By WCVA Criminal Records Unit at WCVA's Charity Law conference 2013

1. SAFEGUARDING VULNERABLE
GROUPS
Disclosure & Barring Services
WCVA CRIMINAL RECORDS UNIT
Updated Apr 13
Wales Council for
Voluntary Action
www.wcva-cru.org.uk  0800 0197 391  cru@wcva.org.uk

2. Aims for the Day
• To explain changes made to the criminal
record and barring arrangements introduced
September 2012 and ongoing through
2013/14
• How this may affect you or your organisation
• What you need to do as part of a safer
recruitment process for those working with
vulnerable groups

3. History: Criminal Records & Barring
• CRB
checks/Disclosures
• Rehabilitation of
Offenders Act 1974
• Police Act
• Safeguarding
Vulnerable Groups Act
2006
• Protection of Freedoms
Act 2012
• Independent
Safeguarding Authority
(ISA)
• ISA barred list for
children
• ISA barred list for
(vulnerable) adults
• Regulated activity –
work a barred person
must not do 3

4. Disclosure & Barring Services
• seamless service
combining criminal
records checking and
barring functions.
• DBS website
www.homeoffice.gov.uk/dbs
• help employers
make safer
recruitment
decisions
• prevent unsuitable
people from working
with vulnerable
groups including
children.
4

5. Disclosure & Barring Services
• New definition of regulated activity - scaling back regulated
activity to focus on work which involves close and unsupervised
contact with vulnerable groups including children.
• Minimum age (16) at which someone can apply for a DBS
check.
• More rigorous „relevancy‟ test for when the police release
information held locally on an enhanced DBS check and no
„additional information‟
• Enhanced DBS checks for those in regulated activity will 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 (check)

6. Disclosure & Barring Services
• You must not engage in regulated activity someone whom you
know has been barred by the DBS
• Offences for barred people in regulated activity and for
employers knowingly employing a barred person
• The DBS barred lists for end of February 2013 stand at;
– Adults List – 45,242
– Children List – 49,101
• This represents 51,333 individuals, on one or both lists.
• You must make appropriate referrals to the DBS
• Most people will be barred only if they have engaged, are
engaging or might in the future engage in Regulated Activity
(Autobars without representations will continue to be barred
irrespective of whether the person has a link to RA)

7. 7

8. 8
New Regulated Activity – adults 1
• Adults no longer labeled as „vulnerable‟.
• Instead, the definition identifies the activities which, if any adult
requires them, lead to that adult being considered vulnerable at
that particular time.
• No longer a requirement for a person to do the activities a
certain number of times – once only to be in RA
• CRU resource – website decision tree – members area
• DoH resource - https://www.wp.dh.gov.uk/health/2012/08/new-
disclosure-and-barring-services-definition-of-regulated-activity/
• 6 main categories plus office holders for Wales
• No longer includes any activity in a care home as workers who
provide health or personal care to care home residents will fall
within the revised definition

9. 9
New Regulated Activity – adults 2
 Providing personal care:
• physical assistance with eating or drinking, going to the toilet,
washing or bathing, dressing, oral care or care of the skin, hair
or nails because of an adult’s age, illness or disability;
• prompts and then supervises an adult who, because of their
age, illness or disability, cannot make the decision to eat or
drink, go to the toilet, wash or bathe, get dressed or care for
their mouth, skin, hair or nails without that prompting or
supervision;
• trains, instructs or offers advice or guidance which relates to
eating or drinking, going to the toilet, washing or bathing,
dressing, oral care or care of the skin, hair or nails to adults who
need it because of their age, illness or disability.

10. 10
New Regulated Activity – adults 3
 Providing healthcare:
• Any health care professional providing health care to an adult,
or anyone who provides health care to an adult under the
direction or supervision of a health care professional.
• Healthcare professionals are defined under SVG and include
physiotherapists, psychotherapists and counsellors
 Providing Social work:
• activities of regulated social workers in relation to adults who are
clients or potential - includes assessing or reviewing the need
for health or social care services, and providing ongoing support
to clients.

11. 11
New Regulated Activity – adults 4
 Assistance with cash, bills and/or shopping
• Day to day assistance to an adult because of their age, illness
or disability, if that includes managing the person‟s cash,
paying their bills or shopping on their behalf
 Assistance in the conduct of a person’s own affairs
 Conveying
• A person who transports an adult because of their age, illness
or disability either to or from their place of residence and a
place where they have received, or will be receiving, health
care, personal care or social care; or between places where
they have received or will be receiving health care, personal
care or social care. This will not include family and friends or taxi
drivers

12. 12

13. 13

14. 14
New Regulated Activity – Children 1
 All unsupervised activities:
• teach, train, instruct, care for or supervise children, or provide
advice/guidance on well-being,
 Work within a specified places with opportunity for contact:
• Specified places as schools, children‟s homes, childcare
premises. BUT NOT work by supervised volunteers;
 The above work is RA only if done regularly
- By the same person frequently (once a week or more often) or
intensively (4 or more days in a 30 day period or in some cases
overnight – anytime between 2 am-6am face to face even once )
- supervision defined in statutory guidance

