DBS Policy 2022

Disclosure and Barring Service Policy

 

Policy Statement

 

As an organisation using the Disclosure & Barring Service (DBS) checking service to help assess the suitability of applicants for positions of trust, Play Inclusion Project complies fully with the Code of Practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information. It also complies fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of certificate information.

 

All prospective staff and volunteers must undergo an Enhanced Level Disclosure and Barring Service check following interview.  All Management Committee Members must undergo a Standard Level Disclosure and Barring Service check. All voluntary and paid positions are offered subject to satisfactory Enhanced Level DBS clearance. Any individual refusing to undergo an Enhanced Level DBS check will be unable to be involved with Play Inclusion Project.

 

Storage and access

 

Certificate information is never kept on an employee’s or volunteer’s personal file and is always kept separately and securely, by the Charity Manager, with access strictly controlled and limited to those who are entitled to see it as part of their duties. Play Inclusion Project maintains a record of all those who have applied for a DBS check and for whom certificates or certificate information has been revealed and we recognise that it is a criminal offence to pass this information to anyone who is not entitled to receive it.

 

Handling

 

In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. Information on DBS Disclosures will be kept confidential by those authorised to receive it. 

 

Usage

 

Certificate information is only used for the specific purpose for which it was requested and for which the applicant's full consent has been given.

 

Retention

 

Play Inclusion Project will keep a photocopy of all employee and volunteer DBS certificates for 6 months, this is to allow for the consideration and resolution of any disputes or complaints. If in very exceptional circumstances it is considered necessary to keep the DBS Disclosure information longer than six months Play Inclusion Project will consult the DBS and give full consideration to Data Protection and the individuals Human Rights before doing so. The usual conditions of storage will apply. 

 

If there are any documents relating to decisions following a DBS Disclosure being received with information detailed on it, they will be filed with the individuals DBS Disclosure and be stored, accessed and destroyed under the same conditions.

 

Disposal

 

Once the retention period has elapsed, Play Inclusion Project will ensure that any DBS certificate information is immediately destroyed by placing it in the Shred-It bin (further information can be found in the Shred-It Policy).  However, notwithstanding the above, Play Inclusion Project will keep a record of the date of issue of a certificate, the name of the individual and the unique reference number of the certificate.

 

Procedure

 

• Activity Coordinators will complete an ID Verification form during interview which will be used to verify the applicant’s identity.

• The applicants name, email address and ID Verification form will be passed to the Charity Manager.

• The Charity Manager will input the applicants name and email address into the Care Check system which will generate an invitation to submit a new criminal record check application online

• Applicants will be asked to disclose any non-conviction information that may be related to their suitability in the Application Form B which supplements the DBS check.

• All applicants must provide information in line with the requirements of the DBS form, all mandatory fields on the form must be completed.

• Documents that provide proof of an applicant’s identity are required.  Applicants are required to follow Route 1 of the identity checking guidelines wherever possible.  If applicants cannot provide the documents required for Route 1, Route 2 must be followed. If documents required for Routes 1 or 2 cannot be provided Route 3 should be followed.  Route 3 can only be used when it is impossible for Routes 1 and 2 to be used.

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Identity Checking

 

• you must only accept valid, current and original documentation.

• you must not accept photocopies.

• you must not accept documentation printed from the internet e.g. internet bank statements.

• you should in the first instance, seek documents with photographic identity (e.g. passport, new style driving licence, etc.) and for this to be compared against the applicant’s likeness.

• all documents must be in the applicant’s current name.

• one document must confirm the applicant’s date of birth.

• you must ensure that the applicant declares all previous name changes, and provides documentary proof to support the change of name. If the applicant is unable to provide proof to support the change of name, you should hold a probing discussion with the applicant about the reasons why before considering to validate their identity

• you must see at least one document to confirm the applicant’s current address

• a document from each of the groups should be included only once in the document count e.g. don’t accept two bank statements as two of the required documents, if they are from the same bank.

• you should not accept the foreign equivalent of an identity document if that document is listed as ‘(UK)’ on the list of valid identity documents.

