1. Criminal Records Checking
Salford CVS
Now changed to Disclosure and Baring Service

2. Criminal Records Checking
Soham Murders and Crimes like it have been the momentum for the build up of practice and legislation to protect the vulnerable which is called Safeguarding.

3. Criminal Records Checking
Legislation
Before an Employer considers asking a person to make an application for a DBS check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.
The ground zero on this is the Rehabilitation of Offenders Act(ROA) 1974 – a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking is listed as an exception under the act

4. Criminal Records Checking
Police Act 1997
Part V of this act brought forward the provisions of the Criminal Records access that we have today.
Introduction of the CRB certificate
Creation of the Criminal Records Bureau (CRB)
The concept of Enhanced checks
In March 2002 the first CRB certificates were issued, plus the CRB Code of Practice was issued giving guidance and rules to who and how people should be checked

5. Criminal Records Checking
Safeguarding Vulnerable Groups Act 2006
In part a reflection on recommendations coming from the Bichard Inquiry into the Soham Murders:
Introduction of the concept of constant vetting for working with vulnerable groups (ISA registration scheme)
Creation of the Independent Safeguarding Authority (ISA)
Established legal requirement to be checked in certain ‘regulated’ roles
In July 2010 the ISA registration scheme was put on hold and eventually abolished with the Protection of Freedoms Act 2012

6. Criminal Records Checking
Protection of Freedoms Act 2012
In part a reflection of recommendations based in ‘A common sense approach’ by Sunita Mason - Part V of this act sees:
Change in who should be CRB checked (roles, age, etc.)
Creation of a new organisation the Disclosure and Barring Service (merger of CRB & ISA)
Change in who receives a certificate
Start of change on what appears on a certificate (removal of certain historic crimes, new evaluation of local information)

7. Criminal Records Checking
Court of Appeal Judgement 2013
In Feb 2013 Court found that the disclosure of all cautions and convictions on DBS certificates an infringement of article 8 of the Human Rights Act – the right to a private life:
Legislative change to what appears on a certificate
New Filtering system to be used to decide what needs to be declared
Change in terms of the ROA (Exceptions) Order in terms of what you can ask an employee to declare

8. Criminal Record Checking
Criminal Record Filtering
This was introduced in May 2013
“Filtering” aims to establish what is old/minor
Change in what criminal activity appears on the Disclosure Certificate
List of over 700 specified offences that will always stay on (Murder, Rape, Sexual Assault, etc.)
A prison sentence over 4 years will never be filtered
Offences eligible for filtering are:
Common Assault, drunk and disorderly conduct,harassment, theft (no violence), motoring offences, drugs that involve possession
DBS Update Service—Certificate portability
In the spring the DBS will be launching the much anticipated ‘Update Service’ this is a service that will allow applicants to register with the DBS and in turn that allows employers to check on line that their DBS certificate (that needs to be presented to the employer) is still valid and up-to-date.
The service will be free of charge for registering volunteers and for paid staff the cost for registration are estimated to be £10. There is no exact date for this service going live, but one of the consequences of the change will mean that applicants only will receive a copy of the CRB certificate, so your processes will need to change accordingly to reflect this.

9. Criminal Record Checking
What is the difference between spent and unspent convictions?
Unspent is regarded as the time of disposal/length of sentence and the length of time after the disposal/length of sentence that would be considered a rehabilitation period
Spent is regarded as the time after the rehabilitation period
The rehabilitation period can vary according to the nature and length of the conviction and the age of the convicted at the time

10. Criminal Records Checking
Timescales for spent convictions
Sentence in prison of over 4 years is never spent
Sentence > 6 months < 30 months = sentence + 7 years
Sentence < 6 months and less than 30 months =sentence + 4 years
Less than 6 months = sentence + 2 years
Fines = 1 year but under 18 = 6 months
Probation order or community order = length of order + 1 year
Conditional discharge = Length of order
Absolute discharge = none spent immediately
Cautions, Warnings, Reprimands = Spent upon issue

11. Criminal Records Checking
Rules around DBS checking
There are specific rules in relation to the Criminal Record Checking process these are based in legislation and the DBS ‘Code of Practice’ – Some inspectorate regime (Ofsted) also have rules that require following.
Has to be a specific eligible role and employer* (ROA – Exceptions Order 1975)
Applicant has to be 16 or over
Needs to go through a ‘registered body’
Does not have an expiry date

12. Criminal Records Checking
Rules around DBS checking
Has specific rules around the definition of a volunteer – “A person who is engaged in any activity which involves spending time, unpaid, doing something which aims to benefit someone other than, or in addition to close relatives”
Has a defined process for application
It is a transaction, free checks are subsidised by paid checks
Can not be applied for speculatively – there must be an eligible role, task or activity

