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Staff may have to work 'outside the law' unless rules on checks relaxed

Posted: 18 September 2003 | Subscribe Online


Care associations have joined forces to plead with the government to allow new staff to work before their records have been checked by the Criminal Records Bureau.

Eight care associations last week presented a 20-page dossier to ministers and MPs highlighting the problem. They include the National Care Homes Association, the Registered Nursing Home Association and the Independent Healthcare Association, which between them represent more than 60 per cent of the country's care home capacity.
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The dossier calls for the National Care Standards Commission to reinstate the guidance on criminal record checks, which it issued last year, while an urgent review of regulations and requirements is carried out.

If the guidance is not reinstated many would be forced to work "outside the law" or be "in breach of care laws", says the dossier.

From next month, the NCSC has decided to withdraw interim guidance that currently enables staff to start work while waiting for their check to be processed by the CRB as long as other checks, such as references, have been made.

The guidance is being withdrawn because the CRB now says it is processing 90 per cent of all enhanced checks within four weeks. However, Frank Ursell, chief executive of the Registered Nursing Home Association, said: "Care home operators know that from start to finish the recruitment process takes a minimum of 50 days - and sometimes longer - in order that a new employee can start work with the appropriate security clearance.
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"Our members will be operating outside the law if they employ staff without a CRB check, and they are equally in breach of care laws if they fail to staff their care home adequately."

Sheila Scott, chief executive of the National Care Homes Association, said the dossier also proposes further measures to reinforce safeguards on staff, so that workers can be taken on while the criminal checks are being processed.

A spokesperson for the NCSC said: "We have always said that if providers can demonstrate that they have done everything they can possibly do to get the checks done it's something our inspectors will take on board."

Meanwhile, the government has announced that checks on existing care home staff will be at the highest "enhanced" level, including the use of conviction and any relevant non-conviction information held locally by police.


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