Disclosure and Barring Service

Transcription

1 Disclosure and Barring Service Presented by: Lyn Gavin Date: Summer 2016

2 Our Role To help employers make safer recruitment decisions and to prevent unsuitable people working with vulnerable groups including children Statutory responsibilities DBS powers are not investigatory 2

3 DBS Checks Standard DBS Check Enhanced DBS Check DBS Enhanced Check for Regulated Activity PNC PNC Police Information PNC Police Information DBS Children s DBS Adults 3

4 Update Service How the service works

5 The background What is a Status check? Employers can go online for a free and instant check to find out whether the individual s Certificate is still up-to-date. How to make a Status check Employers will enter their name and organisation together with the applicant s name, date of birth and Certificate number. They do not have to register or subscribe to carry out a Status check. 5

6 Status check possible results One This certificate did not reveal any information and remains current as no further information has been identified since its issue. This means: The certificate when issued was blank i.e. it did not reveal any information about the person. No new information has been found since its issue and can therefore be accepted as being still current and valid. 6

7 Status check possible results Two This certificate remains current as no further information has been identified since its issue. This means: The certificate revealed information about the person. No new information has been found since its issue and can therefore be accepted as being still current and valid. 7

8 Status check possible results Three This certificate is no longer current. Please apply for a new DBS check to get the most up to date information. This means: New information has come to light since the certificate was issued and they will need to apply for a new DBS check to see this new information. 8

9 Status check possible results Four The details entered do not match those held on our system. Please check and try again. This means either: The individual has not subscribed to the Update Service; or The certificate is no longer in the been removed from the Update Service by the individual; or The employer has not entered the correct information. 9

10 What causes a status change? The following will cause the status of a certificate to change therefore no longer being kept up to date by the DBS: New convictions, cautions, reprimands or warnings New relevant information held by the police Being placed on one or both of the DBS s Barred lists Any amendment or change to a current conviction, caution, warning or reprimand Some of these changes will be manual, and some automatic. 10

11 The Update Service Benefits Re-check when you need to with the individual s consent Cheaper than a 3 yearly re-check Faster results you will know instantly if there is no change or if you need to get a new certificate 11

12 Regulated Activity Adults There are six categories within the new definition of regulated activity for adults: Healthcare doctors, nurses, health care assistants Personal Care washing and dressing, eating, drinking and toileting Social work social work required in connection with health or social services 12

13 Regulated Activity Adults Assistance with Household Affairs Cash, Bills or Shopping Assistance with conduct of affairs Power of attorney, Deputies appointed under Mental Health Order Conveying an Adult Must be for health, personal or social care due to age, illness or disability 13

14 Regulated Activity Children Unsupervised Activities Teaching, training or instruction, care for or supervise children Provide advice / guidance on well being Drive a vehicle only for children 14

15 Regulated Activity Children Work for a Limited Range of Establishments (Specified places) opportunity for contact, for example schools, children s homes, childcare premises (but not work by supervised volunteers) 15

16 Regulated Activity Children Healthcare health care by or supervised by professional, even if done once Relevant personal care washing or dressing, eating, drinking, toileting or teaching someone to do one of these tasks 16

17 Regulated Activity Children Registered Childminding Domestic premises for reward Foster-Carers Local authority, agency or private fostering Moderating a public interactive electronic communication service used wholly or mainly by children 17

18 Safeguarding and Safer Recruitment For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they will be stopped. Our task is to make it as difficult as possible for them to succeed... Bichard Report, 2004, p 12, para 79 18

19 When must you refer? When two main conditions have been met: ONE: Withdraw permission to engage in regulated activity Dismissed Redeployed Retired / Redundant Resigned 19

20 When must you refer? TWO: Referring party thinks that the person has either: Engaged in relevant conduct or Satisfied the harm test or Received a caution for, or been convicted of a relevant offence For most cases, the DBS only has the power to bar a person who is, has been or might in future engage in regulated activity 20

21 Case Examples Case Examples 21

22 Case Scenario One Mr A was a volunteer in a Primary Care Hospital. A 14 year old female made a complaint of sexual assault against Mr A. The Police were called and both Mr A and the female were interviewed. Mr A denied the offence and the case was referred to the CPS who chose not to prosecute. Following an investigation into this allegation Mr A was dismissed by his employer. Is he in Regulated Activity? Has he been permanently removed from Regulated Activity? Has Relevant Conduct occurred or is the Harm Test satisfied? Is there a legal duty to refer? 22

23 Case Scenario Two Miss B is a Sports Coach at Somewhere High School. She made the school aware that she had received a conviction for drink driving. Miss B was not dismissed by her employer. Is she in Regulated Activity? Has she been permanently removed from Regulated Activity? Has Relevant Conduct occurred or is the Harm Test satisfied? Is there a legal duty to refer? X X X 23

24 Typical Barring Decision Making Process Reviews After minimum barring period or at any time if statutory conditions met Appeals On the grounds of error of fact or an error of law Relevant offences (Autobar) without representations Stage 5 Barring Decision Relevant offences (Autobar) with representations Stage 4 Representations from the referred person Stage 3 Structured Judgement Process Stage 2 Information Gathering and Assessment Stage 1 Initial case assessment Case can be closed at any stage Relevant offences Referral Route The Barring Decision Making Process may vary according to the nature of the referral 24

25 Future DBS online improvements provide a secure online gateway to all DBS services improving the speed and quality of application processing and checks allow individuals to create accounts and grant access to relevant individuals accessible by PC, Tablet or Smart Phone provides real-time access to DBS information on individuals for employers once access has been granted by the employee. 25

26 How to contact us Further information - Barring: - Helpline: dbsdispatch@dbs.gsi.gov.uk dbspartnerships@dbs.gsi.gov.uk Further information - Disclosure: - Customer Services: customerservices@dbs.gsi.gov.uk - Website: 26

27 Thank you Do you have any questions? 27