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  • 1. WALES COUNCIL FOR VOLUNTARY ACTION CRIMINAL RECORDS UNIT www.wcva-cru.org.uk  0800 0197 391  crusafeguarding@wcva.org.uk SAFER RECRUITING for the THIRD SECTOR
  • 2. The new DBS Update Service  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 3. WCVA Charity Law Conference SCiP May 2014 The new DBS Update Service • its benefits • its use - safeguarding and risk assessment
  • 4. Background  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 5. Background – SVG & PoF Balance between upholding civil liberties and safeguarding vulnerable groups criminal record checks to be more proportionate and give the public greater control over their information. • transferrable checks • quicker checks  recognising that DBS checks are one part of the wider recruitment process • trusting employers to make rounded decisions about who they employ • checking references and ongoing management • wider safeguarding approach
  • 6. • CRB & ISA merge to DBS Dec 12 • new definition of regulated activity - focus on work which involves close and unsupervised contact with vulnerable groups including children. • more rigorous ‘relevancy’ test for local police information and no ‘additional information’ • Enhanced DBS checks for those in regulated activity include a check against the relevant DBS barring list(s) • ! individuals in positions that previously fell under the definition of RA remain eligible for Enhanced DBS checks but without barring list information (barring list check) DBS checks
  • 7. Regulated activity Regulated activity is work a barred person cannot do • staff (paid or volunteer) in regulated activity are eligible for and must be able to produce an enhanced DBS check with the appropriate barring list check before commencing the activity. • an organisation must not knowingly employ someone in regulated activity who is barred by DBS from working with the relevant vulnerable group - children or adults • Offences for both organisation and individual .
  • 8. Update service .. for volunteers or staff • DBS applicants can subscribe to the Update Service with a new application or DBS Certificate. • the individual can then take their Certificate with them from role to role where the same level and type of check are required and their certificate will be kept up to date • can be used by both volunteers and paid employees annual subscription cost £13 BUT free subscription for volunteers.
  • 9. Update Service .. for organisations • with an individual’s permission, you can go online for an instant check to find out whether their DBS certificate is still up-to-date. • called a status check. • you do not have to register or subscribe to carry out a status check – any time, any place, any where • it is free
  • 10. Benefits • organisation - reduces rechecks • volunteer/employee - reduces need for multiple checks • instant online results helps speed up the recruitment process • less bureaucracy - if have to use paper route application - then no more forms! • …..and especially alongside ebulk • enhances safeguarding processes and may help to reduce your risks
  • 11. How Update Service works …………..for employers  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 12. Status Checks Online Status Checks Results No status change certificate remains valid and up-to- date Status change certificate is no longer current With applicant permission…. .. you can use their current DBS Certificate and carry out a free, online check to see if any new information has come to light since its issue www.gov.uk/dbs-update-service
  • 13. Status Checking Carrying out a Status Check is quick and simple • Your name; your organisation name Information required for DBS Certificate being checked • DBS Certificate number • Current surname of the DBS Certificate holder – shown on their DBS Certificate • Date of birth of the DBS Certificate holder - as recorded on the DBS Certificate Results • Instantaneous • Individual can see who has carried out a Status Check on their DBS Certificate and when the check was carried out
  • 14. Status changes …what This DBS Certificate did not reveal any information and remains current as no further information has been identified since its issue. • The DBS Certificate when issued was blank i.e. it did not reveal any information about the person; and • No new information has been found since its issue and can therefore be accepted as being still current and valid This DBS Certificate remains current as no further information has been identified since its issue. • The DBS Certificate revealed information about the person; and • No new information has been found since its issue and can therefore be accepted as being still current and valid.
  • 15. Status changes …what This DBS Certificate is no longer current. Please apply for a new DBS check to get the most up-to-date information. • New information has come to light since the DBS Certificate was issued and you will need to apply for a new DBS check to see this new information. The details entered do not match those held on our system. Please check and try again • The individual has not subscribed to the Update Service or • The DBS Certificate has been removed from the Update Service or • you have not entered the correct information!
  • 16. Status changes …when For all DBS certificates • new convictions, cautions, reprimands or warnings; or • any amendment or change to a current conviction, caution, warning or reprimand. • filtering For Enhanced DBS Certificates • any new, relevant police information. For Enhanced Certificates with a Barred List check(s) • if the person becomes barred for that list(s) checked on the Enhanced Certificate. ! If the status of a Certificate changes….. ….it is no longer up-to-date. !
