Following the introduction of filtering certain convictions and cautions from DBS certificates on 29th May 2013, Employers will not be able to take certain old and minor cautions and convictions into account when making decisions about any individual. HR policies, job specifications and application forms will therefore all need to reflect the filtering changes.
It is important that employers ask the right questions, and that employees give the right (legally accurate) answer. The DBS suggests that Employers include the following paragraph below in their standard application forms:
‘The amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions and cautions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into account. Guidance and criteria on the filtering of these cautions and convictions can be found at the Disclosure and Barring Service website.’
Council leaders and safety campaigners have condemned government plans to relax the criminal checks designed to protect passengers from dangerous taxi drivers. Currently, prospective taxi and private car hire drivers must pass an enhanced criminal record bureau (CRB) check, which gathers information from local police records, the Police National Computer, child protection and sex offenders registers. The checks are repeated every three years to satisfy licensing authorities that these drivers do not pose a risk.
Under the Protection of Freedoms Bill, they would only be entitled to a ‘Standard’ CRB check which only includes convictions, cautions and reprimands, and would not show if they were barred from working with children or vulnerable adults. Transport for London, the capital’s licensing authority, rejected 240 drivers between 2002 and 2008 after enhanced checks uncovered incidents of rape, terrorist activities, organised crime and drug dealing. They say these incidents would have been missed by less rigorous checks. Continue reading Taxi Drivers no longer eligible for eCRB
The British Medical Association (BMA) has issued new guidance for doctors regarding the treatment of vulnerable patients, stating that healthcare professionals have a duty to flag up any suggestion of abuse. It also explains the procedures if they suspect that physical and mental abuse of vulnerable adults by NHS staff or carers is being covered up.
The Guidance was commissioned by the Department of Health, and highlights the legislation in place to protect people if they choose to speak out about possible neglect. Dr Tony Calland, chairman of the BMA’s Medical Ethics Committee, noted that the guidance is there to support doctors and understand which adults have the capacity to protect their own interests. “The way doctors deal with these possible situations demonstrates how complex caring for vulnerable adults can be. There is no ‘one size fits all’ solution,” he added.
GPs should be alert to identifying abusers, spotting systemic healthcare failures and recognising signs of neglect, ranging from physical and mental abuse to financial exploitation. Whistle-blowing may involve providing information to the media or MPs. and the individual is protected as long as it is reasonable, not made for gain and meets the following conditions:
- Whistle-blowers reasonably believe they would be victimised if they raised the matter internally or with a prescribed regulator
- They believe a cover-up is likely and there is no prescribed regulator
- They have already raised the matter internally or with a prescribed regulator.’
A poll of 290 GPs, carried out by Pulse in July 2011, found that 41% believe one or more of their patients has been subjected to abuse.
31 May – BBC Panorama’s Undercover Care: The Abuse Exposed The BBC filmed abuse of patients with learning difficulties at Winterbourne View residential hospital in Bristol. During five weeks spent filming undercover, BBC Panorama’s reporter captured footage of some of the hospital’s most vulnerable patients being repeatedly pinned down, slapped, dragged into showers while fully clothed, taunted and teased.
The case has been condemned as “shocking” by the government and Care Services Minister Paul Burstow said he was determined to strengthen safeguards for vulnerable adults. He has already ordered a thorough examination of the roles of the government regulator, the Care Quality Commission (CQC), and the local authorities. CQC chairman Dame Jo Williams admitted that the failure to follow up the reports of a whistleblower – a senior nurse at the home – had been an “unforgivable error of judgement”. Avon and Somerset police confirmed three men – aged 42, 30 and 25 – and a 24-year-old woman were arrested as part of their investigation into the hospital. The hospital’s owners, Castlebeck, have apologised and suspended 13 employees. It has launched an internal investigation into its whistle-blower procedures and is reviewing the records of all 580 patients in 56 facilities. Winterbourne View can accommodate 24 patients and is taxpayer-funded, charging the state an average of £3,500 per patient per week.
The programme was broadcast on BBC One on Tuesday 31 May at 2100 BST and is available to view in the UK on the BBC iPlayer.
A number of organisations have raised significant concerns about the impact of the new safeguarding legislation as the Protection of Freedoms Bill moves through the committee stage.
The NSPCC has prepared a parliamentary briefing, which has led to an ammedment that retains the age of a child as being under 18, not under 16 as originally proposed. Now the Faith sector, led by The Christian Forum for Safeguarding and Fairplay for Children have added their concerns. The points raised in these documents are outlined below and are covered in detail at our briefing events. Continue reading Voluntary & Faith Sectors concern over new legislation
The Protection of Freedoms Bill is the first time that a new element called a “Public Reading Stage” will be introduced. It means that members of the public can comment directly on clauses of the Bill. These comments should contribute to the points made by MPs across all parties during the debates and committee stages – so it is an important opportunity.
The website can be found here – http://publicreadingstage.cabinetoffice.gov.uk – do add your perspectives with practical examples from your sector as this a very complex area which has been subject to sweeping misrepresentation in the media. Since only very low level stakeholder engagement is likely this is the best opportunity to amend some aspects of the legislation such as the availability of disclosures, scope of regulated activity and the level of guidance available.
Also register with us so that you receive our briefing papers on each of these topics and more.
Details of the new Criminal Records regime will be announced today as part of the all encompassing Protection of Freedoms Bill. Points that are likely to emerge when it is published are:
- The need for checks to be drastically reduced to ‘common sense’ levels -now it will only apply to those who have the most close and regular contact with children or vulnerable adults, such as professional childcare workers or teachers. The total number who will need to undergo background checks will halve to around 4.5million, although who this includes does not appear to have been defined judging from the interview given by Nick Clegg his morning on BBC.
- Continual updating and portability will be enabled so that teachers and care home workers who do require checks will have their records constantly updated. This is seen as a key benefit and was already planned in by CRB.
- The content of CRBs will be reviewed – for instance the changes will also drastically cut the use of ‘soft intelligence’ when examining a person’s history. Unproven allegations will only be placed on a person’s record if a Chief Constable believes they are true.
Checks that are unnecessary and which breach an employee’s privacy could be referred to the data protection watchdog, the Information Commissioner, and any employer found knowingly to have requested an unlawful check could face fines running to thousands of pounds. This will prevent the over zealous use of CRBs such as the school in Warrington that would not be allowed into the premises to see their children.
- the Independent Safeguarding Authority will be merged with the Criminal Records Bureau. Continue reading Reduced CRB regime announced
Councils in Kent and East Sussex have been accused of carrying out unjustified Criminal Records Bureau (CRB) checks for job applicants. Who the Councils are checking: Continue reading Unjustified CRB checks challenged