Frequently Asked Questions
1. My employer has asked me to provide a Police Check/Certificate for work purposes. How do I make a request?
2. My housing association has asked me to provide a Police Check/Certificate for housing purposes. How do I make a request?
3. What is a Criminal Records Bureau (CRB) check and how do I get one?
4. How can I get a "Police clearance certificate" / "Certificate of good conduct" for visa or emigration?
5. What is "Subject Access"?
6. What is the difference between Subject Access and a CRB disclosure?
7. How do I apply for Subject Access?
8. How much does a Subject Access application cost?
9. How long will my Subject Access application take to process?
10. Is it possible to speed up Subject Access applications?
11. How can I prove my identity for a Subject Access application?
12. Can I send you photocopies of my identity documents for my Subject Access application?
13. Can I have my Subject Access reply posted to an alternative address, other than my home address?
14. How is my Subject Access form processed?
15. Is Subject Access the same as 'police' vetting?
16. Can I use Subject Access to get hold of someone else's record?
17. I have just received my personal information back and it is incorrect, what shall I do?
18. How do I get convictions removed from the Police National Computer?
19. Who can I contact for further information about Subject Access?
20. How do I request information for the support of a civil proceedings?
21. Where can I obtain further information about my rights under the Data Protection Act?
1. My employer has asked me to provide a Police Check/Certificate for work purposes. How do I make a request?
Lancashire Constabulary does not provide PNC disclosures for employment vetting services. If you require a disclosure for employment purposes, please contact Disclosure Scotland on: 0870 609 6006 or via their website http://www.disclosurescotland.co.uk/ The current procedure whereby companies require individuals to exercise their rights under Subject Access provisions at section 7 of the Data Protection Act 1998, as a form of vetting, has been considered to be unlawful for many years and is against the spirit of the legislation. When Section 56 of the Act is implemented, it will become a criminal offence for the employer to ask individuals, as a condition of employment, to go through this process.
If you are going to work as a paid employee or as a volunteer for an organisation and your work will bring you into contact with children or vulnerable adults and have been asked to apply for CRB check you must access the CRB website http://www.crb.homeoffice.gov.uk/ and follow their procedure (details at Question 3)
2. My housing association has asked me to provide a Police Check/Certificate for housing purposes. How do I make a request?
Lancashire Constabulary does not provide PNC disclosures for housing vetting services. If you require a disclosure for the purposes of a housing application you may make a Subject Access application, but this will not take into account the Rehabilitation of Offenders Act http://www.justice.gov.uk/guidance/docs/rehabilitation-offenders.pdf It may be more appropriate to seek a Basic Disclosure from Disclosure Scotland who can be contacted on: 0870 609 6006 or via their website http://www.disclosurescotland.co.uk/
3. What is a Criminal Records Bureau (CRB) check and how do I get one?
The current legislation does not allow the self-employed or individuals to apply for a CRB check on themselves. In addition, parents who employ a nanny/au pair/baby sitter directly cannot apply for a CRB check; however, if an agency supplies the nanny/au pair/baby sitter, the agency is entitled to carry out a CRB check.
The Criminal Records Bureau (CRB) is an executive agency of the Home Office. By providing wider access to criminal record information, the CRB helps employers in the public, private and voluntary sectors identify candidates who may be unsuitable for certain work, especially that involving contact with children or other vulnerable members of society.
The CRB helps protect the public through its Disclosure service. For further information on this service, visit the CRB website http://www.crb.homeoffice.gov.uk/ or telephone the CRB Information Line on 0870 9090811.
The MPS is not responsible for the processing of CRB applications, contact CRB direct for further information on these types of applications.
4. How can I get a "Police clearance certificate" / "Certificate of good conduct" for visa or emigration?
The UK police do not issue "certificates of good conduct" or "police clearance certificates", however in our experience foreign embassies will generally accept a police reply under the Subject Access provisions of the Data Protection Act 1998 as a suitable equivalent.
However, individuals requiring Police Certificates for the purposes of applications for emigration, visas or residency in Australia, Canada, New Zealand, South Africa, Bahamas, Belgium, Chile and the United States of America should download the application form for an Association of Chief Police Officers (ACPO) Police Certificate from the ACPO website.
Please note that this Certificate is processed entirely by the ACPO Criminal Records Office (ACRO). All submissions and enquiries relating to this process should be directed to ACRO, who can be contacted through the following routes:
- Telephone: 0845 6013999 (during their office opening hours of 8:30 - 16:30, Monday to Friday
- E-mail: acro.policecertificates@acro.pnn.police.uk
- Address: ACRO, PO Box 481, Fareham, PO14 9FS
Please do not return this application form to Lancashire Constabulary
5 . What is "Subject Access"?
The Data Protection Act 1998 gives you the right to ask in writing whether there is any personal data that Lancashire Constabulary holds or has processed about you. This is the right of Subject Access. Personal information/data relates to yourself only. Subject Access does not provide a right to access information about other people.
If personal data is held about you, you can be given a copy of the personal data held and the reasons for this. Please note that certain exemptions may apply that could prevent us disclosing the information to you. Some of these reasons could include, for example:
- The prevention and detection of crime;
- The apprehension and prosecution of offenders;
- The interests of national security
Should you wish to know what information (if any) Lancashire Constabulary holds about you, you must complete a Subject Access form.
A fee is payable and proof of identification must accompany a completed application form.
6. What is the difference between Subject Access and a CRB Disclosure?
As highlighted above, a CRB check about yourself can only be requested by another organisation eg: a prospective employer, where the role will involve working with children or vulnerable adults. Relevant information will be disclosed by the police to the CRB.
