Lions Clubs International Multiple District 105. Applying for a DBS Enhanced. Disclosure. (v 0.4) Lions Clubs International

Transcription

1 Lions Clubs International Multiple District 105 (v 0.4) Page 1 of 13

2 Reviewed by Mike Greenway MD Legal Adviser date Bryan Riley MD Insurance Adviser date Andy Pemberton Council Secretary date Shirley Vaughan date Dave Wells date Page 2 of 13

3 DOCUMENT INFORMATION Master Location : C:\Users\David\Documents\Lions\Multiple District 105\Vulnerable Persons\England & Wales\.docx File Name : Distribution VERSION HISTORY Version Number Date Details of Changes included in Update Author(s) Initial draft document David Colville Insert the definition of applicant in Section 1 Guidelines for Lions Clubs Volunteers. Section 3.2 NOT Clear DBS Certificate corrected to include a missing step where the MD VPO discusses the outcome with the applicant, who is given the opportunity to consider the advice before the Club s Board of Directors is informed. Change Section 3.1 Clear DBS Certificate to forward the completed ID Verifiers DBS Certificate Confirmation form to the MD Vulnerable Persons Officer. Change wording in Annex A to split the declaration & consent parts so that the consent form is only 1 page. David Colville David Colville David Colville Page 3 of 13

4 Table of Contents 1 Guidelines for Lions Clubs Volunteers Volunteers Security of data stored Application Process Post application process Clear DBS Certificate NOT Clear DBS Certificate... 7 Annex A Declaration of Applicant s DBS Consent... 9 Annex B Frequently Asked Questions Page 4 of 13

5 1 Guidelines for Lions Clubs Volunteers Lions Clubs International Multiple District 105 is a Registered Body and is authorised by the & Barring Service (DBS) to validate your DBS application form and to confirm your identity. This guide has been produced to help you complete your DBS form and to know which ID documents you need to provide. As an organisation using the DBS to help assess the suitability of applicants for positions of trust, Lions Clubs Inter National Multiple District 105 complies fully with the DBS Code of Practice regarding the correct handling, use, storage retention and disposal of Applications and information. We also comply fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, storage, retention and disposal of information. If your position in the Club involves taking part in a regulated activity you must apply for of any information known to the & Barring Service. This is a simple process that will provide reassurance to all in the Club that those children and vulnerable adults in our charge will be properly cared for. Any reference to the applicant refers to a Lions Club member, their spouse/partner, or a volunteer who assists the Club in a regulated activity. 1.1 Volunteers You are applying as a volunteer. This means that no payment is made to the & Barring Service for your application, or registration with the DBS Update Service. (A volunteer is a person who spends time helping people and is unpaid except for approved out-of-pocket expenses such as travelling). 1.2 Security of data stored By Countersignatories Stored securely By personnel who manage the Headquarters, also known as MDHQ. Stored securely on a removable disk drive with real-time military grade hardware encryption that renders all data stored on the drive inaccessible if the wrong PIN is entered too many times MD Vulnerable Persons Officer Stored securely on a removable disk drive with real-time military grade hardware encryption that renders all data stored on the drive inaccessible if the wrong PIN is entered too many times. Page 5 of 13

6 1.2.4 Club designated officer (usually Club Vulnerable Persons Officer) Stored securely. 2 Application Process Contact your District Vulnerable Persons Officer who will arrange with the appropriate Countersignatory in your District to send you an application form, a copy of the DBS Code of Practice, the MD105 Policy on the Recruitment of Ex-Offenders and a Consent Form. When you receive the paperwork from the Countersignatory: READ the list of YOU MUST and YOU MUST NOT on the front of the form as this will help you avoid the most common errors which result in the DBS application form being returned. READ the Documents applicants must provide link is: If you are unable to satisfy Route 1, please discuss with the Multiple District Vulnerable Persons Officer who will provide advice and guidance on Routes 2 and 3. Guidance on completing the DBS application form: A4 Have you ever been known by any other names? Please read advice on DBS web site regarding people who have been adopted - applicants who were adopted before the age of 10 do not need to provide their surname at birth in Section A of the DBS application form, they should give their adoptive name in this section. _data/file/143672/identity-checking-guidelines.pdf Use the DBS confidential checking service if you are a transgender applicant who doesn t want to reveal details of your previous identity to you Club (telephone ). E55 Have you ever been convicted of a criminal offence or received a caution, reprimand or warning? Please read the advice on the DBS web site regarding the filtering on criminal record certificates link is: applicant-must-provide- Take the DBS application form with the correct combination of identity documents and signed consent form to the authorised validator in your Page 6 of 13

