Ysgol Gynradd Brynford CP Brynffordd School Brynffordd Brynford Treffynnon Holywell Sir y Fflint Flintshire CH8 8AD CH8 8AD 01352 713184 01352 713184 [email protected] ‘Every child, every chance, every day’ ‘Pob plentyn, pob cyfle, pob dydd’
DBS CHECKS PROCEDURE
Policy Number Date Reviewed Date of Next Review
YBGP14 March 2019 March 2022
POLICY
1. INTRODUCTION
2. DEFINITIONS
3. SUBSTANTIAL ACCESS
4. RE –CHECKING
PROCEDURE
5. OPERATIONAL PROCEDURE
6. VOLUNTEERS
7. DISCREPANCIES AND DISAGREEMENTS
8. PORTABILITY OF DISCLOSURES
9. STORAGE AND DESTRUCTION OF RECORDS
APPENDIXES
A = ACTIONS ON DISCLOSURE (EXISTING EMPLOYEE)
B = CHECKLIST TO REVIEW AND RECORD DECISION
C = STORAGE & DESTRUCTION OF RECORDS
POSITION STATEMENT
1. Introduction
❖ The School has a duty to ensure the suitability of all those it employs in whatever capacity. As part of recruitment vetting procedures the County Council uses Disclosure and Barring Service (D.B.S) checks where appropriate and subsequently makes a decision regarding the employment of that person by the Council. A D.B.S check is based on the Rehabilitation of Offenders Act Exceptions Order 1975 providing a Disclosure of convictions. ❖ This policy sets out a procedure to ensure that all information is considered when re-checking employees and that all decisions are both safe and fair. ❖ The main purpose of this policy is to ensure the safety and protection of children.
2. Definitions ❖ The arrangements outlined in this policy document concern the procedures for processing Disclosure and Barring Service Disclosures on the criminal background of certain categories of people who:
• are employees of the school, • or volunteers directly engaged by the School; • are in work which will give them substantial unsupervised access, on a sustained or regular basis to children or vulnerable adults. • are on the school’s Governing Body
❖ A “child” is someone who is under 18 (under 16 if the child is employed).
❖ There are two levels of Disclosure:
i) Standard Disclosure
ii) Enhanced Disclosure
❖ An Enhanced Disclosure will be applied to all posts which involve regularly caring for, training, supervising or being in sole charge of persons aged under 18. An enhanced Disclosure will contain the following information:
▪ details of convictions “spent” under the Rehabilitation of Offenders Act ▪ cautions at national level ▪ information from local police records including relevant non-convictions information ▪ whether the individual is included in any national lists eg List 99.
3. Substantial Access
❖ All posts within school are subject to an Enhanced Disclosure. ❖ Post holders CANNOT undertake duties until a DBS check is completed.
4. Re-Checking every 3 Years
❖ This school is committed to ensuring all employees etc requiring a Disclosure will be re-checked every three years ❖ If information is disclosed upon re-checking an employee, disciplinary action may be taken as appropriate. See Actions on Disclosure (Existing Employee), contained in Appendix A.
2 PROCEDURE
5. Operational Procedure
❖ D.B.S Applications must be taken in person by the member of staff to the Headteacher along with the original documents listed below:
• A birth certificate • Evidence of change of name, • A passport, photo card driving licence or a paper driving licence. • At least two documents are also required as proof of current address e.g. utility bills or bank/credit card statements.
❖ The school administrator (Mrs N Prytherch) or Mrs Shickell as designated counter signatories, will check the application form for errors before submission. The counter signatory will complete Sections W & X of the application to confirm that the originals have been seen, as well as putting crosses in the ‘registered body use only’ boxes on pages 2 & 3, before sending the document to the Education Staffing Section.
What will happen if a criminal record is revealed on a Disclosure?
❖ Disclosures will be returned to the Director of Education and Children’s Services, and Recreation who will make an assessment. Past convictions will not necessarily be a bar to continuing employment. However, a criminal record or the failure to disclose convictions, could result in disciplinary action. ❖ Where the Disclosure shows previous conviction, cautions, additional adverse information from the local police or inclusion on the Department of Health Protection of Vulnerable Adults (POVA) or Department for Skills and Education (DfES) lists, the Director of Education and Children’s Services and Recreation, or his/her representative, will consider the factors highlighted on the Checklist and Record of Decision form contained in Appendix B. ❖ The Director of Education and Children’s Services and Recreation, or his/her representative, in consultation with the Headteacher (or Chair of Governors where the Headteacher is the subject) will record a decision on the employment. In difficult cases the Director of Education and Children’s Services and Recreation, or his/her representative, may take professional and legal advice before reaching a decision. It may also be necessary to seek further information from the applicant, such as the circumstances of the offence. Once the decision has been made it will be recorded on the Checklist and Record of Decision form – Appendix B and a copy retained. ❖ The Director of Education and Children’s Services and Recreation, or his/her representative, will take into account the Rehabilitation of Offenders Act 1974, the Protection of Children Act 1999, the Criminal Justice and Court Services Act 2000 and the Care Standards Act 2000 when making the decision. ❖ Repeated failure to return the D.B.S forms within a specified time will result in disciplinary action. ❖ The school is committed to re-checking the Disclosure of all employees every three years. All existing employees will be subject to this, including any employees that were in post before the requirement for a Disclosure was in place. Disciplinary action will be taken against employees who do not comply with this requirement. If a Disclosure reveals a previously unknown offence or additional information, Disciplinary action may be taken as appropriate. See Appendix A for details. Flintshire County Council will notify Headteachers of employees requiring re-checking at least 8 weeks in advance of the expiry date.
