Criminal Records Checking

1. Criminal Records Checking Salford CVS Now changed to Disclosure and Baring Service

2. Criminal Records Checking Soham Murders and Crimes like it have been the momentum for the build up of practice and legislation to protect the vulnerable which is called Safeguarding.

3. Criminal Records Checking Legislation Before an Employer considers asking a person to make an application for a DBS check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history. The ground zero on this is the Rehabilitation of Offenders Act(ROA) 1974 – a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking is listed as an exception under the act

4. Criminal Records Checking Police Act 1997 Part V of this act brought forward the provisions of the Criminal Records access that we have today. • Introduction of the CRB certificate • Creation of the Criminal Records Bureau (CRB) • The concept of Enhanced checks In March 2002 the first CRB certificates were issued, plus the CRB Code of Practice was issued giving guidance and rules to who and how people should be checked

5. Criminal Records Checking Safeguarding Vulnerable Groups Act 2006 In part a reflection on recommendations coming from the Bichard Inquiry into the Soham Murders: • Introduction of the concept of constant vetting for working with vulnerable groups (ISA registration scheme) • Creation of the Independent Safeguarding Authority (ISA) • Established legal requirement to be checked in certain ‘regulated’ roles In July 2010 the ISA registration scheme was put on hold and eventually abolished with the Protection of Freedoms Act 2012

6. Criminal Records Checking Protection of Freedoms Act 2012 In part a reflection of recommendations based in ‘A common sense approach’ by Sunita Mason - Part V of this act sees: • Change in who should be CRB checked (roles, age, etc.) • Creation of a new organisation the Disclosure and Barring Service (merger of CRB & ISA) • Change in who receives a certificate • Start of change on what appears on a certificate (removal of certain historic crimes, new evaluation of local information)

7. Criminal Records Checking Court of Appeal Judgement 2013 In Feb 2013 Court found that the disclosure of all cautions and convictions on DBS certificates an infringement of article 8 of the Human Rights Act – the right to a private life: • Legislative change to what appears on a certificate • New Filtering system to be used to decide what needs to be declared • Change in terms of the ROA (Exceptions) Order 1975 in terms of what you can ask an employee to declare

8. Criminal Record Checking Criminal Record Filtering • This was introduced in May 2013 • “Filtering” aims to establish what is old/minor • Change in what criminal activity appears on the Disclosure Certificate • List of over 700 specified offences that will always stay on (Murder, Rape, Sexual Assault, etc.) • A prison sentence over 4 years will never be filtered • Offences eligible for filtering are: • Common Assault, drunk and disorderly conduct,harassment, theft (no violence), motoring offences, drugs that involve possession

9. Criminal Record Checking What is the difference between spent and unspent convictions? • Unspent is regarded as the time of disposal/length of sentence and the length of time after the disposal/length of sentence that would be considered a rehabilitation period • Spent is regarded as the time after the rehabilitation period • The rehabilitation period can vary according to the nature and length of the conviction and the age of the convicted at the time

10. Criminal Records Checking Timescales for spent convictions • Sentence in prison of over 4 years is never spent • Sentence > 6 months < 30 months = sentence + 7 years • Sentence < 6 months and less than 30 months =sentence + 4 years • Less than 6 months = sentence + 2 years • Fines = 1 year but under 18 = 6 months • Probation order or community order = length of order + 1 year • Conditional discharge = Length of order • Absolute discharge = none spent immediately • Cautions, Warnings, Reprimands = Spent upon issue

11. Criminal Records Checking Rules around DBS checking There are specific rules in relation to the Criminal Record Checking process these are based in legislation and the DBS ‘Code of Practice’ – Some inspectorate regime (Ofsted) also have rules that require following. • Has to be a specific eligible role and employer* (ROA – Exceptions Order 1975) • Applicant has to be 16 or over • Needs to go through a ‘registered body’ • Does not have an expiry date

12. Criminal Records Checking Rules around DBS checking • Has specific rules around the definition of a volunteer – “A person who is engaged in any activity which involves spending time, unpaid, doing something which aims to benefit someone other than, or in addition to close relatives” • Has a defined process for application • It is a transaction, free checks are subsidised by paid checks • Can not be applied for speculatively – there must be an eligible role, task or activity

13. Criminal Records Checking How many types of DBS checks are there?

14. Criminal Records Checking Type of DBS checks • Basic Check (disclosure Scotland) • Standard DBS Checks • Enhanced DBS check • Enhanced DBS check with Children and/or Adult barred list check(s)

