• Is there a minimum age for volunteers? What does the law say about children volunteering?

There is no general legal restriction on volunteering by children in not-for-profit organisations. However, some local authorities have by-laws restricting the number of hours children can work. The Children and Young Person's Act, which applies to profit-making organisations only, limits children aged 14 and over to a maximum of two hours work on Sunday or a school day. These hours must be between 7am and 7pm and must not be in school hours. Don't forget that children need enough time to do homework and a social life. Discuss this issue with thye volunteer, and between you work out a reasonable level of commitment.As with all applicants, young people should be judged on their merits. Minimum and maximum age limits for volunteers are extremely arbitrary and the fact that someone is willing to do the work is more important than a date on a birth certificate. You should also check that your insurance policies cover volunteers as young as 14 - some have a minimum age of 16 or 18.

For more detailed information, please see the 'A Guide to involving young people in Voluntary Activity', available as a free download in resources in the 'Information and Support for Volunteer Managers' section of this site.

• Should our organisation be reimbursing care costs to volunteers?

You are not legally obligated to reimburse someone's care costs. However, if you choose not to then you may well be excluding parents on low incomes with pre-school children, and carers from volunteering with you. Although it may be seen as expensive to reimburse volunteers care costs, it is good practice, and it means that you are enabling the huge numbers of carers in the community to offer their skills and time to you. Under all definitions of 'reasonable out-of-pocket expenses' care costs are included. It's fine to reimburse receipted care costs and this will have no minimum wage implications and no effect on volunteers benefits.

• Is there an accepted definition of the word volunteer?

There is no legal definition of what a 'volunteer' is, as the word is used by different people in different sectors to mean different things. For example, government schemes where people have to work for charities in return for benefits are sometimes described as 'voluntary', but many people would argue that since people taking part have to do the work, they are not volunteers. There is also this definition from the 1997 National Survey of Volunteering: 'any activity which involves spending time, unpaid, doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives, or to benefit the environment'.

• Who should we accept as a referee for a volunteer?

References are a useful selection tool when recruiting volunteers. They can identify strengths and weaknesses and could alert you to any serious problems. Usually references are required from someone's current or last employer, but often people have not worked for some time. You could ask a GP, Teacher, Tutor, Probation Officer, etc; or anyone else who has an official relationship with the volunteer. Organisations also often ask a volunteers friend or relative for a reference. Some people have great difficulty in providing a reference, e.g. an asylum seeker who has not been in the country for very long, so you may want to consider the risks of not using references. You may also want to consider how long you require a referee to have known the volunteer (some organisations state 12-18 months).

• Can refugees and asylum seekers volunteer for us?

Since April 2000, asylum seekers (people in the process of applying for refugee status) have been allowed to volunteer. This includes whilst they are appealing against a decision to refuse asylum. They may receive a letter saying that they must not engage in paid or unpaid work, but this does not relate to roles that are clearly voluntary. New Home Office guidance states that care should be taken to ensure that activity undertaken by an asylum seeker is for a not-for-profit organisation, and does not amount to either employment or job substitution. It confirms that asylum seekers are entitled to receive out of pocket expenses just like other volunteers. If the volunteer position that you are recruiting for requires that the volunteer has a CRB check, dependant on which country the volunteers has come from you may have difficulties. For more information on CRB checks of asylum seekers have a look at the Criminal Records Bureau Disclosure website

• How can our organisation register with the Criminal Records Bureau, will it cost anything for us to check our volunteers, and what type of checks can we access?

You can register with the CRB at a cost of £300 per year by telephoning the CRB information line on 0870 9090811, or visit the Criminal Records Unit website for more information. However, the Welsh Assembly Government is funding a Criminal Records Unit for the voluntary Sector in Wales, managed by the Wales Council for Voluntary Action (WCVA). Voluntary organisations can register with the CRU FREE of charge. Checks for volunteers will be free, and checks for paid staff will be charged at the following rate: Standard Disclosure - £28, Enhanced Disclosure - £33. In the future a 'Basic' level disclosure will also be available, but there is currently only a 'Standard' and 'Enhanced' level. The CRU will advise you on which level of disclosure you will need for your volunteers and staff. To contact the WCVA Criminal Records Unit, phone: 0870 241 6557.

