FAQ
Q. "I am a
transsexual person and am concerned that revealing details of my previous
gender to the person countersigning my Disclosure application may infringe
my privacy. What should I do?"
A. The CRB has a special
application procedure for such cases. For further information please
contact Clare Blackburn, CRB Investigation
Manager, who will discuss this matter in confidence with you on 0151
676 1523.
The Criminal Records Bureau (CRB) has now
changed its procedures and introduced a special mechanism so that
applications for Criminal Records Disclosures by transgender people working
with vulnerable groups need no longer lead to exposure of the applicant's
transgender history. Just as importantly, the new procedure does not weaken
the fundamental purpose of the checking process, which is to protect
vulnerable people.
Sensitive information (ie former gendered
names) that would make a trans person's previous history apparent to an
employer can now be left off the official application form so long as the
missing information is sent under separate cover to a special address
provided for this purpose by the CRB.
The Bureau have provided a pro-forma letter
to accompany this separate information and the address for handling this
information is completely separate to the normal submission processes, so
that information can be dealt with sensitively by a specially trained team
established for this purpose. The team will then marry-up the sensitive
information with your normal application in such a way as to satisfy the CRB
that the disclosure process remains as thorough as it is intended to be. If
you have no criminal record, or if any recorded offences are in your
reassigned role/name then the disclosure sent back to your employers will
contain no indication of your past. Only those people who have conviction
records in their previous identity and gender will find those details
reproduced on disclosures.
It should be possible for trans people in
the UK to now apply for and move among jobs in education, nursing and other
caring roles involving vulnerable people without the fear that their
personal medical history will need to be revealed in the process of
providing a report on their Criminal Record to employers.
[It is advised that where the letter
reads 'post-operative' you read 'post-transition', and that you use this
system whatever your operative status.]
The CRB's purpose is to protect children
and other vulnerable people. So they have to be confident that their
searches of police records identify all convictions and other matters
relating to individuals, in whatever name or gender. In order to be able to
conduct a proper search, they therefore need to be aware of all previous
names used and about any gender reassignment.
To date, this has required applicants for
Disclosures to give a variety of personal details to the CRB on an
application form which is later countersigned by a registered person,
usually the prospective employer. This is where the previous name and gender
details have come to light. Secondly, the previous name and gender details
have also appeared on Disclosures, copies of which are sent to registered
bodies. This has been the case even when, as in the majority of cases, no
convictions or other relevant matters have been revealed.
The CRB's position has been that whilst the
requirement to reveal previous identity details may have been in conflict
with Article 8 of the ECHR, the right to a private and family life is not
absolute. It was necessary to balance the rights of those wishing to conceal
details of their previous identities against the rights of those vulnerable
members of society who have a right to expect protection by the service
offered by the CRB. The judgement was that, in these circumstances, the
rights of vulnerable people outweighed those of those seeking to conceal
personal details.
They have revisited the issue in the light
of the Goodwin and "I" cases.
It remains essential for the CRB to be
aware of all details of any previous name and gender of those applying for
Disclosures. Nevertheless, they have devised a process which will allow
individuals to pass those details on to the CRB, without first revealing the
details to the registered body. Furthermore, in the majority of cases, the
previous identity will not appear on the Disclosure, nor will it be made
available to registered bodies in any other way. Below is a copy of a page
from a blank Disclosure application form. You will see that Section C,
headed Additional Personal Details, asks applicants to reveal details of
previous names. When completed, these are the details that appear at the top
of a Disclosure, alongside the other personal details of the applicant. This
is irrespective of whether any convictions are revealed. The names in which
convictions are recorded are an integral part of the criminal record and
repeated elsewhere on the Disclosure, next to the details of the conviction.
Where the record shows the subject of the conviction is not the same gender
as the applicant for the Disclosure, that fact also appears on the
Disclosure.
I am a transsexual person, do I have to reveal details
of my previous gender?
The
CRB
has a Confidential Checking Process for Transgender Applicants who do not
wish to reveal details of their previous identity to the person who asked
them to complete an application form for a CRB Disclosure.
For further information please contact the CRB Customer
Services Team on 0151 676 1452,
or you can email
CRBSensitive@crb.gsi.gov.uk
The revised process will work in the
following way:
- Post-operative transsexuals are
invited to leave those parts of Section C blank where revealing
details would indicate that they had previously lived under another
identity in another gender. The parts of Section C most likely to be
left blank are lines 25 to 27 inclusive. It should still be possible,
however, to complete other details in Section C.
- The applicant then submits the
application form to the registered body in the normal way for
countersignature and transmission to the CRB.3. At the same time as
stage 2, the applicant writes to a secure mailbox at the CRB (paper or
email equivalent) using a pro-forma letter. An example is attached and
copies are available from CRB. A special contact address is below. A
hand-written alternative is acceptable. The letter gives details of
previous name and gender along with certain other details which will
help to link the letter with a Disclosure application. The applicant
will be asked to send documentary evidence of their previous identity
with the letter (which should include Date of Birth).
- It will be very important for the
applicant to send the letter to the separate CRB address intended for
these letters and not to use the normal CRB application address. The
applicant should also take care to post the letter at the same time
the application form is passed to the counter-signatory. It is
recommended that 1st class post is used.
- The CRB will link the application to
the letter and conduct searches of criminal and other records using
all names submitted. A Disclosure will then be printed in the name
given on the application form only. Details contained in the letter
only will not be reproduced or stored on the CRB computer system for
future enquiry. This is expected to apply to well over 90% of
customers making use of the new procedure.
- Where a conviction is recorded in any
name, details of that conviction will be revealed on the Disclosure.
The details will be date of conviction (or caution), court (or police
station), details of offence, sentence and name in which the
conviction record is held. These are integral parts of the criminal
record as supplied to the CRB by the Police National Computer. If the
conviction record refers to a gender other than that in which the
applicant has made the Disclosure application, the previous gender
will also be revealed. This is the only circumstance in which previous
identity, not included on an application form, will be released. Each
CRB applicant has to pass an identity check before their application
can proceed. This involves showing certain documents to the registered
body, details of which are recorded on the application form. Clearly,
transsexual applicants will not wish to show certain documents, for
example birth certificates. They may, therefore, find it more
difficult to successfully pass the identity checking process. However,
a wide variety of documents may be presented and we do not expect
there to be difficulties in this area.
- All of those with no previous criminal
record will benefit from the new process, along with many of those who
have convictions in their pasts. Only those who have conviction
records in their previous identity and gender will find those details
reproduced on Disclosures.
The new process has been effective since the 28th October 2002 in the
United Kingdom. Customers contacting CRB who are concerned about
issues affecting transsexual people will be referred to the small team
handling this type of application and they will pass on details of the
new procedure.
This process marks a significant step forward which will protect the
previous identities of nearly all post-operative transsexuals using
the CRB's service.
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Citation:
http://www.crb.gov.uk/