Changes in CheckingDBS and Protection of Freedoms Act 2012

Introduction to PoF Act 2012

• Enacted May 2012 • Part effective from Sept 2012• Widespread opposition to many changes from

‘safeguarding bodies’• Support from the ‘civil liberties’ lobby• Concerned with the protection of individuals’

freedoms

Key changes from September 2012

• New definition of Regulated Activity• 2 types of enhanced criminal record checks - DBS

Enhanced Check for Regulated Activity (E+) and DBS Enhanced Check (E)

• Minimum age of 16 for DBS checks • More rigorous relevancy test by police before

releasing additional information on applicant• Readers/RLMs/caretakers/Church Wardens who

do not do appropriate work can’t be checked

Other changes (1)

• Disclosure and Barring Service (DBS) replaced CRB/ISA - 1 December 2012

• New DBS application form replaced existing CRB form – 12 November 2012

• Use of an outside agency to verify identity for those with no documentation – August 2012

• Importance of seeing original documentation

Other changes (2)

• Single disclosure certificate going to applicant• New online status updating service for the

individual to opt in• Free for volunteers• £13 per year for paid staff• Not recommended until it has settled down!

• New role descriptions for the form• Barred list check – planned• Basic Disclosure – planned

Single Disclosure

• Single disclosure certificate goes to applicant only, NOT to the diocese (from 17/6/13)

• Applicant MUST show this to the parish rep before working or continuing

• The disclosure MUST be photocopied and sent to the diocese

• The diocese will initiate the risk assessment if required

Single Disclosure (2) • If clear: the person can start / continue their work• If unclear (renewal) and the offence/s pre-date a

previous renewal: the person can continue their work • If unclear (renewal) and the offences are after the last

renewal: the person MUST NOT continue their work until a risk assessment has been completed

• If unclear (new application) the person MUST NOT start work until the risk assessment is complete

• ‘Clear’ means all 4 boxes have NO INFORMATION or NONE RECORDED or NOT REQUESTED

What hasn’t changed (1)

• You must continue to have DBS checks• You must not engage a DBS-barred person in

regulated activity• Roles that fall within the pre-September

definition of regulated activity (either children or vulnerable adults) will continue to be eligible for enhanced checks (E) (without barred check) whether or not they fall within the new definition

What hasn’t changed (2)• All recruitment for volunteers and staff must follow the same

process• ‘Children’ applies to all people aged under 18 (with a few

exceptions for 16-17)• You are required in law to pass on concerns about adults who

work with children, or vulnerable adults in most circumstances • DBS Lead Countersignatory (Diocese) liable for checks being

made illegally or inappropriately• Clergy an exception (Readers/RLMs/caretakers/Church

Wardens are not!)• The parish is responsible for records and renewals

Court of Appeal and Home Office

• 26 March Home Office announcement after a court case, legislation going through parliament:– Adult convictions will be filtered to remove some

records of offences• Removed (if not a ‘specified offence’) if:– 11 years + ago (5.5 years ago if committed under 18)– Only offence– Did not result in a custodial sentence

Recruiting (Volunteers and Staff)

Things to consider:Family circumstancesPersonal circumstancesHealth issuesWork issuesGeneral temperament and suitability

Recruiting (Volunteers and Staff) (2)

• Job / role description• Application form or letter• Interview / discussion about the role• Confidential Declaration• Birth Certificate or Equivalent• Two references from 2 sources• DBS check at the appropriate level (E or E+)• Appointment, support, review• Information retained confidentially

Filling in the Form - Errors

• Dates – MM / YYYY• Black ink!!• Driving licence (numbers and letters)• Volunteer box (68)• Do NOT fill in 64-66• Let us know the reasons for a Barred Check• Use correct postage • Do NOT send to DBS direct

Filling in the Form – Changes (1)

• x 61 line 1 MUST use one of the following phrases:– Child Workforce– Adult Workforce– Child and Adult Workforce

• x61 line 2 can describe the post, eg:– Church leader– Children’s work volunteer

Filling in the Form – Changes (2)

• Question e55 asks the applicant:• 'have you ever been convicted of a criminal offence

or received a caution, reprimand or warning?'• Applicants should now ignore this question and

instead treat this question as if they were being asked:

• 'do you have any unspent convictions, cautions, reprimands or warnings?'

Levels of DBS Checks

E+ - Enhanced check with Barred List check – the highest level of checks for those in regulated activity or who have regular unsupervised contact only

E – Enhanced check (with no Barred List check) – those with significant involvement

DBS are operating a strict checking process to ensure that E and E+ are not being asked for illegally or ‘liberally’

Others to follow (as mentioned earlier)

Who to check (E+) - Workers with Children

Those involved in Regulated ActivityOvernight care / In a specific institution

Teaching, training, instructing, caring (without supervision)

Frequency and IntensityOnce a week or more or 4 days out of 30

Leader and UnsupervisedOverall leaders who do have unsupervised contact with children

E checks can be made for significant helpers who are under some form of supervision, and for key leaders of mixed-age activities

Who to check (E+) - Workers with Adults

Those involved in Regulated ActivityHealthcare workers

Personal care assistantsSocial Workers

ActivitiesLasting power of attorney

Transporting to and from regulated activityAssistance with bills / shopping / cash etc

Others may be E checked (without Barred checking) under certain other circumstances – check first!

Eligibility – Church Roles

Deciding the Level of Check

• Know what the role entails (role descriptions)• Are they an exception (clergy, Readers…for now!)• Consider ‘Adult’, ‘Child’, or both• Consider ‘supervised /unsupervised’• Consider ‘leader / helper’ • Check against the ‘eligability circles’ • Decide on the level, make it clear when submitting forms• If unsure, ASK Nick Harding (preferably by e-mail!)

Deciding the Level of Check

Now your turn!

Have a look at the scenarios and discuss your opinion on the level

of check required

Keeping up to speed

• New process for disclosures, risk assessments and informing the parish

• New phrases to be used for role descriptions (x61) • Filtering of criminal records • Possible changes in the eligability criteria in 2014

• Keep watching the ‘Safeguarding’ section of the website• Look out for briefing papers• Thursday e-mail / Nick’s list / Safeguarding Officers list• Standard Safeguarding training

Keeping in contact

• patdbs@southwell.anglican.org

• nick@southwell.anglican.org

• martin.hollingsworth@familycare-nottingham.org.uk

Changes in CheckingThank you for attending