AccessNI checks are just one part of safer recruitment. Taking up a criminal records check is the last stage of an appointment procedure. 
 
Under the Protection of Freedoms Act 2012, employers have certain responsibilities, and the following regulations apply: 

• Employers, social services and professional regulators have a duty to refer to the DBS for any information about individuals for whom they are responsible and who are believed to pose a risk to children or adults with care and support needs (where they are working in Regulated Activity). 
• If your organisation works with children or vulnerable adults and you dismiss a member of staff or a volunteer (who was working in Regulated Activity) because they have harmed a child or vulnerable adult, or you would have done so if they had not left before your intended dismissal, you must tell the Disclosure and Barring Service. This also applies if a worker resigns before any action is taken; or if you remove them from Regulated Activity and place them in another role.
• A person who is barred from working with children or vulnerable adults will be breaking the law (and liable to prosecution incurring imprisonment and/or a fine) if they work or volunteer, or try to work or volunteer in a Regulated Activity. An organisation that knowingly employs someone who is barred from working with those groups will also be breaking the law (and liable to prosecution incurring imprisonment and/or a fine). 

Further information on the procedure for referrals to the DBS can be found on the DBS website at gov.uk/making-barring-referrals-to-the-dbs or by phoning the Barring helpline on 03000 200190.

Further information about the employer's obligations can be viewed at https://www.nidirect.gov.uk/articles/employer-obligations-and-fair-treatment 

Before you give the applicant access to a AccessNI application form, they must have an opportunity to self-declare any relevant information. For standard or enhanced AccessNI checks applications should complete and return to you a Self-declaration Form. (Unless this is a renewal disclosure application, and your contract contains a clause requiring the applicant to disclose any warning, reprimand or conviction history.) 

Sometimes applicants may seek to re-use their Disclosure Certificate. The value of a disclosure is directly linked
to the date it was issued and the re-use of a Disclosure Certificate should only be considered in very limited
circumstances.

• There is no formal period of validity. Disclosures are designed to be used immediately. The information provided on a Certificate is valid only on the date of issue and information may have changed since then.
• Legislation - the employer may be under a legal obligation to obtain a fresh disclosure.
• The Certificate is genuine. It is the employer’s responsibility to satisfy him/herself that the certificate is an
  original and has not been tampered with in any way
• The level of the certificate. If a post requires an Enhanced or Standard Certificate, then basic should not be considered.

Standard or enhanced certificates should not be re-used because every application to see spent convictions or
approved information should be countersigned by a registered person based on a specific role or position.

Only the employer can decide whether to accept the Certificate. Any organisation that chooses to accept a
previously issued Disclosure Certificate does so at their own risk.

Limitations

• An Access NI check carries no formal period of validity and the older a check the less reliable the information, as the information the check contains may not be up to date. The date of the issue (on the individual’s copy) should be used as a guide as to when to request a new check.
• Information revealed through an Access NI check only reflects the information that was available at
  the time of its issue.
• Using a previously issued Access NI check does not constitute a fresh check – the person’s criminal record or other relevant information may have changed since its issue.
• Registered Bodies are responsible for the accuracy of the information provided to Access NI and on which it carries out its checks. By accepting a previously issued Access NI check you are accepting the risk that the
  previous Registered Body provided Access NI with a fully validated applicant’s identity on which to carry out its checks.

If you are recruiting people from overseas an AccessNi check may not provide a complete picture of their criminal record. This is because the AccessNI cannot access criminal records held overseas, unless the applicant is doing regulated work with children and is: 

• German
• Lithuanian
• Portuguese
• Spanish
• French
• Italian
• Slovakian
• Bulgarian
• Hungarian
• Latvian
• Polish
• Romanian
• Czech 
• Greek
• Dutch

For guidance on how to access criminal record checks from overseas click here.

We have generally advised that churches and organisations carry out checks every three years but you should also check with your insurance company and your organisation’s Head Office (if applicable) to see what they require.  If you ever had any concerns about a worker; or they were in a role with a high level of contact then you could ask them to apply for a renewal at any interval. 

A check is only as good as the information on a particular day, based on the adequacy of identity/address checks carried out by the recruiter.  Information is, of course, out of date as soon as it’s issued and you cannot assume that you will be informed of any subsequent concerns.   In addition to regular rechecks, we advise having a clause in a worker’s contract obliging an individual to inform the organisation of any subsequent police/social services involvement, clearly placing the onus on the individual to let you know.   

Each organisation must have a Lead Recruiter, however, it is recommended that there is at least one other Recruiter appointed to help with processing disclosures.

Just call on 0303 003 11 11 (option 1) or email us at [email protected] to be provided with the appropriate form for making Recruiter changes to your organisation.

The cost per check is different depending on a number of factors.  A full list of our current costs can be found at thirtyoneeight.org/our-prices

At Thirtyone:eight to seek only to cover the costs of processing your check, and hosting our secure online system. Our charges are significantly lower than the majority of other Registered Bodies.

We do not charge extra for providing our advice and guidance on good working practice or individual appointments.  

Our charges may vary from time to time due to changes in charges made by AccessNI and other external factors. You will always be notified of any changes well in advance.