Tyne & Wear Sport: 13 March 2014

Update: Disclosure & Barring Service (DBS)

Nick Slinn

Child Protection in Sport Unit

Agenda

• Setting the scene: safeguarding children and

safe recruitment

• What has and hasn’t changed

• Vulnerable adults

• Organisational risks

• Implications for your organisation

• Sources of information and support.

Safeguarding includes:

• Safeguarding policy

• Management commitment & accountability

• Reporting procedures

• Lead safeguarding officer

• Safe recruitment

• Codes of conduct (& disciplinary procedures)

• Staff training

• Communication to stakeholders

Safe recruitment includes:

• Clear job description

• Application form

• Specific relevant references

• Confirm technical qualifications & experience

• Interview

• Criminal records checks (where eligible) and risk

assessment of positive disclosure information

• Recording decisions

Criminal Records Checks:

What hasn’t changed?

• Organisations’ wider safeguarding responsibilities

• Duty to refer concerns

• Illegal to seek RA work if barred

• Illegal to knowingly employ a barred person in RA

• Still a body (now DBS) assessing risk and making

barring decisions

New criminal records terminology

On 1st December 2012 ISA and CRB merged to become

the Disclosure and Barring Service (DBS) providing both

functions (England & Wales).

Criminal Records Checks:

What has changed?

• Merger of CRB and ISA into Disclosure &

Barring Service (DBS)

• Proposed VBS abandoned

• Controlled Activity repealed

• No ‘Additional Information’ provided by Police

• Tightened, more consistent approach to

‘relevancy’ test by Police.

Criminal Records Checks:

What has changed?

• Revised definition of Regulated Activity

(frequency, intensity of contact and supervision)

• Revised (reduced) eligibility criteria (under 16s

excluded, number of roles/titles reduced)

• Two tiers of checks (with or without Barred List

status)

• Applicant only disclosure

• Online status check service

Definition of ‘Regulated Activity’

(from 10 September 2012) contact with children that is:

Types of activities

eg teaching, training, instructing,

caring for, supervision, providing

advice/guidance on well-being, or

transport specifically for

children

(Excludes supervised individuals*)

or

“Regularly”

once a week or more

4 or more occasions in a

period of 30 days

Overnight: between 2 - 6am

* Such day to day supervision as

is reasonable in all the

circumstances for the purpose

of protecting any children

concerned - Sector specific

guidance on supervision

In a limited number of specified

places

eg schools, children’s homes &

childcare premises.

(Excludes supervised volunteers*)

and

Regulated Activity (RA) from 10 September 2012

Revised RA def’n.

Eligible for DBS

check and a barred

list check which

is/will become a

legal requirement.

Permits DBS checking of those

formerly in (but now not in) RA -

but not a barred list check

Checks for both groups can be

for work with children, adults

at risk (formerly vulnerable

adults) or both

Roles that

never met

eligibility

criteria for

checks

Regulated Activity

Will (soon) be a legal requirement for

employers to check the barred list before

any individual begins work in Regulated

Activity – not to do so will be an offence.

Most sports organisations are already

complying with this

Additional eligibility for DBS disclosure

(without Barring List check):

Rehabilitation of Offenders Act (Eligibility Code 06)

‘Any position which otherwise involves regularly caring

for, training, supervising or being solely in charge of

children.’

This code allows an organisation to determine ‘regularly’ and judge

what is sensible

Eg Annually is not enough to justify but 6 times over the summer or

once a month may present a degree of regularity to meet this

eligibility code.

All clear so far?

Disclosures issued to applicants only

• Since May 2013

• Employers retain right/responsibility to require sight of

disclosure where role is eligible

• Retain responsibility to risk assess disclosure

information

• Centralised system recommended

• Requires adjustments to recruitment processes/systems

(eg timescales; arrangements to receive and return

disclosures).

Online Disclosure Status Checking Scheme

• Annual service requiring individual’s subscription (within two weeks

of issue of DBS disclosure)

• Free for volunteers

• Provides option for individual to give any eligible employer ability to

check status of DBS disclosure

• Status check undertaken electronically

• Outcome describes changes (or not) to disclosure – not what new

information is

• Changes prompt organisation to undertake new DBS check

• Organisations need to decide to require use of scheme, not to use

scheme, or optional for staff/volunteers.

Revised definition of RA for Adults Those who provide:

• Healthcare: if they are a regulated healthcare professional or are

acting under the direction or supervision of one, for example doctors,

nurses, healthcare assistants, physiotherapists (not First Aiders)

• Personal Care: assistance with washing and dressing, eating,

drinking and toileting or teaching someone to do one of these things

• Social work: provision by a social care worker of social work which

is required in connection with any health or social services.

Revised definition of RA for Adults • Assistance with a person’s cash, bills or shopping because of their

age, illness or disability

• Assistance with the conduct of an adult’s own affairs for example

lasting or enduring powers of attorney or deputies appointed under

the Mental Health Act

• Conveying adults for a reason of age, illness or disability to, from, or

between places where they receive health care, personal care or

social work (not friends or taxi drivers)

There is no longer a requirement to do these activities a certain number

of times before a person is engaging in RA.

Implications for organisations may

include….

• Update policies

• Review roles

• Decide on use of On-line Status Check

• Consider existing and new staff (include supervision

element)

• Impact on recruitment policies/procedures (eg no RA

work unless barred list checked)

• Accessing single certificate in timely manner

Why is understanding and implementing

changes important?

Risks to organisation:

• Reputational damage

• Deregistration by DBS

• Prosecution (knowingly ignoring legal

requirements)

Useful contacts:

www.thecpsu.org.uk

www.gov.uk/dbs

www.sportandrecreation.org.uk