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Changes in Checking DBS and Protection of Freedoms Act 2012

Changes in Checking DBS and Protection of Freedoms Act 2012. Introduction to PoF Act 2012 . Enacted May 2012 P art effective from Sept 2012 Widespread opposition to many changes from ‘safeguarding bodies’ Support from the ‘civil liberties’ lobby

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Changes in Checking DBS and Protection of Freedoms Act 2012

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  1. Changes in CheckingDBS and Protection of Freedoms Act 2012

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. Recruiting (Volunteers and Staff) Things to consider: Family circumstances Personal circumstances Health issues Work issues General temperament and suitability

  12. Recruiting (Volunteers and Staff) (2) • 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

  13. Filling in the Form - Errors • 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

  14. 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

  15. 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?'

  16. 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)

  17. 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

  18. 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!

  19. Eligibility – Church Roles

  20. Deciding the Level of Check • 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!)

  21. Deciding the Level of Check Now your turn! Have a look at the scenarios and discuss your opinion on the level of check required

  22. 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 • 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

  23. Keeping in contact • patdbs@southwell.anglican.org • nick@southwell.anglican.org • martin.hollingsworth@familycare-nottingham.org.uk

  24. Changes in CheckingThank you for attending

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