : 05 December 2012 16:53:16(UTC)
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Ron Hunter
A bit of a daft laddie (for so we call them here is Scotland) task that, surely?
That said, you didn't actually describe the nature of the work. Is close supervision not an option?
Do we really need to do a R/A to arrive at that conclusion?
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MrsBlue  
#3 Posted : 05 December 2012 17:00:13(UTC)
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Hi Ron

They are employed as Gap Years (in an Educational Establishment) for 1 year supervising children aged 7 to 13 in sports, out of school visits, changing rooms etc - and no they cannot be supervised constantly otherwise if that was the case we would'nt need them in the first place.

So how can they be managed until there CRBs come through.

Rich
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David Bannister  
#4 Posted : 05 December 2012 17:34:25(UTC)
Rank: Super forum user
David Bannister
Rich I suspect you have a major problem here. If my child was being supervised in a sports changing situation and on trips by someone without any checks to verify they are free from applicable offences I would raise all kinds of hell and I suspect very many other parents would too. Risk assess that!
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stevedm  
#5 Posted : 05 December 2012 17:50:07(UTC)
Rank: Super forum user
stevedm
There are overseas certificates that they can bring with them that may be acceptable..

This is dependent on the length of your residency in the UK and the post you are required to cover. Overseas authorities do not have access to UK Police records, or relevant information held on the Governments PoCA & PoVA lists. Your organisation might normally accept a recent overseas police check providing the above criteria is met...source Guys Hospital Website.
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Ron Hunter  
#6 Posted : 05 December 2012 19:16:05(UTC)
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Ron Hunter
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johnmurray  
#7 Posted : 05 December 2012 22:33:52(UTC)
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johnmurray
"A person can not be appointed to a regulated childcare position until the PoCA check has been received"

"It is illegal to appoint a prospective employee to a regulated childcare post where a Protection of Children Act (PoCA) check is required until the outcome of the PoCA check has been received"


http://www.nhsemployers....cord_checks_dl270209.pdf
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Invictus  
#8 Posted : 06 December 2012 07:51:13(UTC)
Rank: Super forum user
Invictus
My personal view is that they shouldn't be managed without a CRB, why should we allow children to be exposed to possible abuse just because workers are coming over from another country. For me it would be tough luck until you have your CRB clearance.
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roshqse  
#9 Posted : 06 December 2012 08:20:35(UTC)
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roshqse
Have to agree.

Wife and I involved in kids sports club and we have strict rules (applied by the local council) that people without CRB CANNOT supervise or interact with children without supervision.

As others say, would you be happy if YOUR kid was being supervised by someone with no checks?

Anyway, given the large number of people in this country WITH CRB checks in place and looking for work... why not employ some of them?
Or is it because gap year students are cheaper?
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MrsBlue  
#10 Posted : 06 December 2012 11:14:26(UTC)
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roshqse

No the GAPS are not employed because they are cheaper - there is a GAP exchange every year between the two schools allowing for some travel and cultural experience for those young people involved.

Rich
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roshqse  
#11 Posted : 06 December 2012 12:20:26(UTC)
Rank: Forum user
roshqse
rich777 wrote:
Hi Ron

They are employed ... they cannot be supervised constantly otherwise if that was the case we would'nt need them in the first place.

Rich


Sorry, was going by your earlier post above.
You said they're employed and you can't supervise them because your short staffed?

So.... if your short staffed employ more people?

Are you saying the students you are sending to Australia are the ones who normally carry out this work?
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DaveDowan  
#12 Posted : 06 December 2012 12:39:19(UTC)
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DaveDowan
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John M  
#13 Posted : 06 December 2012 12:46:36(UTC)
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John M
The CRB "check" (now renamed) is no more than establishing whether or not the subject has form. Just because he/she has no convictions does not and cannot mean that he/she is not a sex fiend. No endorsement on the sex offenders register unless convicted.

I do not believe that the UK authorities check out foreign nationals unless tipped off in advance of their arrival at a UK port.

Jon
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johnmurray  
#14 Posted : 06 December 2012 12:59:36(UTC)
Rank: Super forum user
johnmurray
In the real world a police caution for a minor offence would be entered.
And an enhanced check would include not only all convictions since age 18, but also any relevant information even if no conviction resulted.
Revealing such information to the applicant would be an offence.
Note also that requesting an enhanced check if not needed would be an offence.
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MrsBlue  
#15 Posted : 06 December 2012 13:05:15(UTC)
Rank: Guest
Guest
roshqse

You have missed the whole point. These are 18/19 year olds who want to do a gap year prior to going to university. The Aussies come to us and we send ours to them. Simple arrangement really but this time round there was a delay in applying for their CRB.

We have the Australian police checks but in addition they are arriving in this country earlier than usual hence the CRB checks.

Rich
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MrsBlue  
#16 Posted : 06 December 2012 13:10:10(UTC)
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Guest
Thanks everyone

Problem solved

Rich
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David Bannister  
#17 Posted : 06 December 2012 16:40:32(UTC)
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David Bannister
Rich, don't keep us all in suspense. How was the problem solved?
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MrsBlue  
#18 Posted : 07 December 2012 07:47:29(UTC)
Rank: Guest
Guest
Hi David

Simply read the rules as under:

Criminal Records Checks (now called DBS) for Foreign Nationals.

These checks are required for all candidates that, at the time of recruitment, have been
in the UK for less than six months. This includes all foreign nationals, and EEA citizens.
If the candidate provides a foreign Police Check, it must be dated no more than three
month prior to their leaving their home country. If the document is not in English, it must
be accompanied by a certified translation.
All Police check documentation should be verified with the originator.
These checks should be carried out in addition to CRB checks; the former to obtain
clearance for the period before the individual came to UK and the latter to cover the
period since they arrived in UK.
You should assume that all applications will require full name, dob, current address and
previous addresses in the country of original. Where additional information is required it
has been included in the info.

Australia: Police checks can be applied for through the Australian Federal Police
website, www.afp.gov.au.

The six Gap Students have all been police checked and we have the paperwork - all are within the 3 months period. DBS applied for and will be in place shortly after their arrival - which will mean some supervision for first few days and a restriction on some duties they can perform.

Alls well that ends well.

Rich
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