FAQs 2

FAQs 21-40

21. What is an Umbrella Body?

An Umbrella body is an organisation which has registered with AccessNI to make applications for Standard and Enhanced disclosures on behalf of other organisations or individuals who eligible for disclosures, but do not wish to register.

22. How do I find an Umbrella Body?

You can find a list of Umbrella Bodies by contacting AccessNI.

23. Is there an age requirement for a Disclosure?

No. The age of criminal responsibility in Northern Ireland is 10 years old, which means that from 10 onwards, a young person can be charged with criminal offences and brought before a court. Employers should bear this in mind when considering whether or not to seek a disclosure from ANI.

24. How do I make a complaint?

To make a complaint you should contact AccessNI customer services. You should be sure that you are ready to quote one of the following: Customer reference number; Registration reference number; Countersignatory reference; or your full name and post code. Alternatively you can make a complaint by letter.

25. What is a ‘spent’ Record?

A record is spent if it no longer has to be declared under the Rehabilitation of Offenders (Northern Ireland) Order 1978 (RO). The aim behind the RO, is to help a person who, in the past, was convicted of a criminal offence but afterwards did not re-offend for a specified period. This period is called the rehabilitation period and it depends on the sentence the person got for the original offence. It starts from the date of conviction and ends after a period which is specified in the RO. The RO provides that if the person does not re-offend during the rehabilitation period, his conviction will be regarded as being spent which means he does not, in most circumstances, have to reveal it or admit its existence. Independent advice on the rehabilitation period is provided by NIACRO

26. What is meant by ‘soft intelligence’?

‘Soft Intelligence’ is any information held by the police which does not relate to a conviction but which may be relevant to an Enhanced Disclosure.

27. How is the relevancy of ‘soft intelligence’ determined by the Police?

The police use a tool called the Quality Assurance Framework (QAF) to determine whether or not to disclose non-conviction material. QAF was developed by the Criminal Records Bureau to assist police forces to make fairer, more effective and more consistent decisions on ‘soft intelligence.’

28. What records will AccessNI search?

For every application AccessNI will search PNC (which contains the criminal records for England, Wales and Scotland) and the Causeway CRV (which contains the Northern Ireland criminal record). For appropriate applications AccessNI will also search the UK lists of those disqualified from working with children and vulnerable adults. For enhanced Disclosures AccessNI will: ask PSNI to conduct a soft intelligence search; search the PLX database and may ask local police forces whether they hold any relevant ‘soft intelligence’ on an applicant.

29. What do I do with my Application Form when I have completed it?

If you are applying for a basic disclosure, you must ensure that you have had your identity confirmed on the form at a PSNI station and then you must send the application form to AccessNI with the appropriate payment.

If an employer has asked you to complete an application form for either a standard or enhanced disclosure you should return the form to them. They will confirm your identity and then forward the completed form to AccessNI.

30. The information on my disclosure certificate is wrong – what should I do?

If you believe the information in your disclosure certificate to be wrong you should apply to AccessNI in writing for a second disclosure search. This is free of charge, however if the same information is recovered any further dispute must be taken up with the organisation which owns the data. This will usually be the police force who created the criminal record. In such cases AccessNI will provide details of who the dispute should be raised with.

31. I need to provide fingerprints to verify my identity how do I go about this?

If you are disputing a record disclosed about you which is held by a police force, they may require that you provide fingerprints to confirm your identity. The relevant police force should contact if this is the case. You should arrange this through your local police station. In some circumstances there will be a charge for this.

32. Who can I contact about Data Protection issues?

If you have concerns about Data Protection or other information issues you should contact the Information Commissioner.

Information Commissioner's Office - Northern Ireland, Regus House, 33 Clarendon Dock, Laganside, Belfast, BT1 3BG, Northern Ireland
Telephone: 028 9051 1270 fax: 028 9051 1606 email: ni@ico.gsi.gov.uk

33. How long do Registered Bodies retain applicants information?

Once a recruitment decision is taken, employers should not retain the certificate for longer than is necessary (i.e. the time required to make a decision) and in general, this should be for a maximum of 6 months. During this time, it should be stored under the secure conditions set out in the code of practice.

34. Does AccessNI search addresses in other countries if included on application?

ANI cannot search the databases of other countries. However, in some cases PSNI may have access to the records of individuals who live in the Republic of Ireland.

35. I live abroad but am currently applying for a post in Northern Ireland, how do I verify my identity for a Basic Disclosure?

You should contact AccessNI customer services.

36. How long is my disclosure valid for and can I use it for more than once when applying for jobs?

Your disclosure is valid only during the recruitment process for which it was applied. As a general rule, an employer should seek a fresh disclosure in every case.

37. What else do I need to send with my application?

If you are paying by cheque you will need to include this and may also need additional sheets if you run of space on the application form. If you are sending documents to confirm identity (e.g. as a lead signatory) you should always send photocopies rather than originals.

38. How long does it take to have a disclosure completed and can I start work in the meantime?

We aim to have all disclosures completed within four weeks. For some disclosures, particularly at the enhanced level, the searching process can take time as a trawl through paper records is required. You should draw no inferences from the time it takes to deliver a disclosure.

The question of whether or not you can start work is for the employer to consider with due regard to the risks. However, in some cases employers might be breaking the law by allowing you to start before the results of the disclosure are known.

39. Can I apply for a disclosure if I'm self employed?

The current legislation does not allow the self-employed or individuals to apply for a check on themselves. You can apply for a basic disclosure yourself, but applications for Standard and Enhanced Disclosures must be made through a registered body. A list of organisations willing to act as Umbrella Bodies can be found hby contacting AccessNI, in some cases they may be willing to countersign your application. In other cases you may be able use a regulatory body.

40. Who will see any information held on me?

The AccessNI staff who handle your application will see your record, but will have been vetted prior to taking up their post and will be monitored thoroughly as they work. You will control who sees the information on a basic disclosure certificate. The information contained on a standard or enhanced disclosure certificate should be seen only by those making the employment decision and at all other times must be protected and disposed of in line with the AccessNI Code of Practice.