15. Criminal Records Checking Basic Checks • Processed through Disclosure Scotland £25.00 • Can be done on any employee • Checks against the Police National Computer (PNC) • Only shows unspent criminal convictions

16. Criminal Records Checking Standard Checks • Positions included in ROA exception order • Discloses spent and unspent convictions held on the PNC* • Mainly for stated excepted job roles that do not require extensive or specific contact with vulnerable groups • Available to check those that work directly and regularly with the vulnerable and children but do not meet the criteria for ‘Regulated activity’ • E.G. – Revenue and customs officers, people applying for licences to sell alcohol, Vets, Chartered Accountants, Legal Executives……. *subject to filtering

17. Criminal Records Checking Enhanced checks • Positions included in ROA exception order and Police Act Regulations • Discloses spent and unspent convictions held on the PNC*plus information held on local police files • For job roles that do not fall into the definition of regulated activity but were regarded as such under the previous rules • For job roles who work directly and regularly with the vulnerable and children (E.G. – Supervised school volunteer, Course teachers for vulnerable adults……etc) • Does not check against barred lists • Element of choice as opposed to ‘must check’ *subject to filtering

18. Criminal Records Checking Enhanced check with Barred List checks • Positions included in ROA exception order and Police Act Regulations and must meet the definition of Regulated Activity • Discloses spent and unspent convictions held on the PNC*(subject to filtering) plus information held on local police files. In addition records check against ISA barred lists • E.G. – All regulated activity roles • Some extra positions included (Fostering and Adoption roles, Leadership roles)

19. Criminal Records Checking Definition of Regulated Activity - Adults • Regulated Activity is about activity (not job titles) and if any adult requires regulated activities they will be considered vulnerable at that time – no label as a ‘Vulnerable Adult’ because of characteristics or circumstance • 6 categories of Regulated Activities for Adults • No frequency test for activity – doing activity once triggers

20. Criminal Records Checking Definition of Regulated Activity - Adults • Providing healthcare • Providing personal care • Providing social work • Assisting with general household matters (paying bills) • Assisting in conduct of people’s own affairs (legal) • Conveying adults to, from or between places where they receive regulated activities • Managing the above staff who are in regulated activity

21. Criminal Records Checking Definition of Regulated Activity - Adults Provide Healthcare • Includes psychotherapy, counselling and first aid but does not include workplace first aiders, members of peer support groups or life coaching Provide Personal Care • Physical assistance with food, going to the toilet, washing or bathing, dressing, oral care or skin care, nails or hair (but not hair cutting) because the adults age, illness or disability – including those that instruct, train, supervise or advise on the above

22. Criminal Records Checking Definition of Regulated Activity - Adults Provide Social work • Includes those that manage or supervise any person engaging in regulated activity Assist with general household matters • Assist with managing cash, paying bills, shopping on their behalf due to a person’s age, illness or disability Assisting in the conduct of people’s own affairs • Advocacy, legal representation

23. Criminal Records Checking Definition of Regulated Activity - Adults Convey adults to, from, or between places where they receive regulated activity • Includes hospital porters, patient transport service drivers and assistants, ambulance technicians and emergency care assistants

24. Criminal Records Checking Definition of Regulated Activity - Children • 3 areas of definition relating to children • What they do (activities) • Where they work (establishments) • Who they are (specified positions)

25. Criminal Records Checking Definition of Regulated Activity – Children • The same areas as adults plus • 3 areas of definition relating to children What they do (activities) • Unsupervised activities: teach, train, instruct, care (all forms) for or supervise children, or provide advice/guidance, moderate a public electronic interactive service or drive a vehicle only for children (brings in taxi services) • Carried out on a frequent, intensive or overnight basis* • A reasonably supervised person doing the above is not engaging in regulated activity *frequent is more than three times per month on an on-going basis, intensive is more than 3 times in a month, overnight is between 2am and 6am

26. Criminal Records Checking Definition of Regulated Activity - Children • 3 areas of definition relating to children Where they work (establishments) • Schools, nurseries, childcare premises, children’s homes and children’s centres • Carried out on a frequent, intensive or overnight basis • A reasonably supervised volunteer doing the above is not engaging in regulated activity, however paid employment working in these establishments is classed as regulated activity

