View
74
Download
1
Category
Tags:
Preview:
DESCRIPTION
The presentation delivered by Nick Slin of the Child Protection in Sport Unit at the March 2014 Tyne & Wear Sport Network Briefing
Citation preview
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• Controlled Activity repealed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
Recommended