From the Wales Charity Law and Governance Conference 2014.

1. WALES COUNCIL FOR
VOLUNTARY ACTION
CRIMINAL RECORDS UNIT
www.wcva-cru.org.uk  0800 0197 391 
crusafeguarding@wcva.org.uk
SAFER
RECRUITING
for the
THIRD SECTOR

2. The new DBS Update Service
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

3. WCVA Charity Law Conference
SCiP May 2014
The new DBS Update Service
• its benefits
• its use - safeguarding and risk
assessment

4. Background
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

5. Background – SVG & PoF
Balance between upholding civil liberties and
safeguarding vulnerable groups
criminal record checks to be more
proportionate and give the public greater control
over their information.
• transferrable checks
• quicker checks
 recognising that DBS checks are one part of
the wider recruitment process
• trusting employers to make rounded decisions
about who they employ
• checking references and ongoing management
• wider safeguarding approach

6. • CRB & ISA merge to DBS Dec 12
• new definition of regulated activity - focus on work
which involves close and unsupervised contact with
vulnerable groups including children.
• more rigorous ‘relevancy’ test for local police
information and no ‘additional information’
• Enhanced DBS checks for those in regulated activity
include a check against the relevant DBS barring list(s)
• ! individuals in positions that previously fell under the
definition of RA remain eligible for Enhanced DBS
checks but without barring list information (barring list
check)
DBS checks

7. Regulated activity
Regulated activity is work a barred person cannot do
• staff (paid or volunteer) in regulated activity are eligible
for and must be able to produce an enhanced DBS
check with the appropriate barring list check before
commencing the activity.
• an organisation must not knowingly employ someone in
regulated activity who is barred by DBS from working
with the relevant vulnerable group - children or adults
• Offences for both organisation and individual .

8. Update service
.. for volunteers or staff
• DBS applicants can
subscribe to the Update Service
with a new application or DBS
Certificate.
• the individual can then take
their Certificate with them from
role to role where the same level
and type of check are required
and their certificate will be kept
up to date
• can be used by both
volunteers and paid employees
annual subscription cost
£13
BUT
free subscription
for volunteers.

9. Update Service
.. for organisations
• with an individual’s permission, you can go online for
an instant check to find out whether their DBS
certificate is still up-to-date.
• called a status check.
• you do not have to register or subscribe to carry out a
status check – any time, any place, any where
• it is free

10. Benefits
• organisation - reduces rechecks
• volunteer/employee - reduces need
for multiple checks
• instant online results helps speed
up the recruitment process
• less bureaucracy - if have to use
paper route application - then no
more forms!
• …..and especially alongside ebulk
• enhances safeguarding processes
and may help to reduce your risks

11. How Update Service works
…………..for employers
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

12. Status Checks
Online Status Checks
Results
No status
change
certificate
remains valid
and up-to-
date
Status
change
certificate is
no longer
current
With applicant
permission….
.. you can use their
current DBS Certificate
and carry out a free,
online check to see if
any new information has
come to light since its
issue
www.gov.uk/dbs-update-service

13. Status Checking
Carrying out a Status Check is quick and simple
• Your name; your organisation name
Information required for DBS Certificate being checked
• DBS Certificate number
• Current surname of the DBS Certificate holder – shown on their DBS Certificate
• Date of birth of the DBS Certificate holder - as recorded on the DBS Certificate
Results
• Instantaneous
• Individual can see who has carried out a Status Check on their DBS Certificate and
when the check was carried out

14. Status changes
…what
This DBS Certificate did not reveal any information and remains
current as no further information has been identified since its
issue.
• The DBS Certificate when issued was blank i.e. it did not reveal
any information about the person; and
• No new information has been found since its issue and can
therefore be accepted as being still current and valid
This DBS Certificate remains current as no further information
has been identified since its issue.
• The DBS Certificate revealed information about the person; and
• No new information has been found since its issue and can
therefore be accepted as being still current and valid.

15. Status changes
…what
This DBS Certificate is no longer current. Please apply for a new
DBS check to get the most up-to-date information.
• New information has come to light since the DBS Certificate was
issued and you will need to apply for a new DBS check to see
this new information.
The details entered do not match those held on our system.
Please check and try again
• The individual has not subscribed to the Update Service
or
• The DBS Certificate has been removed from the Update Service
or
• you have not entered the correct information!

16. Status changes
…when
For all DBS certificates
• new convictions, cautions,
reprimands or warnings; or
• any amendment or change to a
current conviction, caution,
warning or reprimand.
• filtering
For Enhanced DBS Certificates
• any new, relevant police
information.
For Enhanced Certificates with a
Barred List check(s)
• if the person becomes barred for
that list(s) checked on the
Enhanced Certificate.
!
If the status of a
Certificate
changes…..
….it is no longer
up-to-date.
!

