THE NHS has been accused of breaking the law — over criminal checks.
Personnel Today (Jan 24) reports that NHS bosses are in hot water for ordering background checks on all new staff.
The magazine points out that Criminal Records Bureau checks are supposed to be made only on people who have access to patients in the course of their normal duties. Those who work in support roles, such as administration or maintenance, need only be subject to less stringent checks.
Under the Rehabilitation of Offenders Act, certain criminal convictions can be regarded as “spent” after a given period of time. Ex-offenders are not then required to mention their conviction when applying for a job.
The NHS is also at risk of breaching the Data Protection Act, a senior lawyer told Personnel Today, as criminal convictions are regarded as “sensitive personal data”. The cost of checking all its employees means that trusts are running up avoidable bills, too. Each check costs the NHS either £29 or £34, depending on the level of disclosure required.
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Gordon Fleck, of NHS Employers, says: “The message that we are getting from employers is that this is an issue we need to address. It is paramount to check staff thoroughly, but within the terms of current legislation.”
His organisation, which represents health service chiefs, is calling for a change in the law to facilitate checks on all new staff.
Nursing Standard (Jan 25), meanwhile, reports that NHS Employers is concerned that proposed tighter vetting procedures for healthcare staff will mean less of a say for bosses over whom they employ.
“The changes will mean that, in some cases, the decision on the suitability of staff will be taken out of the hands of employers,” a spokesman says.