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| Criminal Record Checks
February 25 2020

Latest news from AccessNI

AccessNI have issued their latest newsletter with a whole host of updates and information for people using their services. Verifile’s Business Improvement team have handpicked the topics they think you need to know.

Working in premises/establishments regulated by Regulation & Quality Improvement Authority (RQIA)

Part V of the Police Act (Criminal Records)(Disclosure) Regulations 2009 enables RQIA to check senior managers in, and owners of, care homes as “suitable people”.

AccessNI have asked that all counter signatories are made aware of updated guidance. AccessNI say they continue to receive applications requesting barred list checks for positions which do not include health care and/or personal care duties.

The following will help you decide if a request is appropriate:

  • Only staff employed to provide health care or personal care within an adult care home, and in regulated activity, should seek an enhanced disclosure with an (adults) barred list check
  • Others employed in an adult care home would be eligible for an enhanced check (no barred list), on the basis this was previously a specified establishment, and provided they have opportunity for contact with vulnerable adults and can meet the frequency/intensity test
  • Those temporarily working in a care home, such as maintenance staff, are only eligible for an enhanced check (no barred list) where they meet the frequency/intensity test for the same home. That is more likely to arise where the person is employed directly by the care home, e.g. a gardener rather than, for example, a lift engineer who is under contract to several homes. But each individual case needs to be considered on its merits.
Further Education Colleges - Eligibility for AccessNI Disclosure checks

Individuals working in a Further Education College (with under 18s), who are not in positions of Regulated Activity, are eligible for an enhanced disclosure certificate with no barred list check. This is on condition that they meet the frequency requirement (once per week or four times a month).

Cleaners, auxiliary staff and administrative staff in these establishments are eligible for an enhanced disclosure with no barred list check on condition that they meet the frequency requirement.

Public Services Card (Ireland)

AccessNI has received further clarification on the use of the Public Services Card (Ireland) as an acceptable ID document.

As AccessNI is not regarded as a ‘Specified Body’ under Schedule 5 of the Social Welfare Consolidation Act 2005, they can no longer include this card in their Group 2B documentation.

Accordingly, the following AccessNI documentations have been updated:
  • Guide to identity checking can be found here
  • AccessNI PIN notification and ID validation for registered bodies can be found here
  • AccessNI PIN notification and ID validation for responsible bodies can be found here
EU Exit - ROI and EU checks

AccessNI has confirmed that, with the UK having now left the EU, information can continue to be sought from the Irish authorities for enhanced applications, where the individual lives or has lived in the past five years in the Republic of Ireland.

They can also obtain information from another 12 EU countries where a national of one of these countries applies for an enhanced check working with children in Northern Ireland.

This remains the position during the designated transition period after the UK leaves the EU. Further information about the position after transition ends will be provided as soon as it’s known.

You can read AccessNI: Newsletter 32 in full here.