15. Supervision Guidance
• Supervision must be regular and day to day –must take place on
an ongoing basis, whether the worker has just started or has
been doing the activity for some time
• Supervisor must be in regulated activity themselves;
• It must be reasonable in the circumstances; it can differ
depending on the circumstances of a case:
– ages of the children; number of children that the individual works with; whether the
workers are helping to look after the children; the nature of the work(or in a specified
place, the opportunity for contact; the vulnerability of the children; how many workers
would be supervised by each supervisor
• This gives local managers the flexibility to determine what is
reasonable for their particular circumstances.
• In law, an organisation will have no entitlement to do a
barred list check on a worker who, because they are
supervised, are not in regulated activity.
15

16. 16
New Regulated Activity – Children 2
 Relevant personal care, for example washing or dressing; or
health care by or supervised by a professional;
• Once only and even if supervised
 Registered childminding and foster-carers
 Day to day management/supervision on regular basis of a
person providing activity which would be RA if unsupervised or if
specified place a volunteer activity which would be RA if
unsupervised
 Community transport/social media interface
 Office holders – Wales only

17. DBS
Standard
check
PNC
DBS
Enhanced
check
PNC
Police
Information
DBS Enhanced
check
+ Barred List
check
PNC
Police
Information
DBS list
Child
DBS Enhanced
check
+ Barred List
check
PNC
Police
Information
DBS list
Adult
DBS Enhanced
check
+ Barred Lists
check
PNC
Police
Information
DBS lists
Adult +
Child
Rehabilitation
of Offenders
Act
(Exceptions
Order)
Non
regulated
activity
Police
Act 1997
New Definition of Regulated Activity
Safeguarding Vulnerable Groups Act
2006
Protection of Freedoms Act 2012

18. REGULATED ACTIVITY
You MUST NOT knowingly employ a barred BEFORE taking them on in
regulated activity.
You will eligible to get an Enhanced DBS check with barring list information
NON –REGULATED ACTIVITY
You will be eligible to get an Enhanced DBS check for criminal record history
but without barring list information
There is contact with vulnerable groups but the tighter criteria for regulated
activity is not met /would have met regulated activity definition pre
September 2012
Risk Assess any criminal record information for suitability of the volunteer or
paid employee for the position. Review protection polices and procedures
RECRUITING SAFELY

19. DBS development
June 2013
Single issue, applicant only certificate
New update service providing (limited) portability
“The key Programme priority is the early introduction of a new
portable disclosure 'Update Service' which will eliminate the
need for individuals to apply for unnecessary repeat
disclosures. Most people will only ever need to get one check
and will be able to take it from role to role without needing to
apply for a new one. Rather than submit a new paper
application, employers will be able to conduct a simple,
instant on-line check on the status of an application (sic) .”
19

20. Update service
For individuals
can reuse their DBS check,
taking it from employer to
employer;
in the vast majority of cases
they will avoid the need to
apply repeatedly for new
DBS checks
No need to keep filling out
the application form and then
waiting for new certificate to
arrive.
For employers
able to carry out a free and
instant check of an existing
disclosure certificate -confirm if
the check is up to date.
if it is – no need to apply for a
new DBS check - proceed with
all the other usual pre-
employment checks.
same with existing employees
and rechecks– no need to
request new DBS checks
periodically –simply check the
existing certificate. 20

21. Updating for the employer
• individual presents their DBS certificate to the prospective
employer
• employer logs on to update service - required to enter some
details about themselves and the individual.
• employer presented with a status update in relation to that
individual‟s criminal record.
• if new information is available, advised to apply for a new DBS
check to obtain latest information.
• it is the employer‟s decision to do so - if the employer decides
not to ask the individual to apply for a new DBS check, they
must accept the associated risks in doing so.
21

22. Updating for the employer
The status update will show one of four options:
• Blank certificate and no new information - This certificate did
not reveal any information and remains current as no further
information has been identified since its issue.
• Non-blank certificate and no new information – This
certificate remains current as no further information has been
identified since its issue.
• Blank or non-blank certificate and new information – This
certificate is no longer current. Please apply for a new DBS
check to get the most up to date information.
• No match found – The details entered do not match those held
on our system. Please check and try again.
22

23. Subscribing to the update service
Your volunteer or paid employee can:
• Subscribe on application for a DBS check
• Subscribe using a DBS certificate number e.g. ebulk users
• email alert for subscription renewal 30 days prior to expiry or if
auto renewals, payment automatically from the credit or debit
card details
! Subscription free for volunteers
• Failing to renew means –
– Individual subscription cancelled automatically.
– employer unable to make further status checks on the
certificates associated to the subscription.
– individual will be required to submit a new application and
apply to join the update service if they wish to rejoin
23

24. 24

25. Managing subscription
Your volunteer or paid employee can:
• Update Contact Details current address, mobile telephone
number and email address.
• Subscription Management change payment details, cancel
subscriptions or view/remove applications.
• Add Disclosure add a new application to their update
subscription.
• Audit View the most recent employer activity, listing the ten
most recent employers making a check of their update status.
25

26. DBS – THE FUTURE
• One of 3 trailblazers
• DBS high profile, high volume public service which
will be designed to meet a new digital service
standard currently being developed by the
Government Digital Service (GDS
• Alpha: Interim Update Service - Summer 2013
• Beta: Full Update Service, with Digital Applications
and DBS Portal - March 2014
• Operational: Implementation of Digital Disclosure
Certificate and Digital Identity Validation - Late 2014
• Majority of applications digital by 2015
26

27. NEED HELP?.....from CRU
 0800 0 197 391
 cru@wcva.org.uk
 www.wcva-cru.org.uk
WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB