NHS Employment Check Standards

Transcription

1 NHS Employment Check Standards Nyla Cooper Programme Lead (Professional Standards) NAVSM conference, 27 September 2013

2 Revised NHS Employment Check Standards Employment history and reference checks Professional registration and qualification checks Identity checks Work health assessments Right to work checks Criminal record and barring checks

3 Key drivers and requirements to check HMG Baseline Personnel Security Standard (2006, revised in 2011) British Standard 7858 (1996, revised in 2009) Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and the Care Qualify Commission (Registration) Regulations All organisations which are registered with the CQC must operate safe and effective recruitment procedures. Safeguarding Vulnerable Groups Act (2006) Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended) Protection of Freedoms Act 2012 Home Office legislation for preventing illegal working Part of the Government Procurement Services (GPS) national agency framework agreement Part of the information governance and assurance standards for the NHS Summary Care Records Service (NHS SCRS) Police Act 1997 (as amended)

4 Revising requirements

5 Key changes which came into force in July 2013 Identity checks - providing clarity on: LEVEL 2 of HMG s Minimum Standards for the verification of identity of individuals who needs to be checked and when the type of documents that can be accepted authenticating documents and use of electronic ID scanning devices. Right to work checks providing clarity on: document combinations which can be accepted employing Croatian nationals

6 Key changes which came into force in July 2013 Employment history and reference checks providing clarity on: when references should be obtained the type of references and what information is required guidelines on handling incoming reference requests standardised templates. Work health assessments providing clarity on: requirements under the Equality Act making reasonable adjustments retaining records

7 Key changes which came into force in July 2013 Professional registration and qualification checks clarity on: interim arrangements with the National Clinical Assessment Service (NCAS) - new operational responsibilities to manage Alert Notices Criminal record and barring checks:

8 Key changes to the Criminal record and barring check requirements 10 Sept 2012 changes under the Protection of Freedom s Act New definition of regulated activity Repeal of controlled activity, registration and monitoring and brown envelope information Minimum age for which DBS checks can be applied for Barring to apply only where the individual has engaged, is currently engaging in or is likely to engage in regulated activity in the future Legal duties to refer - unchanged (includes staff, workers, contractors and volunteers). 1 Dec 2012 Establishment of the Disclosure and Barring Service (DBS) Merger of functions previously provided by the CRB and ISA Greater powers to review a person s inclusion on the barred lists in certain circumstances

9 Key changes to the Criminal record and barring check requirements 29 May 2013 Introduction of new filtering rules and more rigorous relevancy test for local police forces Amendments under the Police Act 1997 (Criminal Record Certificates: Relevant Matters (Amendment) (England and Wales) Order 2013; and Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 Certain old and minor cautions and convictions - no longer included in the DBS disclosure certificate when specific criteria is met (known as protected cautions and convictions) The most serious of offences or repeated offences will always be disclosed New guidance for police forces to assess whether or not criminal record information is relevant and appropriate to be included in a DBS disclosure certificate. 17 June 2013: Launch of the new DBS Update Service Introduction of applicant only disclosure certificates

10 Regulated activity - eligibility Regulated activity now includes those working/volunteering providing adults and children with: Healthcare Personal care Social work Assistance with cash, bills or shopping Assistance with the conduct of their own affairs Conveying services (for adults) There is no frequency period for these activities. For children also includes providing UNSUPERVISED teaching, training, instruction, care, supervision or conveying when done FREQUENTLY (= at least once a week on an ongoing basis, or more than 3 days in any 30, or at any time between 2am and 6am). See Department of Education (DfE) guidance on eligibility and supervision at:

11 Enhanced without barred list checks - eligibility Eligibility for enhanced checks without barred list checks includes anyone who frequently (see previous slide) provides: care, supervision, treatment or therapy to an adult who receives any kind of health care OR anyone who provides: training, teaching, instruction, assistance, advice or guidance wholly or mainly for adults who receive any kind of health care OR anyone who regularly manages on a day to day basis people engaging in the above activities. As defined by the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013.

12 Standard DBS checks - eligibility Organisations can require a standard DBS check for any activity within the NHS which allows the person engaged in that activity to have access to NHS patients in the course of their normal duties.

13 Where you can find further advice NHS Employment checks standards at: Check-Standards/Pages/Employment-Check-Standards.aspx Tools and resources including Q&A on employment check requirements at: alrecordandbarringchecks.aspx DBS website at: Guidance on the filtering rules can be found on the DBS website at: Department of Health explanatory note on regulated activity for adults at: Department of Education explanatory note on regulated activity for children at:

14 And now over to you... Any questions?

15 Further information If you ve not had time to raise a question today, or would like further information leading from this presentation: please contact: nyla.cooper@nhsemployers.org Tel: or follow me on LinkedIn for latest updates