Things to Know - Insurance
Insurance is an important issue which protects both the organisation and volunteers. Volunteers should be covered under an employer's liability insurance and an organisation's public liability insurance. Depending on the type of role the organisation may also need professional indemnity insurance. Policies should explicitly mention volunteers and insurance companies should be aware of the roles and tasks volunteers are undertaking.
Employers' liability insurance is compulsory by law for employers and must cover all staff, permanent and temporary, paid and unpaid. Trustees should regard volunteers as being employees for insurance purposes and to ensure that they are appropriately covered (Charity Commission, 2003 and see also Health and Safety Executive, 1999).
Other policies such as motor insurance, equipment insurance and medical malpractice are held by some organisations depending on the nature of their work.
Expenses
Out of pocket expenses are vital to engage volunteers and ensures that your organisation attracts a diverse team of volunteers. Reimbursing volunteers' expenses is crucial in making volunteering accessible to all. However, it is equally important that volunteers are paid out-of-pocket expenses only. Paying a flat rate amount could lead your organisation to create a contract of employment with the volunteer and has implications for volunteers claiming benefits.
Health & Safety
Organisations have a legal obligation towards the health and safety of volunteers. This means taking reasonable steps to reduce the probability and seriousness of injury to volunteers, by giving them proper training and use of safety clothing, supervision etc. For more information see the Health & Safety Executive's website at www.hse.gov.uk
Health and Safety Policy
Organisations with five or more employees must have a written health and safety policy, setting out the organisation's commitment and clarifying procedures. Smaller organisations should also strongly consider writing such a policy as a matter of good practice. Volunteers should be included in the policy and have access to it.
Fire Risk Assessment
All public and community buildings are obliged under various pieces of legislation to specify minimum levels of standards so that the risk of fire is reduced. You can download more information from www.communities.gov.uk/fire/firesafety/firesafetylaw
Data Protection & Confidentiality
There are different implications for volunteers working with different client groups. For more information about data protection see www.ico.gov.uk. If applicable, a confidentiality policy should also be in place.
Any community group or voluntary organisation which holds personal details on computer, or on paper must register under the Data Protection Act by notifying them unless they are exempt. Data should not be kept longer than for the purpose for which it was recorded. The Criminal Records Bureau states that disclosures should not be kept for longer than six months.
Rehabilitation of Offenders Act 1974
In summary, the Rehabilitation of Offenders Act (ROA) 1974 applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since.
Anyone who has been convicted of a criminal offence where the sentence was under 2.5 years in prison, benefits from the Act, so long as he or she is not convicted again during the 'rehabilitation period'. Their conviction then becomes 'spent'. It is the sentence imposed by the courts that counts, even if it is a suspended sentence, not the time actually spent in prison.
Once a conviction is 'spent', the convicted person does not have to reveal it or admit its existence in most circumstances. However, there are two main exceptions which relate to people working with children or vulnerable adults. In these cases someone applying for a voluntary role is required to reveal all convictions, both spent and unspent. For further information, see the Guidance issued by the Ministry of Justice - www.justice.gov.uk/guidance/docs/rehabilitation-offenders.pdf.
What is a Criminal Records Bureau check?
A CRB check is a process for gathering information about an applicant's criminal history. This includes details of spent and unspent convictions and other cautions, reprimands and final warnings given by the Police. The results can help an organisation to make an informed decision on whether or not a person is suitable for the role they have applied for. The results of a check are printed on a document known as a "Disclosure". Two copies are produced: one is posted to the individual and one to the organisation that they have applied to volunteer for. Enhanced Checks are used for people wanting to do paid work or volunteering with children or vulnerable adults in 'regulated activity' - see appendix 2 for more information.
Explaining CRB checks to your volunteers
If potential volunteers are applying for a role in 'regulated activity' (or a role that meets other requirements for a CRB check - see appendix 2), then they should be informed at an early stage if they will need to apply for a CRB check. Ideally this should be explained in the organisation's recruitment materials, such as the volunteer application form or role description. When their volunteer application is processed, you should explain the reasons for the check and reassure them that such checks are a standard procedure when working regularly with vulnerable people. You should also reassure them that all information will be treated with the strictest confidence and provide information on how the process will work.