17. Status changes
…how often
When a DBS Certificate
is in the Update
Service…
…DBS will keep it up-to-
date by *regularly
searching to see if any
new information has
come to light since its
issue.
*Criminal record
conviction and barring
information will be
searched for updates on
a weekly basis as this
information can change
frequently.
*Non-conviction
information, released on
relatively few certificates,
changes infrequently and
will be searched for
updates every nine
months

18. comparisons
Repeat application vs. Status Check
Applicant hasn’t subscribed to
the Update Service
Apply for a DBS check
Await Certificate issue to
applicant
Employment decision can be
made
Applicant has subscribed to the
Update Service
Carry out a Status Check
Instant result
Employment decision can be
made

19. Early confirmation check
 You are recruiting into regulated activity
 A Status Check has indicated that the certificate is no
longer up-to-date;
 You need to know if the change came as a result of
your volunteer/employee being placed on either/both
of the DBS Barred Lists.
 You can carry out an early confirmation check with
applicant consent - application form and email DBS
website.
www.gov.uk/dbs-update-service

20. How Update Service works
…………..for applicants
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

21. Applicant Subscription
Joining online is quick and simple
• Your name, gender, date of birth, email address
Information required about your DBS check
• application form, reference number or DBS Certificate number
Payment (if required)
• a card payment for the update service fee, if applicable, is made securely
from your account.
Confirmation
• when your subscription is confirmed make a note of your unique ID and
keep it secure.

22. Subscribing
using form number
Option 1
 subscribe online when
they apply for a DBS
check
 DBS must receive their
form within 28 days of
subscribing
 applicant Certificate will
automatically attach to
their subscription when
it is issued
Option one
Submit an application form
to the DBS
Subscribe online using the
application form number
www.gov.uk/dbs-update-service

23. Subscribing
using certificate number
Option 2
• If an applicant didn’t join at
the same time as applying
for their DBS check
or applied via e-bulk
or on a Welsh application
form
• they can still join within 14
days of the date of issue of
the resulting DBS
Certificate.
Option two
Submit an application form to
the DBS
Receive the Certificate
Subscribe online using the
Certificate number
www.gov.uk/dbs-update-service

24. Safeguarding considerations
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

25. Certificates
The DBS now
issues
certificates to
the applicant
only
Issues
Your feedback?

26. Eligibility and DP
Are you seeing
what you are
entitled to see?
Do you know if
you have the right
level and type of
certificate?
Issues
Your feedback?

27. Other issues
• Subscription - who pays?
• the Update Service will
only check for updates
based on the individual for
whom the check was
carried out – not the home
address where the work is
being undertaken or any
other individuals employed
or living at that address
Issues
Your feedback?

28. To consider
• Ebulk or paper
• DBS online tracking – keep the form ref number
• you must see the original DBS Certificate
• check that it matches your required level
• risk assess any information revealed
• robust ID verification to ensure that the person being
checked is the same person on the actual DBS
Certificate.
• part of your wider safeguarding and recruitment
policies

29. CRU Support
 www.wcva.org.uk  0800 2888 329  help@wcva.org.uk

30. CRU support
• CRU website
• CRU Safeguarding service
• CRU DBS check service
• Online(ebulk)
• Paper
• Help line
Ideas
Your feedback?

31. CRU
Safeguarding service
An holistic approach - safer recruiting as part
of general safeguarding
• DBS statutory duty to refer
• Safeguarding policy and practice
• Safeguarding training
• Safeguarding enquiries
• Embrace a culture of safeguarding and better
understanding of safeguarding and protection
• crusafeguarding@wcva.org.uk

32. CRU website
Supporting third sector organisations and CRU service
users to meet their DBS check and safeguarding
responsibilities
• DBS check advice and guidance – eligibility, member’s
area
• safeguarding information and guidance; self assessment
toolkit
• FAQ’s, “hot topics” and free downloads
• signposting to specialist organisations for specific
safeguarding and criminal record issues
www.wcva-cru.org.uk

33. NEED HELP?
 0800 0 197 391 Helpline 9 am – 5 pm
cru@wcva.org.uk
crusafeguarding@wcva.org.uk
WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB
www.wcva-cru.org.uk

34. DBS Duty to refer
• A regulated activity provider, such as a person
who manages volunteers in a regulated activity
position has a legal duty to refer to DBS
When the two main conditions below have been met:
• ONE : Permanent removal from regulated activity
• TWO: Referring party thinks that the person has either;
– engaged in relevant conduct or
– satisfied the harm test or
– received a caution for, or been convicted of, a relevant offence

35. Harm test
• to satisfy the harm test there needs to be credible
evidence of a risk of harm to vulnerable groups including
children such as statements made by an individual
regarding conduct/behaviour, etc.
• for a case to be considered as a risk of harm, relevant
conduct would not have occurred but there must be
tangible evidence rather than a “feeling” that a person
represents a risk to children and / or adults.
 This is when the second condition has been met

36. Reusing certificates
 A primary school
teacher has an
Enhanced check with
a Children’s Barred
List check for the
Children’s Workforce.
Which other jobs can
she use it for?
–
 Teacher?
 Volunteer child sports
coach?
 Youth group leader?
 Volunteer youth group
helper?
 Adult learning disability
assistant?

37. Reusing certificates
• An adult care worker
has an Enhanced
check with an Adults
Barred list check for
the Adults’
Workforce.
• Which other jobs can
he use it for?
 Adult social worker
 Adult respite nurse
 Driver for care services
 Adult personal carer

38. Reusing certificates
• A hospital doctor has
an Enhanced check
with Adults and
Children's Barred list
checks for the
Children’s and Adults’
Workforce.
• Which other jobs can
she use it for?
 Volunteer
physiotherapist in a hospice
 Supervised reading
scheme volunteer in a
school
 Unsupervised
playgroup leader