Home CRB checks and the SVGA
Enhanced Criminal Records Bureau (CRB) checks
PSNC regularly receives queries from LPCs and contractors about requests from PCTs for the undertaking of enhanced CRB checks on pharmacy staff providing NHS services. This PSNC guidance summarises our policy on CRB checking at the current time (June 2010).
Essential services
There is no NHS regulatory requirement for pharmacy contractors to have undertaken CRB checks on pharmacy staff providing Essential services.
Advanced services
There is no NHS regulatory requirement for pharmacy contractors to have undertaken CRB checks on pharmacy staff providing Advanced services (MURs, Appliance Use Reviews, Stoma Appliance Customisation).
However where a pharmacy contractor requests permission from the PCT to undertake MURs off the pharmacy premises, e.g. at the patient's house, the PCT may require that the pharmacist undergoes an enhanced CRB check before giving consent, particularly if the patient is a vulnerable adult. If the PCT requires enhanced CRB checks, then it should arrange and pay for these checks.
Enhanced services
PCTs have the right to impose conditions for the provision of locally commissioned Enhanced services. If the PCT requires enhanced CRB checks as a pre-condition of providing an Enhanced service, then it should arrange and pay for these checks; or the full costs of undertaking the checks should be included in the negotiated funding for the service.
The Safeguarding Vulnerable Groups Act 2006 (SVGA)
The SVGA strengthens current safeguarding arrangements for individuals in the workplace. Its purpose is to reduce the risk of individuals suffering harm at the hands of those employed (in either a paid or voluntary capacity) to work with them.
The phased introduction of the Act's requirements will change the position of community pharmacy staff and CRB checks over the coming months.
The SVGA required persons whose names are on a ‘barred' list, not to apply for posts which would involve working with children or vulnerable adults as appropriate - if they do, they commit an offence. An employer who knowingly employs someone who is barred to work with those groups would also break the law. Employers who dismiss workers because they have caused harm to children or vulnerable adults, are obliged to submit a report to the Independent Safeguarding Authority.
From July 2010 those who work with children or vulnerable adults were to be required to register with the Independent Safeguarding Authority (ISA), and before employing a person to work with children or vulnerable adults, an employer would be required to seek from prospective employees evidence of registration (e.g. to quote their registration number that the employer could check on-line). If a person is not registered, they could not be employed. The process of registering is expected to take several years.
In June 2010, the government launched a review of the vetting and barring legislation, and has put on hold all requirements that have not yet started - such as the registration requirement. Whilst registration will be deferred, the provisions already in force continue to have effect, so barred persons must not apply to work in a pharmacy (because pharmacies routinely deal with children and vulnerable adults), and pharmacies should not employ persons who are barred. Employers must also inform the ISA if they dismiss a person because of harm being caused to a child or vulnerable adult.
The review will involve the Home Office and the Department of Health (which has been developing guidance which will assist with the interpretation of the SVGA requirements and their application to community pharmacy). It is expected that this guidance will be put on hold until after decisions have been made about the extent of the changes to the vetting and barring scheme.