Transcript Protection of Freedoms Act 2012

Changes in Checking
DBS 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 circumstances
Personal circumstances
Health issues
Work issues
General temperament and suitability
Recruiting
(Volunteers and Staff) (2)
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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
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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 Activity
Overnight care / In a specific institution
Teaching, training, instructing, caring (without supervision)
Frequency and Intensity
Once a week or more or 4 days out of 30
Leader and Unsupervised
Overall 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 Activity
Healthcare workers
Personal care assistants
Social Workers
Activities
Lasting power of attorney
Transporting to and from regulated activity
Assistance 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
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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
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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
• [email protected]
• [email protected]
• [email protected]
Changes in Checking
Thank you for attending