The Care Act 2000 lays down very stringent rules as to who can and cannot work with children and vulnerable adults. In some respects the legislation isn’t too sensible. There is an implication that you should take an individual on then clear them with the Criminal Records Bureau and anyone else necessary, i.e. by taking up references inquiries from previous employers.

However, if you follow that practice you will put the people within your care at risk until the CRB checks come through- possibly months. Therefore it would be prudent and good policy not to actually start people in employment until you have checked that they are suitable for the employment concerned.

Someone who is refusing to produce documentation consistently would, as far as I’m concerned indicate the likelihood of a serious problem and I would be very worried.

You should have arrangements to take up status disclosures with the CRB, their have been changes to their systems fairly recently and they may require you to go through an agency specialising in such things if you are not registered with them and if you only seek a few status disclosures per annum; but you really do need to make sure that the people you employ are safe to work with the people in your care.

I would call a meeting with this your employee and point out to her that you’re not prepared to allow her to continue without this evidence and even to the extent of sending her home to get it. If she’s not able to produce it I would be inclined to suspend her whilst you check.

This check may take some time and it may persuade you that it would have been wiser to check it before you took her on, but if she is an unsuitable person and she either does do something with one of your residents, or several of them, which is actionable, you will find yourself in some difficulty. You might feel that seeking professional advice on this issue would be valuable.

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