• Should we use the same grievance and disciplinary policy for both paid staff and volunteers?

Working with volunteers is different from working with paid staff, and some policies and proceedures should recognise this. You may wish to make the policy simpler and clearer for volunteers. Making a clear distinction between paid staff and volunteers in your organisation in this way also protects the legal status of volunteers, and ensures they are not classed as employees. Having separate policies demonstrates that volunteers have different needs to paid staff but do have an equal status.

• What steps can we take to safeguard our vulnerable clients?

CRB checks will only give you information about a volunteer's previous convictions, and if an enhanced check is needed, information about whether that person has been banned from working with children and vulnerable adults. There are steps you can take to vet and select your volunteers. A comprehensive selection process could include face-to-face interviews and references. Some projects also assess volunteers' suitability for particular roles during preparation courses.

Preparation courses are also important to ensure volunteers are aware of their roles and boundaries. Ongoing supervision and support is vital in terms of monitoring the work of a volunteer and to ensure the safety of both the service user and volunteer. There should always be very clear guidelines on dealing with concerns and allegations of abuse.

• Do we need a volunteer policy?

Organisations who involve volunteers in a formal manner would benefit from having a volunteer policy. A policy ensures consistency and demonstrates a commitment to good practice. It helps to clarify why volunteers are being used within an organisation and how they will work alongside paid staff. It will also set out how volunteers should expect to be treated.

• How do we draw up a volunteer policy?

Some organsisations have only one large policy that covers everything; most will have shorter separate volunteer policies that refer to particular issues, such as equal opportunities, health and safety, etc.

Whichever way you decide to design your policy, it should include the following: 1) Recruitment and Selection - How will you recruit volunteers? What are the selection proceedures? 2) Induction and Training - How much training are volunteers required to attend? 3) Expenses - How will volunteer expenses be reimbursed? What are the milegae allowances? 4) Support and Supervision - What level of support and supervision will volunteers receive? 5) Equal Opportunities - Are volunteers covered by your equal opportunities policy? 6) Complaints / Grievances - How will complaints and greivances be dealt with? What are the proceedures?

• Should we pay our volunteers expenses?

It is good practice to reimburse volunteers their expenses - after all, they're giving up their precious time and skills for nothing, and so shouldn't end up out of pocket! We also need to ensure that everyone can volunteer, regardless of their income, and must ensure that those volunteers on low incomes can still contribute. Most volunteers get their expenses reimbursed, so it could become difficult to recruit new volunteers if they know thet will end up out of pocket.

• What is the best way to reimburse expenses?

Many organisations prefer to reimburse expenses weekly or monthly rather than on a daily basis, however it is important that you don't create any barriers for those volunteers on a low income. Some volunteers can only give their time if they are reimbursed regularly or even have payment in advance.

Organisations can reimburse expenses by cheque, but again it is important to have the facility to reimburse in cash for those volunteers who don't have a bank account or do not wish to pay cheques to the bank for whatever reason.

Some projects will issue guidelines on reimbursing expenses, which is a good idea to avoid any confusion - all parties will be clear about the proceedures.

It is not good practice to pay volunteers a flat rate payment e.g. £5 for every visit / activity they do. Some volunteers have proved in the legal system that they were actually employees and not volunteers due to the payment they received. Volunteers need to provide a receipt where possible, as organisations need to demonstrate the real expenditure incurred by volunteers.

• Should we inform the Benefits Advisers when an individual in receipt of benefits starts volunteering?

Individuals in receipt of benefits are asked to inform their advisers if they take up voluntary work. It is good practice to let them know this is the case, but it is entirely up to them whether they tell them or not. Because of negative attitudes and lack of information, many people feel more comfortable keeping their volunteering a secret. As an organisation you have no duty to inform the benefits office that a person is volunteering with you, so you should leave it to the individual to decide.

• One of our volunteers is having problems with the benefits office because of their volunteering; what can we do?

It is a good idea to have a standard letter that volunteers can give to the benefits office to explain their volunteering. This letter should include what type of voluntary work is being undertaken, an explanation that only expenses incurred will be reimbursed and the level of reimbursement. For Job Seekers Allowance it is important to state that the volunteering is flexible, and the volunteer could attend job interviews / start work straight away.

