1. The Disclosure and Barring Service Taxi and PHV licensing conference Thursday 19 March 2015 Presented by:Ian Johnston - Director for Operations (Disclosure) Helen Chandler – Senior Operational Policy Manager

2. What will we cover DBS – who we are and how we support safeguarding DBS checks for Taxi and PHV Licensing DBS checks for driving contracts Referral and Barring The Update Service Future improvements 2

3. DBS – Who we are Purpose We protect the public by ensuring that balanced suitability decisions are made on the right information Mission To be the Government’s Centre of Excellence for suitability information 3

4. The Big Picture and How DBS fit in 4 Recruitment And Selection Make Appropriate Referrals Strong Policies In Place DBS Checks And Update Service Risk Assessment Ongoing Monitoring of Staff

5. Our Services Standard DBS check Enhanced DBS check Online Tracking Consider referrals and make barring decisions Maintain Children’s and Adults’ Barred Lists Update Service 5

6. Disclosure: To assist organisations to make balanced suitability decisions 6 Only available where an organisation is entitled to ask an individual about spent convictions (the exempted question) under the Rehabilitation of Offenders Act 1974 (exceptions) Order 1975 To be able to request an enhanced check the role must also meet one of the criteria set out in Police Act Regulations – SI 233/2002 as amended Two levels of DBS check Standard Enhanced (including a check of one or both barred lists where eligible)

7. Taxi and PHV Licensing What level of check can be requested? Enhanced DBS Check Which workforce Other Which Lists Child and Adult Why Licensing is a specific reason for requesting a check. It is set out in law and it does not fall under regulated activity or under the child and adult workforce. 7

8. Driving Children under a contract What level of check can be requested? Enhanced DBS Check Which workforce Children Which Lists Child Why Driving a child under a contract or similar arrangement is considered to be regulated activity, regardless of whether or not the driver is a licensed taxi or PHV driver 8

9. Driving Adults under a contract What level of check can be requested? Enhanced DBS Check Which workforce Adult Which Lists None Why Driving adults is not considered to be regulated activity but is included in work with adults if the adults are receiving a health or social care service and the driving is done regularly 9

10. How can the information be used? The information provided on a DBS check requested for licensing purposes may be used as part of your suitability decision to award a licence. The information provided on a DBS check for a specific workforce may be used to decide whether or not that person is suitable to enter into a contract to drive that specific group You must not allow anyone who you know to be barred from the children’s workforce to enter into a contract to drive children. The bar applies to regulated activity only. 10

11. Referral & Barring: To help prevent unsuitable people working with vulnerable groups including children 11 Receive and Consider Referrals –Automatic barring referral With or without representations –Disclosure referral –Discretionary referral Make Barring Decisions Manage Barred Lists for England & Wales and Northern Ireland

12. Do we have to make referrals? Yes, if you remove someone from a contract driving children because they have harmed or posed a risk of harm then you must make a referral to the DBS. If you are not sure, contact us and we will help you with the process. If we don’t know about a person, we can’t make a decision about them. 12

13. DBS Barring Key points A barred person must not seek, offer or engage in regulated activity with a group they are barred from An organisation must not knowingly engage a barred person in regulated activity with a group they are barred from 13

14. Organisations and employers can check online, free of charge with the individual’s consent – the certificate must be at a level that you are able to check and for the correct workforce The Update Service 14 Those making the check will be advised: That no new information exists If the original certificate contained ‘no relevant information’ That new information exists That there is no record of the certificate in the service RESULT

15. New information exists... What next? 15 This will ensure that where you have a member of staff in post with new information who has chosen not to share this with you, you will be able to access the new information and make an informed decision with minimal delay If you are still considering employing the individual, or they are still working for you, you should discuss the outcome with them and request a new DBS certificate. If the certificate was requested as a result of an update service check, organisations may in certain circumstances request a copy of the check

16. The Update Service Benefits Re-check when you need to with the individual’s consent Cheaper than a 3 yearly re-check Faster results – you will know instantly if there is no change or if you need to get a new certificate 16

17. DBS online improvements Future access to DBS online, will provide a secure online gateway to all DBS services improving the speed and quality of application processing and checks allow individuals to create accounts and grant access to relevant individuals accessible by PC, Tablet or Smart Phone provides real-time access to DBS information on individuals for employers once access has been granted by the employee. 17 What can you expect

18. How you can help DBS Checks – apply for the appropriate level for the role Referrals – remember your legal duty to send us the right information at the right time Make use of our online services –Website – read our information sheets –Online Tracking - Make applicants and employees aware of their application form reference number –Application guidance – use it to avoid unnecessary delays 18

19. Useful information Disclosure and Barring Service – All you need to know https://www.gov.uk/government/organisations/disclosure-and-barring-service Department of Health Factsheet: Regulated Activity – Adults – September 2012: https://www.gov.uk/government/publications/disclosure-and-barring-service Department for Education: Factual Note on Regulated Activity - Children and Supervision guidance: http://www.education.gov.uk/childrenandyoungpeople/safeguardingchildren/a0 0209802/disclosure-barringhttp://www.education.gov.uk/childrenandyoungpeople/safeguardingchildren/a0 0209802/disclosure-barring Home Office statutory guidance on police information: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/1 18017/statutory-disclosure-guidance.pdfhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/1 18017/statutory-disclosure-guidance.pdf 19

20. Thank you policyteam@dbs.gsi.gov.uk 20