FAQs

FAQs 1-20

1. What is Access Northern Ireland?

Access Northern Ireland is a criminal history disclosure service established by the Government under Part V of the Police Act 1997. It provides access to criminal history information for individuals and, in certain circumstances, to organisations who are recruiting to sensitive positions. Typically, this will involve working with children or vulnerable adults.

2. Why do we need AccessNI?

AccessNI’s services can provide a safeguard to employers and those in their care, preventing crime and protecting the vulnerable. Some employers will be under a legal obligation to seek disclosures on potential employees.

3. What is a Disclosure Certificate?

A disclosure is a certificate which shows a person’s criminal history or which states that no information can be found. The extent of the information disclosed depends of the level of disclosure applied for.

4. Who should use AccessNI?

Any individual who needs a copy of their unspent criminal record can use AccessNI. Organisations who recruit people to work in sensitive positions should also consider using AccessNI. In risk assessing any such post, employers should consider whether it qualifies for a Standard or Enhanced disclosure. In some cases (e.g. people working with children) there may be a legal requirement to seek a disclosure and employers should examine the legal framework within which they operate.

5. What types of disclosure are available?

There are three disclosure services available from AccessNI:

Basic Disclosure – a copy of a person’s unspent criminal record. This service is available to individuals apply for their own record only.
Standard Disclosure – a copy of a person’s full criminal record, including: spent and unspent convictions; and cautions. Applications for this service can only be made through organisations registered with AccessNI.
Enhanced Disclosure - a copy of a person’s full criminal history, including: spent and unspent convictions; cautions; and any other material (sometimes known as ‘soft intelligence’) considered by the police to be relevant to the position applied for. Applications for this service can only be made through organisations registered with AccessNI.

6. How do I use AccessNI?

Applications must be made using the AccessNI Application Form (pdf). Individuals may apply directly to AccessNI for a Basic disclosure, once they have had their identification verified at a PSNI station. Organisations who wish to countersign applications for Standard or Enhanced disclosures must first register with AccessNI and must then require job applicants to use the AccessNI application form. Registered bodies must then sign this form, confirming that they have verified the identify of the applicant and providing any other information required by AccessNI.

7. Are AccessNI Disclosures compulsory?

Part V does not create a general obligation to seek disclosures from AccessNI. However, in some sectors (e.g. working with children) there may be a legal requirement to consider the contents of a disclosure certificate as part of an assessment of suitability before making an appointment. Employers should therefore consider the legal framework they are working within as part of the risk assessment made during the recruitment process.

8. What type of Disclosure should I apply for?

If you are applying on your own behalf you may only apply for a Basic disclosure. You can do this at any time. If you are an organisation considering a standard or enhanced disclosure, you must make a thorough risk assessment of the post in question and examine the legislative framework to consider whether the post qualifies for a Standard or Enhanced disclosure. You should also take into account any other legislation or regulation which is relevant to the area in which your organisation operates and which may create a legal obligation to seek a disclosure.

9. What does the term 'prescribed purpose' mean?

In the context of AccessNI’s services, ‘prescribed purpose’ relates to the Enhanced disclosure process. The regulations under Part V of the Police Act 1997 set out or ‘prescribe’ the positions which qualify for an enhanced Disclosure. Therefore, a position which appears in the regulation is said to be a ‘prescribed purpose’ for an application for an enhanced disclosure.

10 What is an ‘exempted question’?

An ‘exempted question’ relates to the Standard disclosure process. Ordinarily, due to the Rehabilitation of Offenders (Northern Ireland) Order 1978, an employer is entitled only to request an individual’s unspent record. However, exceptions are made in the Rehabilitation of Offenders (Exceptions) Order 1979 which lists the circumstances in which an employer may apply for a Standard disclosure. An application for a disclosure in these cases is said to be an ‘exempted question’.

11. Where do I get application forms from?

Application forms can be downloaded from www.accessni.gov.uk or you can call our customer services. They should also available from the person who asked you to apply for the disclosure.

12. When should I use the Criminal Records Bureau or Disclosure Scotland instead?

If you are an employer or an organisation in England or Wales applications should be made to the Criminal Records Bureau. If you are in Scotland, then applications should be made to Disclosure Scotland.

13. How much does it cost?

Pricing for each level of disclosure is as follows:-

Access NI reserves this right to amend this pricing structure in order to ensure recovery of costs. Disclosures for volunteers working in non-profit organisations may qualify for free services if they meet the criteria.

14. Do I get a receipt?

The disclosure certificate is your receipt.

15. Why do you charge a fee?

AccessNI has been designed to be self-supporting. This means that the costs of running AccessNI are met by charging fees for its services. We are funding AccessNI in this way to reduce the burden on public resources and to release vital funding to other frontline services.

16. How do I pay?

If you are applying for your own Basic disclosure payment must accompany your application form – payment can be made by cheque, postal order or approved debit/credit card. Applications for Standard and Enhanced disclosures must come through a Registered Body and be countersigned. In addition to the payment methods available for Basic Disclosures, Registered Bodies can also choose to operate on Account. This means that disclosure applications will be processed and a charge will accrue against the organisation, leading to the raising of an invoice at the end of each month. Access Northern Ireland’s preference is that outstanding accounts are settled by electronic means, ie BACS or Direct Debit. Organisations unable to pay by electronic means can settle outstanding accounts by way of cheque or Postal Order.

17. Who Qualifies for free disclosures?

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. (i)where the person is volunteering directly for a Statutory organisation; or (ii)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.

18. What about people with convictions related to “the troubles”?

Guidance on this issue is available from the Office of the First and Deputy Minister. You can contact them on: 028 9052 8400. A PDF version of the guide is available at www.ofmdfmni.gov.uk/1.05.07_ex_prisoners_final_guidance.pdf.

19. What is the Independent Safeguarding Authority?

The Independent Safeguarding Authority (ISA) is an important initiative flowing from the Bichard Programme. Work to build the ISA is being led by the Home Office and DfES in partnership. It will create a system to continuously monitor those who are working with children and vulnerable adults and will strengthen significantly the protections offered to vulnerable people. You can learn more about VBS or the Independent Safeguarding Authority at www.everychildmatters.gov.uk/independentsafeguardingauthority/.

20. How will ISA effect AccessNI?

AccessNI will be the gateway for people in Northern Ireland who wish to enter the vetting and barring scheme. Further details will be made available as further developments occur.