13. Criminal Records Checking
How many types of DBS checks are there?

14. Criminal Records Checking
Type of DBS checks
Basic Check (disclosure Scotland)
Standard DBS Checks
Enhanced DBS check
Enhanced DBS check with Children and/or Adult barred list check(s)

15. Criminal Records Checking
Basic Checks
Processed through Disclosure Scotland £25.00
Can be done on any employee
Checks against the Police National Computer (PNC)
Only shows unspent criminal convictions

16. Criminal Records Checking
Standard Checks
Positions included in ROA exception order
Discloses spent and unspent convictions held on the PNC*
Mainly for stated excepted job roles that do not require extensive or specific contact with vulnerable groups
Available to check those that work directly and regularly with the vulnerable and children but do not meet the criteria for ‘Regulated activity’
E.G. – Revenue and customs officers, people applying for licences to sell alcohol, Vets, Chartered Accountants, Legal Executives…….
*subject to filtering
Need a list of occupations

17. Criminal Records Checking
Enhanced checks
Positions included in ROA exception order and Police Act Regulations
Discloses spent and unspent convictions held on the PNC* plus information held on local police files
For job roles that do not fall into the definition of regulated activity but were regarded as such under the previous rules
For job roles who work directly and regularly with the vulnerable and children (E.G. – Supervised school volunteer, Course teachers for vulnerable adults……etc)
Does not check against barred lists
Element of choice as opposed to ‘must check’
*subject to filtering

18. Criminal Records Checking
Enhanced check with Barred List checks
Positions included in ROA exception order and Police Act Regulations and must meet the definition of Regulated Activity
Discloses spent and unspent convictions held on the PNC*(subject to filtering) plus information held on local police files. In addition records check against ISA barred lists
E.G. – All regulated activity roles
Some extra positions included (Fostering and Adoption roles, Leadership roles)

19. Criminal Records Checking
Definition of Regulated Activity - Adults
Regulated Activity is about activity (not job titles) and if any adult requires regulated activities they will be considered vulnerable at that time – no label as a ‘Vulnerable Adult’ because of characteristics or circumstance
6 categories of Regulated Activities for Adults
No frequency test for activity – doing activity once triggers

20. Criminal Records Checking
Definition of Regulated Activity - Adults
Providing healthcare
Providing personal care
Providing social work
Assisting with general household matters (paying bills)
Assisting in conduct of people’s own affairs (legal)
Conveying adults to, from or between places where they receive regulated activities
Managing the above staff who are in regulated activity

21. Criminal Records Checking
Definition of Regulated Activity - Adults
Provide Healthcare
Includes psychotherapy, counselling and first aid but does not include workplace first aiders, members of peer support groups or life coaching
Provide Personal Care
Physical assistance with food, going to the toilet, washing or bathing, dressing, oral care or skin care, nails or hair (but not hair cutting) because the adults age, illness or disability – including those that instruct, train, supervise or advise on the above

22. Criminal Records Checking
Definition of Regulated Activity - Adults
Provide Social work
Includes those that manage or supervise any person engaging in regulated activity
Assist with general household matters
Assist with managing cash, paying bills, shopping on their behalf due to a person’s age, illness or disability
Assisting in the conduct of people’s own affairs
Advocacy, legal representation

23. Criminal Records Checking
Definition of Regulated Activity - Adults
Convey adults to, from, or between places where they receive regulated activity
Includes hospital porters, patient transport service drivers and assistants, ambulance technicians and emergency care assistants

24. Criminal Records Checking
Definition of Regulated Activity - Children
3 areas of definition relating to children
What they do (activities)
Where they work (establishments)
Who they are (specified positions)

25. Criminal Records Checking
Definition of Regulated Activity – Children
The same areas as adults plus
3 areas of definition relating to children
What they do (activities)
Unsupervised activities: teach, train, instruct, care (all forms) for or supervise children, or provide advice/guidance, moderate a public electronic interactive service or drive a vehicle only for children (brings in taxi services)
Carried out on a frequent, intensive or overnight basis*
A reasonably supervised person doing the above is not engaging in regulated activity
*frequent is more than three times per month on an on-going basis, intensive is more than 3 times in a month, overnight is between 2am and 6am

26. Criminal Records Checking
Definition of Regulated Activity - Children
3 areas of definition relating to children
Where they work (establishments)
Schools, nurseries, childcare premises, children’s homes and children’s centres
Carried out on a frequent, intensive or overnight basis
A reasonably supervised volunteer doing the above is not engaging in regulated activity, however paid employment working in these establishments is classed as regulated activity