  • 17. Status changes …how often When a DBS Certificate is in the Update Service… …DBS will keep it up-to- date by *regularly searching to see if any new information has come to light since its issue. *Criminal record conviction and barring information will be searched for updates on a weekly basis as this information can change frequently. *Non-conviction information, released on relatively few certificates, changes infrequently and will be searched for updates every nine months
  • 18. comparisons Repeat application vs. Status Check Applicant hasn’t subscribed to the Update Service Apply for a DBS check Await Certificate issue to applicant Employment decision can be made Applicant has subscribed to the Update Service Carry out a Status Check Instant result Employment decision can be made
  • 19. Early confirmation check  You are recruiting into regulated activity  A Status Check has indicated that the certificate is no longer up-to-date;  You need to know if the change came as a result of your volunteer/employee being placed on either/both of the DBS Barred Lists.  You can carry out an early confirmation check with applicant consent - application form and email DBS website. www.gov.uk/dbs-update-service
  • 20. How Update Service works …………..for applicants  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 21. Applicant Subscription Joining online is quick and simple • Your name, gender, date of birth, email address Information required about your DBS check • application form, reference number or DBS Certificate number Payment (if required) • a card payment for the update service fee, if applicable, is made securely from your account. Confirmation • when your subscription is confirmed make a note of your unique ID and keep it secure.
  • 22. Subscribing using form number Option 1  subscribe online when they apply for a DBS check  DBS must receive their form within 28 days of subscribing  applicant Certificate will automatically attach to their subscription when it is issued Option one Submit an application form to the DBS Subscribe online using the application form number www.gov.uk/dbs-update-service
  • 23. Subscribing using certificate number Option 2 • If an applicant didn’t join at the same time as applying for their DBS check or applied via e-bulk or on a Welsh application form • they can still join within 14 days of the date of issue of the resulting DBS Certificate. Option two Submit an application form to the DBS Receive the Certificate Subscribe online using the Certificate number www.gov.uk/dbs-update-service
  • 24. Safeguarding considerations  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 25. Certificates The DBS now issues certificates to the applicant only Issues Your feedback?
  • 26. Eligibility and DP Are you seeing what you are entitled to see? Do you know if you have the right level and type of certificate? Issues Your feedback?
  • 27. Other issues • Subscription - who pays? • the Update Service will only check for updates based on the individual for whom the check was carried out – not the home address where the work is being undertaken or any other individuals employed or living at that address Issues Your feedback?
  • 28. To consider • Ebulk or paper • DBS online tracking – keep the form ref number • you must see the original DBS Certificate • check that it matches your required level • risk assess any information revealed • robust ID verification to ensure that the person being checked is the same person on the actual DBS Certificate. • part of your wider safeguarding and recruitment policies
  • 29. CRU Support  www.wcva.org.uk  0800 2888 329  help@wcva.org.uk
  • 30. CRU support • CRU website • CRU Safeguarding service • CRU DBS check service • Online(ebulk) • Paper • Help line Ideas Your feedback?
  • 31. CRU Safeguarding service An holistic approach - safer recruiting as part of general safeguarding • DBS statutory duty to refer • Safeguarding policy and practice • Safeguarding training • Safeguarding enquiries • Embrace a culture of safeguarding and better understanding of safeguarding and protection • crusafeguarding@wcva.org.uk
  • 32. CRU website Supporting third sector organisations and CRU service users to meet their DBS check and safeguarding responsibilities • DBS check advice and guidance – eligibility, member’s area • safeguarding information and guidance; self assessment toolkit • FAQ’s, “hot topics” and free downloads • signposting to specialist organisations for specific safeguarding and criminal record issues www.wcva-cru.org.uk
  • 33. NEED HELP?  0800 0 197 391 Helpline 9 am – 5 pm cru@wcva.org.uk crusafeguarding@wcva.org.uk WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB www.wcva-cru.org.uk
  • 34. DBS Duty to refer • A regulated activity provider, such as a person who manages volunteers in a regulated activity position has a legal duty to refer to DBS When the two main conditions below have been met: • ONE : Permanent removal from regulated activity • 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
  • 35. Harm test • to satisfy the harm test there needs to be credible evidence of a risk of harm to vulnerable groups including children such as statements made by an individual regarding conduct/behaviour, etc. • for a case to be considered as a risk of harm, relevant conduct would not have occurred but there must be tangible evidence rather than a “feeling” that a person represents a risk to children and / or adults.  This is when the second condition has been met
  • 36. Reusing certificates  A primary school teacher has an Enhanced check with a Children’s Barred List check for the Children’s Workforce. Which other jobs can she use it for? –  Teacher?  Volunteer child sports coach?  Youth group leader?  Volunteer youth group helper?  Adult learning disability assistant?
  • 37. Reusing certificates • An adult care worker has an Enhanced check with an Adults Barred list check for the Adults’ Workforce. • Which other jobs can he use it for?  Adult social worker  Adult respite nurse  Driver for care services  Adult personal carer
  • 38. Reusing certificates • A hospital doctor has an Enhanced check with Adults and Children's Barred list checks for the Children’s and Adults’ Workforce. • Which other jobs can she use it for?  Volunteer physiotherapist in a hospice  Supervised reading scheme volunteer in a school  Unsupervised playgroup leader