• If individuals have spent long periods of their life abroad or have had little residence in the United Kingdom applicants may need to be fingerprinted. 

• A copy of the Recruitment of Volunteers with a Criminal Record Policy will be given to applicants on request. 

 

Validating an Applicants Identity

 

• Once the applicant has completed their part of the DBS form the Charity Manager will receive an email to say the applicants identity needs to be verified.

• The Charity Manager will input the data collected on the Identity Validation form and also complete the DBS form. 

 

Citing and Clearance

 

• All applicant will receive their own copy of the DBS clearance directly from the DBS office.  The lead signatory must then cite the DBS for clearance. 

• The lead signatory will record the DBS number, the date received by the applicant and will cross reference the details on the DBS form with those recorded in Application form B

• An enhanced disclosure will contain details of all convictions held.

• Where the information on Application form B matches that on the DBS form the application form B will be placed in the Shred-It bin for safe disposal.

 

Dealing with Convictions

• Play Inclusion Project operates a formal procedure if a DBS check is returned with details of convictions. Consideration will be given to: 

  • ​the nature, seriousness and relevance of the offence 

  • ​how long ago the offence occurred

  • one-off or history of offences

  • changes in circumstances

  • rehabilitation and remorse

• A formal meeting will take place face-to-face to establish the facts with the Charity Manager. A decision will be made following this meeting.

• When assessing the relevance of convictions to employment or volunteering Play Inclusion Project will consider the following about a person’s offences - 

  • ​Fraud/Theft - as the post does not involve direct access to money or property and as volunteers work within groups and never alone and supervision given is high, this conviction will not go against an application.

  • Driving offences - as volunteers are not permitted to transport children unless specifically requested and risk assessments are carried out, this conviction will not go against an application.

  • Offences involving violence/threatening behaviour (excluding specified schedule four offences) - each case will be considered individually. A decision will be made by the Charity Manager in consultation with the Management Committee.

  • Sexual offences - a person with these offences would never be considered   for volunteering or employment with Play Inclusion Project.

• A disclosure of criminal convictions will not necessarily exclude a person from volunteering or employment. However, if the conviction is a specified Schedule Four Offence then the person would be rejected as a volunteer or member of staff. See below – ​

  • ​murder or manslaughter

  • rape or burglary with intent to commit rape

  • grievous bodily harm

  • cruelty to children

  • kidnapping, false imprisonment and abduction

  • indecent assault on a man or a woman

  • sexual intercourse with a child under 13

  • intercourse with a girl between 13 and 16

  • buggery with a child under 16

  • indecency between men

  • abuse of trust

  • incest and related offences

  • assault with intent to commit buggery

  • indecency with children under the age of 14

  • offences relating to or encouraging child prostitution

  • offences relating to child pornography

• If the DBS Disclosure shows the applicant is registered on the Dfes List 99, the PoVA List, the PoCA List or the National Assembly of Wales List they are banned from working with children and/or vulnerable adults and it is an offence for them to apply for voluntary work with children and/or vulnerable adults and for us to take them on as a volunteer. If the situation arises the Charity Manager will contact the local police for guidance.

• If there are any documents relating to decisions following a DBS Disclosure being received with information detailed on it, they will be filed with the individuals DBS Disclosure and be stored, accessed and destroyed under the same conditions.

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Rehabilitation of Offenders Act 1974

 

As we work with children and vulnerable young people, we are exempt from the Rehabilitation of Offenders Act 1974 so prospective volunteers and staff are required to disclose, when given the opportunity, details of cautions, reprimands, final warnings and spent and unspent convictions. They are also asked to give details of current police enquiries following allegations against them and pending prosecutions. This information will be stored with the individuals DBS clearance and be stored, accessed and destroyed under the same conditions.

 

If a volunteer or member of staff is aware of any police enquiries and/or pending prosecutions following allegations against them or receives a caution, reprimand, final warning or conviction while they are currently volunteering/working they must inform the Charity Manager immediately. Failure to do so could result in disciplinary action. 

 

Rechecking Staff and Volunteers

 

Existing volunteers and staff must complete a new DBS application two years.