27. Criminal Records Checking
Definition of Regulated Activity - Children
3 areas of definition relating to children
Who they are (specified positions)
Registered Childminders
Foster Carers (plus adults living in the same household)
Managers or Supervisors of people carrying out Regulated Activity related to children

28. Criminal Records Checking
Who qualifies for Enhanced checks without barred list checks?
Those in non-regulated work but qualified under the old rules (e.g. reasonably supervised volunteers in schools, reasonably supervised workers at youth clubs, sports centres, trainers and supervisors of vulnerable adults etc.)
Not those in ‘Controlled Activity’ this has been abolished (staff with access to records, on-site non direct or face-to-face workers )
Those who don’t meet the frequency tests

29. Criminal Records Checking
Common Errors
People make assumptions on who requires a DBS check and so request a check to be on the safe side – It is illegal to DBS check somebody who is not eligible due to their role
Checking people who do not meet the frequency test e.g. one off volunteering.
Checking people who’s role is with the general public not a specific client group e.g. receptionists, library assistants
People can’t arrange their own checks – a DBS check belongs to the employing organisation not the individual applicant and can only be processed for specific roles. Checks can’t be done speculatively “I am thinking of volunteering with children, so I best get a DBS check done on myself”

30. Criminal Records Checking
Identity Documents
September 2012 saw the revised listing of approved documents and how they can be used
4 possible combinations
Route 1 – 3 items, 1 must be from Group 1
Route 2 – 3 items, 1 must be from Group 2a plus external ID validation check (additional charge) 2 from 2a or 2b
Route 3 – 5 items, 1 must be UK birth certificate – 4 from 2a or 2b
Route 4 – No ID, must have fingerprints and photographs taken by police

31. Criminal Records Checking
Do’s & Don’ts
Do ensure that you see identity documents that confirm name, age and address of the applicant
Do take control over your application process, insisting that the applicant conforms to the rules
Don’t complete section Y this is for the registered body only
Do remind the applicant that they will need to bring their certificate into the appropriate person to see it, in order to be approved to work

32. Criminal Records Checking
The Update Service
Summary
The ‘Update Service’ is a new subscription service that lets individuals keep their DBS Certificates up-to-date so they can take it with them when they move jobs or roles.
You, as an employer, can then carry out free, online, instant checks to see if any new information has come to light since the Certificate’s issue – this is called a Status check.

33. Criminal Records Checking
The Update Service
For Applicants
DBS certificate registration scheme
Allows you to keep your certificate ‘up-to date’
To take it with you from role to role in the same workforce
Easy to join, easy to manage
Yours is the only certificate
Free for Volunteers
£13 per year for Non-Volunteers

34. Criminal Records Checking
The Update Service
For Employers
DBS certificate checking system
Allows you to check online the validity of a registered DBS certificate
Easy to use, easy to understand
Online check is free to access

35. Criminal Records Checking
The Update Service
Benefits
Save you time
One certificate maybe all you need
May be able to take it from role to role
You are in control of your certificate – it’s yours
Online checks of DBS certificates is quick
Potential reduction in number of application forms to complete over time
Savings in time and costs
Less Bureaucracy

36. Criminal Records Checking
The Update Service
How do I join?
Via
Join with application form number or DBS certificate number (within 14 days of issue)
Some personal details* (full name, date of birth, etc.)
Answer whether it is a volunteer position (?)
Make payment / set up subscription
*the information must match that on the certificate and so amendments to the certificate post joining must also be amended on the account

37. Criminal Records Checking
The Update Service
How to conduct a Status Check
Establish your right to check and get consent
Go to and search for DBS Update Service – bookmark the link
Enter organisational details and name details
Enter DBS certificate information
Agree with legal declaration
Receive online result

38. Criminal Records Checking
The Update Service
How to understand the result of a Status Check
You will receive one of four results
This Certificate did not reveal any information and remains current as no further information has been identified since its issue.
This Certificate remains current as no further information has been identified since its issue.
This Certificate is no longer current. Please apply for a new DBS check to get the most up-to-date information.
The details entered do not match those held on our system. Please check and try again.

39. Criminal Records Checking
The Update Service – things to consider
The applicant can see who has checked their certificate and how often (from their account) So recheck fairly!
You should consider how you organise your consent policy and your status check frequency process
Encourage staff to subscribe or consider paying for their subscription when it is time for their DBS recheck
Check policies are up to date and in line with the changes
Be prepared to run a multi-faceted process – it’s a choice to join