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.
The revised process will work in the
following way:
To:
Private and Confidential
Clare Blackburn
Freepost NWW5699A
PO Box 165
Liverpool
L3 IZY
(insert date)
Application reference number (if
known):........................
Please find enclosed supplementary personal
details relating to a Disclosure application made by me (insert date).
I am supplying these details direct to the CRB and declare that I have not
previously made them known to the person who has countersigned the
application.
Personal Details
Name in which Disclosure application made:
Current address:
Date of Birth:
Contact telephone number (should we need to
speak to you, in confidence, about your application):
Gender:
i) (now):
ii) (at date of birth if different):
Previous names (not already notified to counter signatory):
** Surname
** Forename
Dates between which previous name/gender
used:
Documentary evidence of previous
name/gender enclosed**:
* Birth certificate
* Passport
* Driving licence
* Other
** one of these documents should be
enclosed if possible. If none is available, please contact the CRB to
discuss what other evidence may be presented. The documents will be returned
to you.
Name of registered body:
Name of counter signatory:
Date Disclosure application:
* signed
* countersigned (if known)
Signed:...........................
Instructions to be sent with this letter:
1. the letter is designed for use by
applicants who wish to conceal certain details of a previous identity from a
registered body for reasons of privacy. It should only be used with the
prior knowledge and approval of (named contact) at the CRB.
2. Please provide full answers and
documentary evidence of previous identity,
3. Please refer any enquiries only to named
contact in security section,
4. Send this additional information no
later than the date that the application is countersigned by the RB. Fax it
if necessary and send documents later, with a copy of the letter.
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Citation:
http://www.crb.gov.uk/