Subject Access is your right and you alone can make a request for information held about yourself. A solicitor may forward your request but you will need to complete the application. Subject Access provides you with a general right to access all information held about yourself, unless an exemption contained within the Data Protection Act applies.
7. How do I apply for Subject Access?
The form and guidance can be downloaded here in Adobe Acrobat format or requested via:
Post: Information Compliance and Disclosure Section, Police Headquarters, Saunders Lane Hutton, Preston, Lancashire, PR4 5SB
Telephone: 01772 412734
Email: data.protection@lancashire.pnn.police.uk
8. How much does a Subject Access application Cost?
The cost is £10.00 sterling
We accept:
- Cheques
- International Bankers draft
- British postal orders
At present we are unable to accept online payments or payments by credit card.
Overseas cheques must have a United Kingdom bank clearing facility.
On payment, a receipt will be issued to you.
9. How long will my Subject Access application take to process?
By law your Subject Access application must be processed and posted to you within a maximum of 40 days.
The date when you should receive your reply by will be stated on your receipt letter.
10. Is it possible to speed up Subject Access applications?
Under the Data Protection Act 1998 your application will take up to 40 days to process from the date recorded on your receipt.
In the case of information held about you on the Police National Computer (PNC), your application will be passed to ACPO Criminal Records Office (ACRO), who will access the PNC and post the reply to you. Due to the volume of applications that they receive, the ACPO Criminal Records Office cannot expedite or prioritise any applications.
Please note that if 40 deadline stated on your receipt has not passed we are unable to help you.
11. How can I prove my identity for a Subject Access application?
To help establish your identity your application must be accompanied by copies of two different official documents which between them provide sufficient information to prove your name, date of birth, current address and signature.
For example: a combination of driving licence, medical card, birth/adoption certificate, or passport
12. Can I send you photocopies of my identity documents for my Subject Access application?
Yes, but we reserve the right to request original documentation in some cases. All original documents will be returned by recorded delivery post.
13. Can I have my Subject Access reply posted to an alternative address, other than my home address?
This can be arranged and stated on the application form providing you enclose a letter of authority signed by yourself, detailing where you want the reply sent and including relevant dates, if appropriate.
14. How is my Subject Access application processed?
Once a completed Subject Access form has been received it will be checked. If you have submitted original identification documents, these will be returned to you. Photocopies of identification documents will not be returned. You will also receive a receipt for the fee paid.
If your request is for a Police National Computer check the application will then be passed to the ACPO Criminal Records Office, who will post a response to you.
If your request is for information that may be held about you on other Lancashire Constabulary Systems or within manual records, Lancashire Constabulary Information Compliance and Disclosure Section will then process your application - carrying out the appropriate checks and will post the response to you.
In all cases this will take up to 40 days from the date recorded on your receipt, as required under the Data Protection Act, 1998.
Please note that if 40 deadline stated on your receipt has not passed we are unable to help you.
15. Is Subject Access the same as 'police' vetting?
No. Subject Access, which is a right to request access to information held about you may only provide a copy of some of the information about you held by the police, as exemptions can apply.
Vetting for employment with the police service will normally entail access to all information held by the police on an individual and may include consideration of information about associates.
16. Can I use Subject Access to get hold of someone else's record?
No. The Subject Access process is confidential between the individual and the police. We cannot provide you with the details of another person.
17. I have just received my personal information back and it is incorrect, what shall I do?
If your complaint is as a result of a Subject Access request from the ACPO Criminal Records Office and is regarding a misspelling of your name or address then you need to contact ACRO. Your request must be in writing and sent to ACRO (SAO), PO Box 623, Fareham, PO14 9HR or you can call them on 0845 60 13 999.
If your complaint is regarding a specific offence or a disclosure from local systems (i.e. I didn't commit that offence, the wording is wrong etc) please write to Data Protection and Information Manager, Lancashire Constabulary, Saunders Lane, Hutton, Preston, PR4 5SB or email Data.protection@lancashire.pnn.police.uk enclosing a copy of your disclosure and proof of identification.
18. How do I get convictions removed from the Police National Computer?
Following the adjudication in The Five Chief Constables case, heard by the Court of Appeal in 2009, nationally the Police Service moved from a position of 'weeding' historical records, where the individual concerned had not re-offended after a given period of time, to one of retention. Records of arrest may be retained on PNC as they are a factual record, even if the arrest did not lead to further action. Chief Police Officers do have some discretion in some very exceptional circumstances to remove records.
Please address your request in writing to:
Post: Information Compliance and Disclosure Section, Police Headquarters, Saunders Lane, Hutton, Preston, Lancashire, PR4 5SB
Email: ExceptionalCases@lancashire.pnn.police.uk
19. Who can I contact for further information about Subject Access?
If you have any further queries about your application please ring the following telephone number.
In the UK: 01772 413329 (Monday to Friday, between the hours of 9am and 5pm)
Overseas: +441772 413329
20. How do I request information for the support of a civil proceeding?
It is unlikely the Subject Access will be an appropriate way to obtain information for individuals considering, or taking, legal action against an individual or organisation. The Subject Access provisions will provide information that will be redacted to ensure no third party information, or information not deemed to be that of the applicant remains, it may also see information refused via the exemptions in the Act.
In such circumstances the normal legal channels of discovery are generally more appropriate. Under Section 35 of the Data Protection Act 1998 an individual can request information through the order of a court (Court Order).
If you are legally represented your solicitor can apply for disclosure under Section 35 of the Data Protection Act 1998.
Solicitors should email section35@lancashire.pnn.police.uk for a copy of the form.
21. Where can I obtain further information about my rights under the Data Protection Act?
