Equality and Human Rights Commission

Special process for CRB applications from trans people

Criminal Record Bureau (CRB) applications need not be a problem for trans people because there is a special process which they can follow in order to sidestep the problems they would otherwise face in complying with the requirement to make truthful statements.

It should be stressed that this process does not weaken the effectiveness of the process in any way.

The detailed steps are explained on the Criminal Records Bureau web site.

Applicants may telephone the CRB on 0151 676 1452 to discuss this matter in confidence or email CRBSensitive@crb.gsi.gov.uk.

How it works

Briefly, the process operates as follows:

• Trans applicants for a CRB disclosure should first contact the bureau as above, to clarify anything they are not sure about and ensure that the CRB know they will be using the special provisions.
• They should then complete the form presented by their employer in the normal way, except that they need not complete details (or supply forms of evidence) that would expose their gender history to their employer.
• If they wish to leave out details that could ‘out’ them then they should photocopy the form, ensuring they have a clear record of the application serial number.
• The applicant should then immediately contact the CRB as above and notify them of the application number. Note that only the above contact details should be used, not the main CRB call centre number.
• The special security section of the CRB in Liverpool then have the means to intercept the application submitted by the employer. They will ask the applicant to supply the information needed to replace that which was omitted. This is then matched up so that a rigorous criminal records check can be carried out in the same way as for any other applicant.
• Disclosures sent to the employee and their employer will not reveal the applicant’s former identity unless they have an offence or caution that has been recorded in that name in police records. In this case there is no way of avoiding the disclosure of that former identity to the employer. However the organisation’s policy for dealing with CRB applications and data should instruct staff how to deal with this eventuality in a responsible manner if it occurs. This should include reassurances that will need to be given to the applicant / member of staff in the event that the offence itself is not serious enough to preclude employment.