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The new Disclosure and Barring Service: safer recruiting when working with vulnerable groups

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By WCVA Criminal Records Unit at WCVA's Charity Law conference 2013

By WCVA Criminal Records Unit at WCVA's Charity Law conference 2013

Published in: Health & Medicine

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  • 1. SAFEGUARDING VULNERABLEGROUPSDisclosure & Barring ServicesWCVA CRIMINAL RECORDS UNITUpdated Apr 13Wales Council forVoluntary Actionwww.wcva-cru.org.uk  0800 0197 391  cru@wcva.org.uk
  • 2. Aims for the Day• To explain changes made to the criminalrecord and barring arrangements introducedSeptember 2012 and ongoing through2013/14• How this may affect you or your organisation• What you need to do as part of a saferrecruitment process for those working withvulnerable groups
  • 3. History: Criminal Records & Barring• CRBchecks/Disclosures• Rehabilitation ofOffenders Act 1974• Police Act• SafeguardingVulnerable Groups Act2006• Protection of FreedomsAct 2012• IndependentSafeguarding Authority(ISA)• ISA barred list forchildren• ISA barred list for(vulnerable) adults• Regulated activity –work a barred personmust not do 3
  • 4. Disclosure & Barring Services• seamless servicecombining criminalrecords checking andbarring functions.• DBS websitewww.homeoffice.gov.uk/dbs• help employersmake saferrecruitmentdecisions• prevent unsuitablepeople from workingwith vulnerablegroups includingchildren.4
  • 5. Disclosure & Barring Services• New definition of regulated activity - scaling back regulatedactivity to focus on work which involves close and unsupervisedcontact with vulnerable groups including children.• Minimum age (16) at which someone can apply for a DBScheck.• More rigorous „relevancy‟ test for when the police releaseinformation held locally on an enhanced DBS check and no„additional information‟• Enhanced DBS checks for those in regulated activity will includea check against the relevant DBS barring list(s):• Individuals in positions that previously fell under the definition ofRA remain eligible for Enhanced DBS checks but withoutbarring list information (check)
  • 6. Disclosure & Barring Services• You must not engage in regulated activity someone whom youknow has been barred by the DBS• Offences for barred people in regulated activity and foremployers knowingly employing a barred person• The DBS barred lists for end of February 2013 stand at;– Adults List – 45,242– Children List – 49,101• This represents 51,333 individuals, on one or both lists.• You must make appropriate referrals to the DBS• Most people will be barred only if they have engaged, areengaging or might in the future engage in Regulated Activity(Autobars without representations will continue to be barredirrespective of whether the person has a link to RA)
  • 7. 7
  • 8. 8New Regulated Activity – adults 1• Adults no longer labeled as „vulnerable‟.• Instead, the definition identifies the activities which, if any adultrequires them, lead to that adult being considered vulnerable atthat particular time.• No longer a requirement for a person to do the activities acertain number of times – once only to be in RA• CRU resource – website decision tree – members area• DoH resource - https://www.wp.dh.gov.uk/health/2012/08/new-disclosure-and-barring-services-definition-of-regulated-activity/• 6 main categories plus office holders for Wales• No longer includes any activity in a care home as workers whoprovide health or personal care to care home residents will fallwithin the revised definition
  • 9. 9New Regulated Activity – adults 2 Providing personal care:• physical assistance with eating or drinking, going to the toilet,washing or bathing, dressing, oral care or care of the skin, hairor nails because of an adult’s age, illness or disability;• prompts and then supervises an adult who, because of theirage, illness or disability, cannot make the decision to eat ordrink, go to the toilet, wash or bathe, get dressed or care fortheir mouth, skin, hair or nails without that prompting orsupervision;• trains, instructs or offers advice or guidance which relates toeating or drinking, going to the toilet, washing or bathing,dressing, oral care or care of the skin, hair or nails to adults whoneed it because of their age, illness or disability.
  • 10. 10New Regulated Activity – adults 3 Providing healthcare:• Any health care professional providing health care to an adult,or anyone who provides health care to an adult under thedirection or supervision of a health care professional.• Healthcare professionals are defined under SVG and includephysiotherapists, psychotherapists and counsellors Providing Social work:• activities of regulated social workers in relation to adults who areclients or potential - includes assessing or reviewing the needfor health or social care services, and providing ongoing supportto clients.
  • 11. 11New Regulated Activity – adults 4 Assistance with cash, bills and/or shopping• Day to day assistance to an adult because of their age, illnessor disability, if that includes managing the person‟s cash,paying their bills or shopping on their behalf Assistance in the conduct of a person’s own affairs Conveying• A person who transports an adult because of their age, illnessor disability either to or from their place of residence and aplace where they have received, or will be receiving, healthcare, personal care or social care; or between places wherethey have received or will be receiving health care, personalcare or social care. This will not include family and friends or taxidrivers
  • 12. 12
  • 13. 13
  • 14. 14New Regulated Activity – Children 1 All unsupervised activities:• teach, train, instruct, care for or supervise children, or provideadvice/guidance on well-being, Work within a specified places with opportunity for contact:• Specified places as schools, children‟s homes, childcarepremises. BUT NOT work by supervised volunteers; The above work is RA only if done regularly- By the same person frequently (once a week or more often) orintensively (4 or more days in a 30 day period or in some casesovernight – anytime between 2 am-6am face to face even once )- supervision defined in statutory guidance