6. Volunteers ❖ Any individual who has regular unsupervised contact with children will also be subject to re- checking. Examples of volunteer work could include a classroom helper or someone who accompanies children on school trips, if unsupervised or on an overnight stay. 7. Discrepancies and Disagreements ❖ An employee who, having received a copy of their Disclosure, believes the information to be incorrect and who wishes to make representations to the police, should do so by contacting the D.B.S National Disclosure dispute line on 0870 9090 778. 3 ❖ The employee may also contact the D.B.S Adviser/Assistant responsible for criminal record checks within the Education Staffing Section and inform them that this is happening. In some circumstances, for example if there appears to be mistaken identification the police may be prepared to take the fingerprints of the applicant – if he or she so wishes – to resolve the matter.
8. Portability of Disclosure and Barring Services
❖ Portability refers to the re-use of a D.B.S, obtained for a position in one organisation and later used for another position in another organisation. This practice is no longer endorsed by the D.B.S due to the risk factors involved. ❖ In accordance with Flintshire County Council policy, the school will not accept a D.B.S from another organisation.
9. Storage and Destruction of Records
❖ The information the police will provide is of a sensitive and personal nature. It will be used only to judge the suitability or otherwise of a person for the position in question. ❖ The Authority who receives the information will keep it securely while the judgment is being made. See Flintshire County Council’s policy statement Appendix C. Once this has been done, the information will be destroyed by the D.B.S Adviser/Assistant. An indication on the records that a check with the Disclosure and Barring Service has been carried out will be made but will not refer to any specific offences. ❖ Hard copies of any D.B.S correspondence will be kept in lockable, fixed (non-portable) cabinets within the Education Directorate. ❖ School to keep a record of name, issue number, disclosure number and renewal date on SIMS.
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Appendix C FLINTSHIRE COUNTY COUNCIL
POLICY STATEMENT ON THE SECURE STORAGE, HANDLING, USE, RETENTION AND DISPOSAL OF DISCLOSURES AND DISCLOSURE INFORMATION SUPPLIED BY THE CRIMINAL RECORDS BUREAU
1. General Principles As an organisation using the Disclosure and Barring Service (D.B.S) service to help assess the suitability of applicants for positions of trust, Flintshire County Council complies fully with the D.B.S Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. It also complies fully with its obligations under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information.
2. Storage and Access Disclosure information is never kept on an applicant’s personnel file, only evidence of a check having been undertaken e.g. top of Disclosure certificate. Any sensitive information is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
3. Handling
In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosures or Disclosure 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.
4. Usage
Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
5. Retention
Once a recruitment (or other relevant) decision has been made, we do not keep Disclosure information for any longer than is absolutely necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, we will consult the D.B.S about this and will give full consideration to the Data Protection and Human Rights individual subject before doing so. Throughout this time, the usual conditions regarding safe storage and strictly controlled access will prevail.
6. Disposal
Once the retention period has elapsed, we will ensure that any Disclosure information is immediately suitably destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (eg waste bin or confidential waste sack). We will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, we will keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.
5 Appendix B
DISCLOSURE AND BARRING SERVICE- ENHANCED DISCLOSURE.
CHECKLIST FOR MEETING TO REVIEW INFORMATION DISCLOSED AND RECORD A DECISION ON EMPLOYMENT.
SUBJECT NAME:
POSITION APPLIED FOR:
Date of Meeting: Present at meeting: PRINT NAME/TITLE...... 1 Does the post involve one-one contact with children or other vulnerable groups as employees, customers or clients? 2 What level of supervision will the post holder receive? 3 Does the post involve any direct responsibility for finance or items of value? 4 Does the post involve direct contact with the public? 5 Will the nature of the job present any opportunities for the post holder to re- offend in the place of work? 6 What is the seriousness of the offence and it’s relevance to the safety of other employees, customers, clients and property? 7 What is the length of time since the offence occurred? 8 Any relevant information offered by the applicant about the circumstances which led to the offence being committed, for example the influence of domestic or financial difficulties? 9 Was the offence a one-off, or part of a history of offending? 10 Have the applicant’s circumstances changed since the offence was committed, making re-offending less likely? 11 The country in which the offence was committed; some activities are offences in Scotland and not in England and Wales, and vice versa. 12 Whether the offence has since been de- criminalised by Parliament 13 Is there verification of the explanation from other sources e.g. references, D.B.S?
Comments:
Advice from HR or Legal as appropriate.
6 RECOMMENDATION
Having interviewed the above named person, it is my view that the applicant is *still suitable / unsuitable for employment * please delete as appropriate
Signed...... Date......
HEAD OF SERVICE/DIRECTOR
* Agree/disagree that the applicant is still suitable for employment. * please delete as appropriate
Signed...... Date......
PRINT NAME/TITLE...... Once the decision has been made, only the date of the meeting and the decision can be kept on file, details received from Disclosure and Barring Service will be destroyed.
Appendix A
Actions on Disclosure (Existing Employee)
1. If on re-checking an existing employee, or by other means an offence is discovered the following action must be taken:
❖ The Headteacher (or Chair of Governors if the subject is the Headteacher) will be informed by the Director of Education and Children’s Services and Recreation or his/her representative. The Director of Education and Children’s Services and Recreation or his/her representative in consultation with the Headteacher (or Chair of Governors), will complete the Checklist at Appendix B to determine if the employee is still suitable for employment, (copy sent to D.B.S Adviser). In consultation with the Chair of Governors the Director of Education and Children’s Services and Recreation or his/her representative will decide if disciplinary action should be taken against the employee. Suspension will be considered if appropriate to protect children. ❖ Any Disciplinary action will be taken in accordance with the School’s Disciplinary Policy.
2. A refusal by an existing employee to be D.B.S checked will result in disciplinary action being taken.
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