27. Criminal Records Checking Definition of Regulated Activity - Children • 3 areas of definition relating to children Who they are (specified positions) • Registered Childminders • Foster Carers (plus adults living in the same household) • Managers or Supervisors of people carrying out Regulated Activity related to children

28. Criminal Records Checking Who qualifies for Enhanced checks without barred list checks? • Those in non-regulated work but qualified under the old rules (e.g. reasonably supervised volunteers in schools, reasonably supervised workers at youth clubs, sports centres, trainers and supervisors of vulnerable adults etc.) • Not those in ‘Controlled Activity’ this has been abolished (staff with access to records, on-site non direct or face-to-face workers ) • Those who don’t meet the frequency tests

29. Criminal Records Checking Common Errors • People make assumptions on who requires a DBS check and so request a check to be on the safe side – It is illegal to DBS check somebody who is not eligible due to their role • Checking people who do not meet the frequency test e.g. one off volunteering. • Checking people who’s role is with the general public not a specific client group e.g. receptionists, library assistants • People can’t arrange their own checks – a DBS check belongs to the employing organisation not the individual applicant and can only be processed for specific roles. Checks can’t be done speculatively “I am thinking of volunteering with children, so I best get a DBS check done on myself”

30. Criminal Records Checking Identity Documents September 2012 saw the revised listing of approved documents and how they can be used 4 possible combinations • Route 1 – 3 items, 1 must be from Group 1 • Route 2 – 3 items, 1 must be from Group 2a plus external ID validation check (additional charge) 2 from 2a or 2b • Route 3 – 5 items, 1 must be UK birth certificate – 4 from 2a or 2b • Route 4 – No ID, must have fingerprints and photographs taken by police

31. Criminal Records Checking Do’s & Don’ts • Do ensure that you see identity documents that confirm name, age and address of the applicant • Do take control over your application process, insisting that the applicant conforms to the rules • Don’t complete section Y this is for the registered body only • Do remind the applicant that they will need to bring their certificate into the appropriate person to see it, in order to be approved to work

32. Criminal Records Checking The Update Service Summary The ‘Update Service’ is a new subscription service that lets individuals keep their DBS Certificates up-to-date so they can take it with them when they move jobs or roles. You, as an employer, can then carry out free, online, instant checks to see if any new information has come to light since the Certificate’s issue – this is called a Status check.

33. Criminal Records Checking The Update Service For Applicants • DBS certificate registration scheme • Allows you to keep your certificate ‘up-to date’ • To take it with you from role to role in the same workforce • Easy to join, easy to manage • Yours is the only certificate • Free for Volunteers • £13 per year for Non-Volunteers

34. Criminal Records Checking The Update Service For Employers • DBS certificate checking system • Allows you to check online the validity of a registered DBS certificate • Easy to use, easy to understand • Online check is free to access

35. Criminal Records Checking The Update Service Benefits • Save you time • One certificate maybe all you need • May be able to take it from role to role • You are in control of your certificate – it’s yours • Online checks of DBS certificates is quick • Potential reduction in number of application forms to complete over time • Savings in time and costs • Less Bureaucracy

36. Criminal Records Checking The Update Service How do I join? • Via www.gov.uk/dbs-update-service • Join with application form number or DBS certificate number (within 14 days of issue) • Some personal details* (full name, date of birth, etc.) • Answer whether it is a volunteer position (?) • Make payment / set up subscription *the information must match that on the certificate and so amendments to the certificate post joining must also be amended on the account

37. Criminal Records Checking The Update Service How to conduct a Status Check • Establish your right to check and get consent • Go toand search for DBS Update Service – www.gov.uk/dbsbookmark the link • Enter organisational details and name details • Enter DBS certificate information • Agree with legal declaration • Receive online result

38. Criminal Records Checking The Update Service How to understand the result of a Status Check You will receive one of four results • This Certificate did not reveal any information and remains current as no further information has been identified since its issue. • This Certificate remains current as no further information has been identified since its issue. • This Certificate is no longer current. Please apply for a new DBS check to get the most up-to-date information. • The details entered do not match those held on our system. Please check and try again.

39. Criminal Records Checking The Update Service – things to consider • The applicant can see who has checked their certificate and how often (from their account) So recheck fairly! • You should consider how you organise your consent policy and your status check frequency process • Encourage staff to subscribe or consider paying for their subscription when it is time for their DBS recheck • Check policies are up to date and in line with the changes • Be prepared to run a multi-faceted process – it’s a choice to join