Can care agencys use and old CRB Disclosure from a previous employer?
The CRB are a bit vague as to a hard rule, if anything there is only a guideline which is to carry out a new CRB every time. However the CRB recognise that this is probably more practical and agree it is fine if the CRB is recent, checks the appropriate list – vulnerable adults or children, and is for a similar role. Certainly when I worked in the voluntary sector I would not do a fresh CRB on a volunteer with a CRB that had made the appropriate checks and was within 6 months unless I had some suspicion of that person. (You may argue that volunteers and employees are different but the risks are the same.) I would suggest however that the agency are leaving themselves open to criminal and civil liability as it may be argued they are in breach of a statutory duty.
The CRB have recently confirmed that CRB disclosures are transferable. However, it is up to the organisation to run their own risk assessment on whether they find this to be acceptable or not. So yes, it is fine for the organisation to do this, but they also have the right to turn around and say you must do one as well. As long as they have shown proof of a rigorous recruitment procedure they will not be open to any sort of legal action as they have complied with current legislation.