It's important to explain that having a conviction does not mean that a person is unsuitable for the role they have applied for. The majority of convictions would have no bearing on someone's suitability for volunteering.
However, ex-offenders often face discrimination and might be wary about discussing their convictions with you. Anything you can do to reassure them that your organisation is fair will encourage them to be open. According to crime prevention charity NACRO, almost a quarter of men and women have a criminal record, often for minor offences committed in their youth. If your organisation discriminates against ex-offenders, you could be losing out on a valuable source of potential volunteers.
When drafting your recruitment materials, you can consider inserting a phrase such as "We undertake checks with the Criminal Records Bureau for all our volunteers who work with children or vulnerable adults. Having a criminal record will not be an automatic barrier to volunteering with us, as only relevant convictions will be taken into account. We can provide a copy of our policy on recruiting ex-offenders upon request."
If you use CRB checks - this is your Code of Practice: It is a requirement of the CRB's Code of Practice that all Registered Bodies must treat CRB applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. It also obliges Registered Bodies to have a written policy on the recruitment of ex-offenders; a copy of which can be given to Disclosure applicants at the outset of the recruitment process.
Organisations must comply with the CRB's Code of Practice in the following ways:
- Have a policy on the recruitment of ex-offenders
- Show that your confidentiality policy is clear about who will need to know sensitive information
- Have clear guidelines on what information from CRB checks will be retained, how it will be stored, and when it will be destroyed.
This is to ensure that all individuals are protected from unfair discrimination on the basis of past convictions which are not directly relevant to their volunteering. We suggest that you periodically check the CRB's online guidance for further updates.
What other steps can you take to?
Safer recruitment does not start and finish with applying for a Criminal Records Bureau Disclosure. Remember that a Disclosure will only provide you with information that is known to the police or other authorities. Relying on Disclosures may also lead you to discriminate against people who would be suitable to work with your clients or volunteers even if they have previous convictions. Instead groups and organisations need to look thoroughly at their working and volunteer involvement practices, to create a safer environment for all.
Recruitment
When working with vulnerable clients or volunteers, it is important to have a thorough recruitment procedure in place for everyone who applies to work with you. Face to face interviews and the taking up of references help give a feel for the prospective volunteer. An introductory period can be useful for the same reason. It also allows volunteers to gain a taste of the role, and an opportunity to leave without embarrassment if they do not enjoy it or are suited to it.
Day to day practice
More protection comes through day to day good practice. Avoiding one to one contact between volunteers and vulnerable clients obviously reduces risk. Adequate supervision meetings are also important. As with any form of volunteering, small problems can become large ones if they aren't noticed and addressed early on. People in supervisory positions should be properly trained to ensure they can recognise when there is a problem. Channels for clients, members of staff or volunteer to raise concerns should be clear, transparent and easy to access. There should also be very clear guidelines on dealing with allegations of abuse.
Culture and attitudes
While it may seem contrary to the intention of your policies and practices, try to develop an "it could happen here" attitude. That will help to ensure that any suspicions or uncertainties are addressed quickly and confidently. Your aim should be to create a culture in which everyone involved with the organisation knows that protection of your vulnerable clients or volunteers is taken seriously, and that you have taken clear steps to ensure that you are doing as much as you can to prevent abuse of trust.
Additional screening methods
An organisation should not assume that checking a person's criminal record alone is enough to ensure a person's suitability for the role. It is vital to use other screening procedures during the recruitment process, such as application forms, informal interviews and references. You can also use training, supervision and buddying schemes to monitor and lower the risks on an ongoing basis. There should also be a procedure for anyone to raise concerns about an individual at any time, and this should be made known to staff, volunteers, service users and others that may come into contact with the organisation.
