Blog



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
| Criminal Record Checks
May 16, 2019
Blog Article Image

UK Criminal Record Checks

Many of our clients are supporting the NHS with a variety of ways, and the question keeps popping up whether or not they should be getting their staff checked for standard or enhanced DBS checks.  We have recently received several enquiries regarding the level of check that is appropriate for contractors visiting NHS Trust sites, including Medical Sales Representatives and Service Engineers.

Eligibility with regard to roles held by contractors visiting NHS Trust sites, including Medical Sales Representatives and Service Engineers, has not changed, and the guidance provided by both NHS Employers and DBS advises that in the majority of cases, basic level checks are appropriate. However, standard level checks may be requested where the contractor is providing a health service and has access to patients while carrying out their role.  

Verifile pays particularly close attention to applications for such roles to ensure that checks are not submitted at a level that is above and beyond eligibility laid out in legislation. 

We would also take this opportunity to remind our clients that any contractual statement they may have with their NHS client regarding the level of check required for contractors as part of any broader accreditation arrangements does not override eligibility as laid out in legislation.  In such a scenario it is important that clients challenge requests made by NHS Trusts for levels which seem unjustified.

Our industry page for the Health and Social Care industry covers additional guidance.

Important update from DBS - Undisclosed addresses for enhanced level checks

The Disclosure and Barring Service (DBS) are changing their process for handling undisclosed addresses identified during enhanced level checks. Undisclosed addresses are those that the candidate did not declare in their application, and the DBS or a local police force have reason to believe that they did reside there during the last 5 years. Previously, DBS updated the address history and proceeded with the check. Going forward, DBS will instead cancel the check and so a new order would need to be placed that includes the undisclosed address. We understand that DBS will tell us the undisclosed address and we share that address with you.

Checks on joining a profession

Having recently reviewed eligibility guidance issued by the DBS, we are updating our own guidance on criminal checks for individuals entering certain professions, and individuals changing employer or role in those professions.  

The professions are:

  • Master locksmiths
  • Barristers
  • Chartered and certified accountants
  • Veterinary surgeons
  • Actuaries
  • Registered foreign lawyers
  • Chartered Institute of Legal Executives – legal executive and other authorised person

DBS guidance states that individuals are eligible for a standard level check upon entry into these professions. Subsequent checks undertaken when changing employer or role are eligible for a basic level check.

If you need to update your DBS job roles or packages to reflect these changes, please let us know.

Checks in Northern Ireland

AccessNI has added an Irish marriage certificate to its list of acceptable documents. AccessNI now asks that their new form is used during the ID checking process for each application. You can find the form here (you will need to log in. If you do not have an account with us please register for one).

An update from    CIFAS

As there is no legal requirement to screen against Home Office Immigration data either during pre-employment screening or for existing employees, and due to restrictions imposed on not viewing this data outside of the EEA, CIFAS has taken the decision to stop returning Home Office Immigration data on their Internal Fraud Database.

Read More
CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
| Education | Referencing and Verification Services
May 14, 2019
Blog Article Image

A Maths teacher from Brighton has been banned from teaching for life after lying about having a 2:1 BA (hons) degree on his CV

A Maths teacher from Brighton has been banned from teaching for life after lying about having a 2:1 BA (hons) degree on his CV.  Mr Craig Bozic, who was teaching at the school for nearly a year before resigning in March 2018, is now prohibited from teaching indefinitely and will not be allowed to teach in England again or even apply for the ban to be removed!
 
Mr Bozic was never able to produce evidence of his degree, despite multiple requests from the school, which led to the investigation that ended to this ban for life. A professional conduct panel which took place in Coventry reported that Mr Bozic lied on his CV in order to secure the teaching position and it was a "deliberate act to conceal the truth".