It might be useful for the volunteer to produce a volunteer expenses reimbursement form so that the benefits office can see the actual reimbursement that the volunteer receives.

• Do I need to provide motor insurance for my volunteer drivers?

If your organisation is providing volunteers with vehicles then you should organise the appropriate insurance cover.

Volunteers using their own vehicles should inform their insurance company of this. It is useful to have a standard letter describing the nature of the voluntary work and explaining the reimbursement of expenses, which can be sent to the insurance company. The company can then return the form to your organisation to confirm that they are covered. There should be no extra premium, however, insurance companies do try to charge this. Volunteers should be reimbursed for any extra premiums.

• Are volunteers covered by health and saftey legislation?

Volunteers are not usually referred to by health and saftey legislation that applies to employees, however the Health and Saftey at Work Act (1974) imposes a duty on every employer '...to ensure, as far as reasonably practicable, that persons not in their employment, who may be affected by their undertaking, are not exposed to risks to their health and safety' and '...to give to persons (not being their employees) who may be affected in a prescribed manner information as might affect their health and saftey'.

Organisations do have a duty of care to avoid causing injury to their volunteers. Organisations could be found liable following an accident if a court decides they failed to take reasonable care. Organisations should herefore carry out adequate, appropriate risk assessments, so that if any hazards identified then appropriate steps should be taken to minimise the risks to volunteers.

• Can I request a criminal record disclosure check for volunteers from overseas?

(Information taken from the Criminal Records Bureau website):

The CRB is currently not able to conduct overseas criminal records checks. Some countries including most in the EU, have arrangements allowing their citizens to obtain certificates of good conduct or extracts from the criminal record to show to prospective employers. The level of information provided varies from country to country.

Employers seeking to make use of Disclosure infromation should consider carefully before deciding whether to request a Disclosure in respect of an applicant with a substantial record of overseas residence. The PNC cantains a limited number of overseas convictions but this data is by no means comprhensive. Therefore, it may be of limited value to ask for a Disclosure in respect of a person with substantial gaps in their UK residence or of individuals with little or no previous residence in the UK.

However, if someone with a substantial record of overseas residence applies to work in the regulated childcare sector, the employer must still check the Protection of Children Act (POCA) list, even though there will be little if any criminal record information revealed.

A substantail period of overseas residency should not preclude employers from considering applicants with such backgrounds. The Disclosure service should only be part of the overall recruitment process. In these situations, as for all other appointments, employers should engage in a full range of pre-appointment checks, beyond simple reference to Disclosures.

Please visit the Criminal Records Bureau website for further information.

• Should you take on someone with a criminal record as a volunteer?

Recruitment and selection is never risk-free. Sound decisions depend on careful analysis of factual information against well-prepared job and person specifications that are bias free. Addressing issues related to criminal convictions needs an objective common sense approach which takes account of the employers duties in law, he nature of the crime, when it happened, the circumstances involved, the sentence, patterns of offending, efforts to avoid re-offending, job requirements and safeguards against offending at work. This will help you to decide whether the risk of employing a person can be taken and what precautions and safeguards would be needed to manage and minimise that risk.

Be aware of the dangers of personal prejudices that might cloud judgement and good practice, and consider the benefits of further training.

For more information on employing people with a criminal record, visit the Criminal Records Bureau website, or consult the Rehabilitation of Offender Act (also available on the CRB website, or through NACRO).

• In terms of the CRB, who is classed as a vulnerable adult?

(Information taken from the Criminal Records Bureau website):

A vulnerable adult for the purposes of an Enhanced Disclosure is a person aged 18 or over who receives services of a type listed in section 1) below, and in consequence of a condition listed in section 2) below, has a disability of a type listed in section 3) below:

1) The Services are: a) accomodation and nursing or personal carein a care home, b) personal care or support to live independantly in his or her own home, c) any services provided by an independant hospital, independant clinic, independant medical agency or National Health Service body, d) social care services; or e) any services provided in an establishment catering for a person with learning difficulties.

2) The conditions are: a) a learning or physical disability, b) a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or c) a reduction in physical or mental capacity.

3) The disabilities are: a) a dependancy upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions, b) severe impairment in the ability to communicate with others, or c) impairment in the persons ability to protect him or herself from assult, abuse or neglect.