Schedule 5 – Appropriate verification
79.Schedule 5 sets out how a regulated activity provider fulfils the duty to check that a person is subject to monitoring.
80.The default position is that a regulated activity provider must obtain an appropriate verification in accordance with one of the methods set out in Part 1 of the Schedule. In summary the methods are:
making a check through an application under section 30 (see paragraph 1(1)(a)) that the person is subject to monitoring, and whether he is undergoing assessment (as defined in section 31(4));
obtaining an enhanced criminal record certificate under the Police Act 1997 in relation to the person (see paragraph 1(1)(b)) containing “suitability information” including whether the person is subject to monitoring, and whether he is being considered for barring (other than automatic barring) (see paragraph 11 of Schedule 5 and paragraph 14 of Schedule 9), or obtaining information derived from such a certificate (see paragraph 2);
obtaining written confirmation from another regulated activity provider who is also permitting the person to engage in the activity concerned that the other regulated activity provider:
has no reason to believe that the person is barred or not subject to monitoring in relation to the activity; and
is registered to be notified by the Secretary of State if the person ceases to be subject to monitoring in relation to the activity.
obtaining written confirmation from a personnel supplier who is supplying the person to engage in the activity concerned that the personnel supplier:
has no reason to believe that the person is barred or not subject to monitoring in relation to the activity; and
is registered to be notified by the Secretary of State if the person ceases to be subject to monitoring in relation to the activity.
81.For example where a school hires a building contractor to carry out maintenance work on the school, the school may rely on written confirmation from the contractor. And where an employment agency supplies carers for a care home, the care home may rely on written confirmation from the employment agency.
82.Section 11(8) makes it an offence to provide written confirmation that is false.
83.Part 2 of the Schedule applies only in prescribed cases (see section 11(2)). To make a check under part 2 a regulated activity provider must both check a person is subject to monitoring and have taken prescribed steps to obtain an enhanced criminal record certificate. A regulated activity provider may rely on a check carried out by another regulated activity provider or by a personnel supplier in the same circumstances set out for part 1. But under part 2 the regulated activity provider must obtain from the other regulated activity provider or personnel supplier a copy of an enhanced criminal record certificate in addition to written confirmation. The written confirmation must include that the regulated activity provider or personnel supplier:
has no reason to believe that the person is barred or not subject to monitoring in relation to the activity;
is registered to be notified by the Secretary of State if the person ceases to be subject to monitoring in relation to the activity; and
has not had disclosed to him, in connection with the criminal record certificate, information from the Secretary of State in pursuance of section 113B(6)(b) of the Police Act 1997. This is information which, in the interests of the prevention or detection of crime, the chief officer of a relevant police force did not consider could be included on the criminal record certificate, but could nonetheless be provided to the registered person who countersigned the application for the criminal record certificate.
84.Part 3 of the Schedule also applies only in prescribed cases (see section 11(2)). To make a check under part 3 a regulated activity provider must obtain a copy of an enhanced criminal record certificate. As throughout Schedule 5, the certificate must provide the suitability information referred to in paragraph 11 including, amongst other things, information as to whether the person is barred, being considered for barring (other than automatic barring) and/or is subject to monitoring in relation to the activity. The regulated activity provider may also rely on written confirmation and an enhanced criminal record certificate from another regulated activity provider or a personnel supplier as set out, above, for part 2.