criminal record and working in a care home

Snuggles

Savvy_Sue wrote: »

This makes no sense at all. You cannot assess the risk by looking at the individual. You can only assess it by looking at the individual in the context of the activities they undertake: what they do, in what circumstances, with what supervision, and with what safeguards in place. They cannot assess the risk of our work, when they know nothing about it.

The role of the ISA is not to assess the risk of your particular organisation's work, but to assess the risk that an individual may pose in any context where children and/or vulnerable adults are present in the workplace. Inevitably this will take some discretion away from employers, but the ISA will have access to a wider range of information on which to base it's assessment (of the individual), than is available to an employer.

The vast majority of people will not be barred, and I sincerely hope that the new scheme won't have a detrimental impact on the work you do.

tallyhoh

-BA- wrote: »

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.

It is against the law. I currently have formal complaints with Social Services, local hospital & 2 care homes. They have been ongoing since 2005 without conclusion. The most we get is "under investigation" from people.
Unfortunately what is against the law & who will be prosecuted is way out of our control.

Savvy_Sue

Again, DH speaking...

Snuggles wrote: »

The role of the ISA is not to assess the risk of your particular organisation's work, but to assess the risk that an individual may pose in any context where children and/or vulnerable adults are present in the workplace.

Sorry, but in the absence of any evidence to the contrary, I cling to my belief that this just cannot be done as you describe.

The only way to "assess the risk that an individual may pose in any context" is to consider every possible context. If the phrase has any meaning, then the risk in any context must be determined by considering the risk in every context, and taking the highest.

The only way for them to safely 'assess' the risk in the complete absence of any information about the measures we take to reduce and remove risk is to assume that we don't do anything to reduce and remove the risk. In other words, they must prevent people from volunteering with us who would actually pose little or no risk because of our work practices.

You can win this argument very easily: simply describe to me how you would go about assessing the risk without any knowledge of the circumstances...

Snuggles

Savvy_Sue wrote: »

Again, DH speaking...



Sorry, but in the absence of any evidence to the contrary, I cling to my belief that this just cannot be done as you describe.

The only way to "assess the risk that an individual may pose in any context" is to consider every possible context. If the phrase has any meaning, then the risk in any context must be determined by considering the risk in every context, and taking the highest.

The only way for them to safely 'assess' the risk in the complete absence of any information about the measures we take to reduce and remove risk is to assume that we don't do anything to reduce and remove the risk. In other words, they must prevent people from volunteering with us who would actually pose little or no risk because of our work practices.

You can win this argument very easily: simply describe to me how you would go about assessing the risk without any knowledge of the circumstances...

Hi, I'm not sure why you are taking such an aggressive tone when I only originally posted to try to help with some information and answer a question your OH asked! I'm not trying to win an argument

All I can tell you is that the ISA will not be considereing every possible context as you suggest. The risk assessment is based on behavioural factors particular to the individual - there is a great deal of information here: http://www.isa-gov.org.uk/pdf/GuidanceNotesforBarringDecisionMakingProcessweb.pdf

I hope you find that useful.

Savvy_Sue

I apologise. He doesn't meant to be aggressive. He just likes logic and reason!

And we are way off topic for the OP ...

junkmayle

As it stands now, the care home owner can employ who he likes. The CRB check is merely extra info, but the ultimate choice rests with the employer. When the ISA is active, the goverment interposes itself in yet another aspect of daily life it has no right to. The choice is made by the government NOT the employer. In a stroke, HR people and private business owners are rendered impotent, redundant and infantalised. It doesnt matter if you may know the applicant personally for many years and all aspects surrounding thier 'crime', if the government say no, its NO. You are a eunuch. You are not trusted to make your own decisions. Another step closer to the kind of society certain posters seem to aspire to.

dfh

Having a criminal record does not necessarily bar you from taking up a job.It depends on the crime and the type of job.