FAQs 4
FAQs 61-78
61. What is the Code of Practice?
62. Where can I get advice about employing someone with a Criminal Record?
63. When could an organisation's registration be cancelled?
64. If I am going to be de-registered what steps should be taken?
65. Is there an appeal procedure if my organisation has been refused registration?
66. Who should have access to the information on the disclosure certificate?
67. What happens if someone who shouldn't sees the disclosure?
68. How much does it cost to register?
70. What do I have to tell job applicants about disclosures?
71. Is a disclosure all I need to recruit someone?
72. Does AccessNI search addresses in other countries if included on application?
73. What is a Regulated position?
75. What is a Vulnerable Adult?
76. What are suitable forms of identification
78. What is meant by a volunteer?
80. Does AccessNI have a Transgender Policy?
61. What is the Code of Practice?
The Code of Practice is a document which sets out the standards with which a Registered Person or Body is required to comply. Broadly speaking this covers:
- the use of information provided to it by AccessNI; or,
- the discharge of any function under Part V of the Police Act 1997 and any regulations made under it
62. Where can I get advice about employing someone with a Criminal Record?
NIACRO provide an advisory service in this area.
63. When could an organisation's registration be cancelled?
A registered body can be removed from the register if it appears that they are no longer likely to need access to disclosure services. Registration of a lead or counter signatory can also be cancelled or suspended if they breach the conditions of registration.
64. If I am going to be de-registered what steps should be taken?
A person who receives notice of suspension or cancellation has a right, within 21 days of receipt of the notice, to make representations to AccessNI as to why his registration should not be suspended or cancelled.
AccessNI will consider these and either inform the person it does not propose to take any further action; or, that at the end of a further period of 6 weeks, his registration will be cancelled or suspended.
If registration is suspended, the person will be informed of the terms involved, including the period of suspension.
In some cases AccessNI may decide to cancel registration with immediate effect.
65. Is there an appeal procedure if my organisation has been refused registration?
We will not refuse to register your organisation, however we may decline a person’s application to become a registered person. There is no appeal against this. If this happens you should nominate someone else from within your organisation.
66. Who should have access to the information on the disclosure certificate?
Only those who are entitled to see it in the course of their duties.
67. What happens if someone who shouldn't sees the disclosure?
Under section 124 of the Part V of the Police Act, unauthorised disclosure is an offence and this is why it is very important for Registered Persons and Bodies to have a clear policy on the handling and secure storage of disclosure information.
68. How much does it cost to register?
£150. It then costs £10 for each countersignatory you want to add.
69. Where an applicant doesn't get a job because of convictions or because of non-conviction information; should he be given an explanation?
Applicants should be treated fairly and this includes giving him such an explanation and, where appropriate, providing an opportunity to discuss.
70. What do I have to tell job applicants about disclosures?
Applicants must be informed that a disclosure will be sought and that it will disclose any convictions they might have as well as details of any other relevant information about them which the police decide should be disclosed.
71. Is a disclosure all I need to recruit someone?
No. Where required, a disclosure should only ever form part of a thorough recruitment process which includes an interview as well as scrutiny of references and required qualifications. Unless there is a statutory bar in force, the results of a disclosure should be considered alongside the other elements of the recruitment process.
72. 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 or have lived in the Republic of Ireland. Where an applicant has given a foreign address you should consider contacting the relevant Embassy or examining the website of the Police force of that country. Information on this can be found on the Foreign and Commonwealth website here. CRB also offer advice on the procedures in a limited number of countries here.
73. What is a Regulated position?
A position is regulated if it is governed by the provisions of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. This legislation has been developed by the Department of Health, Social Services and Public Safety and an explanation of regulated position can be found here.
74. What is a Care Position?
A ‘Care position’ is one which would enable workers employed in residential care homes or nursing homes, including workers supplied to such homes by employment agencies and businesses, to have regular contact in the course of their duties with the residents of such homes, and
A position that would enable workers employed by domiciliary care agencies, including workers supplied to such agencies by employment agencies and businesses, to provide personal care in their own homes to persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
75. What is a Vulnerable Adult?
The term vulnerable adult is defined in Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 as:
(a) an adult to whom accommodation and nursing or personal care are provided in a residential care home or nursing home; or
(b) an adult to whom personal care and assessment of the need for such care are provided in their own home by a provider of care as above.
76. What are suitable forms of identification
A full list of acceptable means of identification is listed below.
Three documents must be produced; one from Group 1 and two from Group 2. If this is not possible, then five documents from Group 2 must be produced– these must be in the name of the applicant. It is preferred that one of these documents contains photographic identification.
Group 1
- Valid passport (any nationality)
- UK Driving Licence Full or Provisional – England/Wales/Scotland/Northern Ireland/Isle of Man; either photocard or paper (a photocard is only valid if accompanied with the paper counterpart)
- Original UK birth certificate (issued within 12 months of date of birth, full or short form acceptable)
- Valid photo identity card (EU countries only)
- UK Firearms licence
- HM Forces ID card (UK)
- Adoption Certificate (UK)
Group 2
- Marriage certificate/Civil Partnership Certificate
- Non-original UK birth certificate (issued after 12 months of date of birth, full or short form acceptable)
- P45/P60 statement
- Utility bill ( electricity, gas, water, telephone – including mobile phone contract/bill)
- Valid TV licence
- Credit card statement
- Store card statement
- Mortgage statement
- Valid insurance certificate
- Certificate of British nationality
- British work permit/visa**
- Asylum Registration Card
- AccessNI Disclosure Certificate
- Personal correspondence or a document from a Government Department*
- Bank or Building Society Document**
- Financial statement e.g. pension, endowment, ISA **
- Valid vehicle registration document
- Mail order catalogue statement*
- Court summons
- Valid NHS card
- Court Claim Form
- Addressed payslip*
- National insurance number card
- Examination certificate (e.g. GCSE, NVQ)
- Letter from a Head Teacher*
- Child benefit book
- Smartpass
* documentation must be less than 3 months old
** must be issued within the last 12 months
77. How can I contact ANI?
You can contact AccessNI a number of ways:
Email: accessni@ani.x.gsi.gov.uk
Telephone: 02890 259165
Post: Access Northern Ireland, Brooklyn, 65 Knock Road Belfast; BT5 6LE.
Fax: 02890 259186
78. What is meant by a volunteer?
Access Northern Ireland will provide free disclosure services to volunteers. For the purposes of ANI’s services, and subject to the exclusions set out below, we have defined volunteer as follows:
Anyone who gives their time in a position in a non-profit organisation, free of charge, doing something for the good of the community or a voluntary group (for which they may get travelling and other out-of-pocket expenses) and which is not for their own benefit or for the benefit of a close relative.
Exclusions are:
- where the person is volunteering directly for a Statutory organisation; or
- where the person is volunteering for a non-profit organisation in a position which delivers statutory services under contract or in a specific project, for which that organisation has received funding from the government which includes provision covering the costs of disclosures for volunteers.
79. As an employer what should I check to ensure the prospective employee is legally entitled to work in the UK??
It is the responsiblity of every employer to satisfy themselves that an employee is entitled to work in the United Kingdom, Employers should check all prospective employees' entitlement to work in the UK, or they risk breaking the law. The checks required depend on when the employee will be, or was recruited.
80. Yes AccessNI do have a Transgender Policy it is located under Additional Information.