Verifile often deals with degree-related fraud, and these are the most common issues we uncover: 

  • Exaggeration of grades is super common. Candidates will bump their grades up, for example, and A level results such as C, C, D may become B, B, C if the candidate is modest or to straight As if they are more daring. Same applies to degrees where 2:1 is increased to a 1st for example. 
  • Candidates who never finished their degree course often claim on their CV that they did. 
  • Buying an unrecognised 'degree' online based on 'life-experience' is another common fraud. A Diploma mill sells fake degrees and worth $1 Billion a year so this is a thriving industry! 
The decision regarding Mr Craig Bozic can be found here (https://www.gov.uk/government/publications/teacher-misconduct-panel-outcome-mr-craig-bozic)
 

Read More
CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
May 13, 2019
Blog Article Image

Privacy Shield and the UK FAQs

Can a Privacy Shield participant rely on the EU-U.S. Privacy Shield Framework to receive personal data from the United Kingdom in light of the UK’s planned withdrawal from the EU?

The European Council and the United Kingdom (UK) have agreed to extend the period for withdrawal of the UK from the European Union (EU) beyond March 29, 2019. During the extension period, the UK will remain a Member State of the EU; as a Member State, EU law will remain applicable to and in the UK. The length of the extension period has not yet been determined.

In order to receive personal data from the UK in reliance on the EU-U.S. Privacy Shield Framework (“Privacy Shield” or “the Framework”), Privacy Shield participants must update their Privacy Shield commitments by the Applicable Date, as explained below, depending on how the UK and the EU implement the withdrawal.

Scenario (1) “Transition Period”: The UK and EU have preliminarily agreed that from the date the UK leaves the EU until December 31, 2020, a Transition Period will take place during which EU law, including EU data protection law, will continue to apply to and in the UK. During the Transition Period, the European Commission’s decision on the adequacy of the protection provided by Privacy Shield will continue to apply to transfers of personal data from the UK to Privacy Shield participants. During the Transition Period, the United States will consider a Privacy Shield participant’s commitments to comply with the Framework to include personal data received from the UK in reliance on Privacy Shield with no additional action on the part of a participant required.

Privacy Shield participants seeking to receive personal data from the UK in reliance on the Privacy Shield after the end of the Transition Period must take the steps below by the Applicable Date of December 31, 2020. The Department of Commerce encourages Privacy Shield participants to use the Transition Period as an opportunity to update their privacy policies.

Scenario (2) “No Transition Period”: In the event that the UK and the EU do not finalize an agreement on the Transition Period, Privacy Shield participants receiving personal data from the UK in reliance on the Privacy Shield must take the steps below by the Applicable Date of April 12, 2019 or May 22, 2019, as the case may be, dependent on the date of the UK’s withdrawal from the European Union.

Updates by the Applicable Date:

To receive personal data from the UK in reliance on Privacy Shield in the case of no Transition Period, or after the Transition Period, a Privacy Shield participant will be required to adhere to the following:

  • First, a Privacy Shield organization must update its public commitment to comply with the Privacy Shield to include the UK. Public commitments must state specifically that the commitment extends to personal data received from the UK in reliance on Privacy Shield. If an organization plans to receive Human Resources (HR) data from the UK in reliance on Privacy Shield, it must also update its HR privacy policy. Model language for these updates is provided below:
(INSERT your organization name) complies with the (INSERT EU-U.S. Privacy Shield Framework [and the Swiss-U.S. Privacy Shield Framework(s)]) (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the (INSERT European Union and the United Kingdom and/or Switzerland, as applicable) to the United States in reliance on Privacy Shield. (INSERT your organization name) has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
  • Second, organizations must maintain a current Privacy Shield certification, recertifying annually as required by the Framework. An organization that does not modify its commitment as directed above will not be able to rely on the Privacy Shield Framework to receive personal data from the United Kingdom after the Applicable Date. After the Applicable Date, an organization that has publicly committed to comply with Privacy Shield with regard to personal data received from the UK and that has committed to cooperate and comply with the EU Data Protection Authority panel under the Framework will be understood to have committed to cooperate and comply with the UK Information Commissioner’s Office (ICO) with regard to personal data received from the UK in reliance on Privacy Shield.

Read More