criminal record and working in a care home

caris

H year

What exactly are the rules for working in a care home when you have a criminal record for fraud and deception and you only got a record last year?

I was always under the impression that if you had a criminal record you would fail the CRB and POVA, so would automatically not get a job working in a care home.

I know someone who has just been accepted for a job, they supposedly admitted they had a record to the care manager who said it did not matter! Even if the POVA came back with it on, they would still be given the job.

I have to say that I was totally shocked by this, but just wondered what the position was regarding this.

DVardysShadow

I do not think that CRB can be 'failed'. I am far from shocked. The person in question is herself in a vulnerable position, being first under suspicion if anything happens and also, if the information gets out, a good target for being framed by anyone so minded.

Ebany

As has been said, a CRB is not something you pass or fail, it is a means of providing information to the recruiter so they can make an informed decision. Personally, I would be very cautious of such a recent, and possibly relevant criminal record (as they may have the opportunity in their work to commit fraud with the finances of vulnerable people) it would still depend on their explanation.

Admittedly, with fraud, how much can you really trust their own statement of what happened... but its still only fair to allow them to put their side of the case. What can sound really bad can, on explanation, really not be anything major, just wrong place, wrong time sort of thing.

If they came back as being on the POVA list then something is very wrong though, as that is basically a list of 'these people should not work with vulnerable adults'. I'm not 100% sure about the rules, but a manager would need an incredibly good reason to ignore this, if its allowed at all. I doubt the Care Quality Commission would look well on a manager who employed people on this list to care for vulnerable adults. Fraud alone will not get you on this list though, only if it was taking advantage of a vulnerable person - bank fraud or benefit fraud (for example) won't do it.

Snuggles

As Ebony says, you don't pass or fail a CRB check, it's just a means of obtaining information.

Regarding the POVA list, if a person is on the list, they cannot be employed in a care position - it is not open to the discretion of the employer.

Having a conviction of some kind for fraud or deception would not lead to someone being placed on the POVA list, unless the offence had been carried out against a vulnerable adult.

Snuggles

validata wrote: »

I am aware that The Criminal Information Bureau have very recently offered to place such ex-offenders in Care Homes via Apex Nursing who were adamant that there would be no problem, but were denied access by the relevant Local Authority!

Sorry validata, not sure I understand what your point is? It's up to the Local Authority if they make the decision not to allow ex offenders to be employed in their care homes. That's nothing to do with the POVA list.

Savvy_Sue

Snuggles wrote: »

Sorry validata, not sure I understand what your point is? It's up to the Local Authority if they make the decision not to allow ex offenders to be employed in their care homes. That's nothing to do with the POVA list.

I'm confused too. I don't know who the Criminal Information Bureau are, but the Criminal RECORDS Bureau don't place anyone anywhere. And they've never made decisions anyway, they've just passed on information which employers can then take into consideration before deciding whether someone's record makes them unsuitable for that job.

However from next year, everyone working with children or vulnerable adults is going to have to be registered with the Independent Safeguarding Authority. And the ISA WILL decide whether you're a fit and proper person, or not. Employers will have no discretion, employees will have no right of appeal.

starnac

i work in the care sector and unfortunately there are a lot of care homes who are not really bothered about vetting potential employees.

however if the fraud was against a vulnerable person (adult or child) then they would be placed on the POVA list. This is checked when you have your CRB check. As Savvy_sue mentioned above this will all change next year and there will be stricter rules in force. All employees in the care sector will need to be registered in order to continue working in care. if you are already on the pova list or get convicted then your registration will be revoked.

tallyhoh

My FIL is in a care home & believe me they are so short staffed they would employ anyone. My guess is that CRB's are not even applied for or staff are taken on before the application is made.

-BA-

tallyhoh wrote: »

My FIL is in a care home & believe me they are so short staffed they would employ anyone. My guess is that CRB's are not even applied for or staff are taken on before the application is made.

Whilst this may indeed happen it is most definitely against the law. Staff can start work whilst the application is in progress however they cannot work unsupervised. Applications have to be made by law, employers not carrying out the necessary checks face pretty severe penalties as far as I know.

robpw2

surely it would depend on what the crime was a caution when your 15 for shoplifting etc would not nesscary be as bad as a gbh conviction

caris

Thank you for all your comments.

The person in question had 5 counts against her for fraud and deception, she used her ex partners (they had already split, when she committed these offences) credit card to make purchases and she also illegally obtained £1000 from his bank account. She was found guilty on all charges and was given a fine, which shes still paying back and was put tagged and put under curfew, this was meant to be for 6 months, but for some reason they turned up at her home 3 weeks later and removed it, she failed to tell them it was not due to be removed, so I think someone made a !!!!-up somewhere.

The POVA has come back, (supposedly) and the care manager gave her a start date to start work today.

I have to say that I would not have this person working in a care home with vulnerable adults, she has stollen on quite a few occassions before she was done for the fraud and deception from different shops including walking out of them with the clothes on her back and the shoes on her feet!!! alhough she never got caught, she has also stollen money fro family members and an old school friend, whos son told his mother, but she did not report it to the police.

The last employment she had was earlier this year where she was working and carried on claiming benefit, she was not caught.

I hate to think what she might get up to in this job.