  • 15. Supervision Guidance• Supervision must be regular and day to day –must take place onan ongoing basis, whether the worker has just started or hasbeen doing the activity for some time• Supervisor must be in regulated activity themselves;• It must be reasonable in the circumstances; it can differdepending on the circumstances of a case:– ages of the children; number of children that the individual works with; whether theworkers are helping to look after the children; the nature of the work(or in a specifiedplace, the opportunity for contact; the vulnerability of the children; how many workerswould be supervised by each supervisor• This gives local managers the flexibility to determine what isreasonable for their particular circumstances.• In law, an organisation will have no entitlement to do abarred list check on a worker who, because they aresupervised, are not in regulated activity.15
  • 16. 16New Regulated Activity – Children 2 Relevant personal care, for example washing or dressing; orhealth care by or supervised by a professional;• Once only and even if supervised Registered childminding and foster-carers Day to day management/supervision on regular basis of aperson providing activity which would be RA if unsupervised or ifspecified place a volunteer activity which would be RA ifunsupervised Community transport/social media interface Office holders – Wales only
  • 17. DBSStandardcheckPNCDBSEnhancedcheckPNCPoliceInformationDBS Enhancedcheck+ Barred ListcheckPNCPoliceInformationDBS listChildDBS Enhancedcheck+ Barred ListcheckPNCPoliceInformationDBS listAdultDBS Enhancedcheck+ Barred ListscheckPNCPoliceInformationDBS listsAdult +ChildRehabilitationof OffendersAct(ExceptionsOrder)NonregulatedactivityPoliceAct 1997New Definition of Regulated ActivitySafeguarding Vulnerable Groups Act2006Protection of Freedoms Act 2012
  • 18. REGULATED ACTIVITYYou MUST NOT knowingly employ a barred BEFORE taking them on inregulated activity.You will eligible to get an Enhanced DBS check with barring list informationNON –REGULATED ACTIVITYYou will be eligible to get an Enhanced DBS check for criminal record historybut without barring list informationThere is contact with vulnerable groups but the tighter criteria for regulatedactivity is not met /would have met regulated activity definition preSeptember 2012Risk Assess any criminal record information for suitability of the volunteer orpaid employee for the position. Review protection polices and proceduresRECRUITING SAFELY
  • 19. DBS developmentJune 2013Single issue, applicant only certificateNew update service providing (limited) portability“The key Programme priority is the early introduction of a newportable disclosure Update Service which will eliminate theneed for individuals to apply for unnecessary repeatdisclosures. Most people will only ever need to get one checkand will be able to take it from role to role without needing toapply for a new one. Rather than submit a new paperapplication, employers will be able to conduct a simple,instant on-line check on the status of an application (sic) .”19
  • 20. Update serviceFor individualscan reuse their DBS check,taking it from employer toemployer;in the vast majority of casesthey will avoid the need toapply repeatedly for newDBS checksNo need to keep filling outthe application form and thenwaiting for new certificate toarrive.For employersable to carry out a free andinstant check of an existingdisclosure certificate -confirm ifthe check is up to date.if it is – no need to apply for anew DBS check - proceed withall the other usual pre-employment checks.same with existing employeesand rechecks– no need torequest new DBS checksperiodically –simply check theexisting certificate. 20
  • 21. Updating for the employer• individual presents their DBS certificate to the prospectiveemployer• employer logs on to update service - required to enter somedetails about themselves and the individual.• employer presented with a status update in relation to thatindividual‟s criminal record.• if new information is available, advised to apply for a new DBScheck to obtain latest information.• it is the employer‟s decision to do so - if the employer decidesnot to ask the individual to apply for a new DBS check, theymust accept the associated risks in doing so.21
  • 22. Updating for the employerThe status update will show one of four options:• Blank certificate and no new information - This certificate didnot reveal any information and remains current as no furtherinformation has been identified since its issue.• Non-blank certificate and no new information – Thiscertificate remains current as no further information has beenidentified since its issue.• Blank or non-blank certificate and new information – Thiscertificate is no longer current. Please apply for a new DBScheck to get the most up to date information.• No match found – The details entered do not match those heldon our system. Please check and try again.22
  • 23. Subscribing to the update serviceYour volunteer or paid employee can:• Subscribe on application for a DBS check• Subscribe using a DBS certificate number e.g. ebulk users• email alert for subscription renewal 30 days prior to expiry or ifauto renewals, payment automatically from the credit or debitcard details! Subscription free for volunteers• Failing to renew means –– Individual subscription cancelled automatically.– employer unable to make further status checks on thecertificates associated to the subscription.– individual will be required to submit a new application andapply to join the update service if they wish to rejoin23
  • 24. 24
  • 25. Managing subscriptionYour volunteer or paid employee can:• Update Contact Details current address, mobile telephonenumber and email address.• Subscription Management change payment details, cancelsubscriptions or view/remove applications.• Add Disclosure add a new application to their updatesubscription.• Audit View the most recent employer activity, listing the tenmost recent employers making a check of their update status.25
  • 26. DBS – THE FUTURE• One of 3 trailblazers• DBS high profile, high volume public service whichwill be designed to meet a new digital servicestandard currently being developed by theGovernment Digital Service (GDS• Alpha: Interim Update Service - Summer 2013• Beta: Full Update Service, with Digital Applicationsand DBS Portal - March 2014• Operational: Implementation of Digital DisclosureCertificate and Digital Identity Validation - Late 2014• Majority of applications digital by 201526
  • 27. NEED HELP?.....from CRU 0800 0 197 391 cru@wcva.org.uk www.wcva-cru.org.ukWCVA CRU Morfa Hall Bath Street RHYL LL18 3EB