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keeblem
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Inner circle
Essex, UK
1167 Posts

Profile of keeblem
Quote:
On 2014-01-22 12:41, Daveandrews wrote:
CRB doesn't exist anymore, per se.
It is now the DBS (Disclosure and Barring Service)
The best thing to do is go to their site, and check it out - if anyone is a member of the CEUK group on Facebook, there is and interesting thread on there.
Have fun !


As a children's entertainer you do not need a DBS check nor can you legally apply for one:

DBS Checks
"Eligibility is based upon the nature of the duties for the specific position. To be eligible for a DBS check a position must be:

• Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 – this entitles the position to a Standard level check; and if
• Prescribed in The Police Act 1997 (Criminal Records) Regulations entitles the position to an Enhanced level check.

Eligibility can also exist if the role involves regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults (within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006).

From the information you have given the role of a children’s entertainer is not listed in the Rehabilitation of Offenders Act (ROA) 1974 and is not Prescribed in The Police Act 1997. The role of a children’s entertainer does not appear to involve regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults. Therefore eligibility does not appear to exist.

Furthermore as you are self-employed current legislation does not allow the self-employed or individuals to apply for a Disclosure and Barring Service (DBS) check on themselves. This is because they cannot ask an exempted question of themselves. Only recruiting organisations can ask the exempted question so they can assess an applicant’s suitability for a role as defined in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

For your information as the parents are present, then they are responsible for the children not yourself removing eligibility where it states does the role involve regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults.

Please note the submission of DBS checks for ineligible positions would be considered unlawful under the terms of the Rehabilitation of Offenders Act 1974. Under Part V of the Police Act 1997 an application for a DBS check must be accompanied by a statement by the registered person that the certificate is required for the purpose of asking an exempted question.
If an individual knowingly asks for a DBS check for a post which is not included in the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974 (ROA), they would be in breach of Part V, section 123 of the Police Act, in that they are committing an offence by knowingly making a false statement for the purpose of obtaining or enabling another person to obtain a certificate under this part.
For more information on eligibility guidance please follow the attached link:

https://www.gov.uk/government/publicatio......guidance
TomBoleware
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Inner circle
Hattiesburg, Ms
2802 Posts

Profile of TomBoleware
Quote:
On 2014-01-23 01:25, Starrpower wrote:
Yeah, Tom, but if I come into your facility, you would be a fool to leave me alone with kids anyway. What about any other worker that might have to enter your facility -- maintenance people, plumbers, painters, mail carriers, etc? DO they all need a background check? A magician would only be there 45 minutes.


I have never required one for folks like that. But the way the law is written I can see where it can be very confusing to some directors. Especially a new one.

Most don't worry about the repair people because they have nothing to do with the children. But those that interact with the kids do. While you may not be at my center but for only 45 minutes, you do go on to many other centers doing the same thing. It's hard for some not to categorize you as somebody that works with kids.

Most that come to daycare centers to teach extra activities for a fee, such as cheerleading, tumbling, karate, art classes, music, etc, will provide a background check up front. They feel it's only good business to have one.

I also know several magicians that uses the background check to their advantage. They don't wait until asked for it, they make it known up front that they have been cleared to work with kids.


Of course it's never a big deal for most, until somebody asks for it and you don't have it

Tom
"Entrepreneurs are willing to work 80 hours a week to avoid working 40 hours a week"--Lori Greiner

www.tomboleware.com
TonyB2009
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Inner circle
5006 Posts

Profile of TonyB2009
Quote:
On 2014-01-22 22:09, Starrpower wrote:
Tony, what happened to your avatar?

Good question. It disappeared one day and I am a Luddite. I couldn't figure how to get it back. I need to join an Amish magic community.
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