1.            There is some confusion due to there being more than one regime to consider:

Regime 1 – CQC’s Registration requirements

Enhanced CRB checks fpr the following persons involved as providers:

a.                  individuals

b.                 each partner

c.                  nominated individuals

d.                 registered managers

All Enhanced CRB checks muct be countersigned as follows:

For a. – c., Enhanced CRB check may be countersigned by a PCT with whom there is a current GDS Contract/PDS Agreement.  The date of countersignature is not important.

For d., and those who do not have such countersigned checks, these to be countersigned by an authorised Post Office (see list on CQC site)

Regime 2 – Carrying out Regulated Activity (RA) under the Safeguarding Vulnerable Groups Act 2006. 

A Regulated Activity (in the context of general dentistry/orthodontistry) may be carried out if:

a.                  any form of treatment or therapy is provided for a child/vulnerable adult – a vulnerable adult includes a patient.  This means that dental/orthodontic treatment for a patient.
AND

b.                 The RA is carried out frequently or intensively or over night.  In healthcare, frequently means more than once per month and intensively means 3 or more occassions in any period of 30 days.

Many dental practices will therefore not be involved in RA because they will not fulfil the frequency/intensivity requirement.

BUT – there appears to be some confusion, because some Government bodies – including the CQC – have interpretted the phrase “any form of treatment or therapy for a child/vulnerable adult” as referring – in the plural – to children/vulnerable adults.

We consider that this is an incorrect interpretation, especially because the SVGA 2006 DOES refer to “children” etc in the plural in defining some Regulated Authority, “teaching, training or instruction of children”.

It is noticable that “treatment/therapy” refers to child/vulnerable adult in the singular.

BUT – even though we think the  CQC have got it wrong, our advice is that even if you think your practice will not be involved in RAs, you should still obtain enhanced CRBs for appropriate staff to avoid clashing with the CQC and in order to play it safe.

2.                 Possible Changes

The Government have admitted the CRB system is in a mess, and it and the ISA Vetting and Barring Scheme, already on hold, are due for review in the new year.

MEANTIME, the pre Vetting & Barring Scheme regime (Regime 2 above) continues and we have checked this position with the ISA.

It continues to constitute offences for barred individuals to work in, and for employees to employ barred individuals in RAs.

3.                 Some Practicalities

a.                 We do know of some cases where staff have indicated their unwillingness to undergo a CRB.

BEWARE – if your practice does not involve RAs and/or your employment contracts do not make an enhanced CRB check a condition of employment and/or the staff position (e.g. cleaner, lab technician) does not involve “treatment/therapy”, then to try to force the issue, or take disciplinary proceedings, or even dismiss, could land you with an Employment Tribunal claim – take legal advice!

b.                 Make enhanced CRB checks a condition for all new employees, or consider (with individual staff consent – again, take legal advice) updating staff contracts to include such a requirement.  Also consider equivalent steps with associate/hygienist/therapist’s contracts.

For further details contact Tim Lee on 0121 633 3233 or via e-mail:

timlee@younglee.co.uk