Along with peers from all parts of the House of Lords, I have been pursuing concerns about the loophole that the Government was creating in the Protection of Freedoms Bill that would have meant that those volunteering to work with children did not have to be subject to Criminal Records Bureau checks or checked against the lists of those barred from working with children provided their activities were subject to “day to day supervision”.

These issues were debated again in the House of Lords late yesterday afternoon.  In the end, the issues boiled down to whether an organisation with volunteers working with children could have an “enhanced” Criminal Records Bureau check on such volunteers and whether that check would include information as to whether that individual had been barred from working with children.

The legislation as originally envisaged would not automatically have given organisations the right to have enhanced CRB checks on volunteers.  In essence, the Government have now conceded that right.

They resisted, however, the suggestion that the check should reveal whether or not an individual had previously been barred from working with children – even those 20% of those barred do not have a criminal conviction that would show up on a CRB check.

In the end, the Minister offered a compromise: the “enhanced” check would not disclose whether an individual had been barred but the information that had led to a decision to bar an individual would be made available to the police and they would have discretion as to whether to pass it on as part of the enhanced checking process.

Essentially this ought then to mean that any relevant information could be obtained by an organisation about a volunteer, but it seems a very convoluted way round of doing it.  It would surely be much simpler to say whether that individual had or had not been barred.  It also places the onus and the discretion on the police to pass on the information – so any failure to do so will no doubt lead to criticism of the police service concerned.

For those who really want the details the debate is here and here.

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