7 club (often the Club Vulnerable Persons Officer) or the Countersignatory who provided you with the application form. The validator will complete section W, return your identity documents to you and keep the DBS application form. The validator sends the completed DBS application form with a validation form checklist (all validators have copies of these) ticked in the appropriate boxes to the Countersignatory who will complete section X and Y, sign it, and forward it to the DBS. 3 Post application process From 17 th June 2013 the Registered Body (Lions Clubs International Multiple District 105) will no longer receive a copy of the DBS Certificate. Upon receipt of the DBS Certificate the applicant should register with the Update Service it is free for volunteers DBS link found at: e/201178/applicant_guide_v2.0_ pdf 3.1 Clear DBS Certificate If your DBS Certificate is clear (i.e. contains NONE RECORDED in the sections below the Applicant Personal Details) show it to your Club s Vulnerable Persons Officer who will verify that the name on the DBS Certificate is the same as on the DBS Application form, and complete the ID Verifiers DBS Certificate Confirmation form and forward it to the MD Vulnerable Person s Officer. 3.2 NOT Clear DBS Certificate If your DBS Certificate contains information from the: Police Records of Convictions, Cautions, Reprimands and Warnings; List held under Section 142 of the Education Act 2002; DBS Children s Barred List; DBS Adults Barred List; or Other relevant information disclosed at the Chief Police Officer(s) discretion; then forward the DBS Certificate to the Multiple District Vulnerable Persons Officer. The details, but NOT the identity, will be discussed by the Review Panel (MD Legal Adviser, MD Insurance Adviser, Council Secretary and the MD Vulnerable Persons Officer) who will respond as to the applicant s suitability to work in a regulated activity and consider what advice should be given to the applicant. The MD Vulnerable Persons Officer will discuss the outcome of the review with the applicant who will be given the opportunity to consider the advice before the Club s Board of Directors are informed. The MD Vulnerable Persons Officer will record the DBS Certificate Reference Number, and return the DBS Certificate together with an accompanying letter. Page 7 of 13

8 In a case where the applicant believes that the Information is incorrect and challenges its accuracy, the applicant must inform the Club s Board of Directors and may be prevented from undertaking any regulated activities until the appeal has been completed. If successful the DBS will issue another DBS Certificate, and the applicant should follow the guidance in Section 3.1 ( Clear DBS Certificate). If unsuccessful, the applicant should forward the DBS Certificate to the Multiple District Vulnerable Persons Officer as set out in Section 3.2 ( NOT Clear DBS Certificate). Page 8 of 13

9 Annex A Declaration of Applicant s DBS Consent The Data Protection Act 1998 aims to ensure that any personal or sensitive data that the personnel who manage the Headquarters, also known as MDHQ, the Multiple District Vulnerable Persons Officer, the Countersignatory and your Club s designated officer (usually the Club s Vulnerable Persons Officer) holds about an individual is used appropriately. In accordance with the Act, the applicant has to give their consent to the processing of personal data unless it is: For a reason such as to comply with legislation; Necessary for the performance of a contract; Necessary in an emergency; OR Necessary for legitimate interests pursued by the data controller. Explicit permission has to be given for the use of sensitive data unless it meets one of the legal requirements explained in the Act. Sensitive data is classified as: Racial or ethnic origin; Political opinions; Religious beliefs or beliefs of a similar nature; Trade union membership; Physical or mental condition; Sexual life; OR The commission or alleged commission of any offence or any proceedings in relation to any offence. Any reference to the applicant refers to a Lions Club member, their spouse/partner, or a volunteer who assists the Club in a regulated activity. The personnel who manage the Headquarters, also known as MDHQ, the Multiple District Vulnerable Persons Officer, the Countersignatory and your Club s designated officer (usually the Club s Vulnerable Persons Officer) wish to use some information that requires your permission. The details of this are explained below. Please read the details carefully, and if you agree to the information being used please sign the form and return it to the Office Manager at MDHQ. If you have any queries then please contact the Multiple District Vulnerable Persons Officer. Data it is proposed to use: MDHQ and the Multiple District Vulnerable Persons Officer will record the same information, which will be synchronised. Information given on a DBS form will be checked and verified by the Club s designated officer and a Countersignatory before it is forwarded to DBS for processing by the Countersignatory. The Countersignatory will record the Applicant s Forename(s), Surname, Date of Birth, the DBS application form Reference Number, the fact that Child and Adult Barring Lists have been requested, and the date the Page 9 of 13

10 application was made, which will used to track the application and will also be forwarded to MDHQ. If the information given on the DBS form is incorrect, missing or needs further clarification, DBS will return the form to the Countersignatory for the anomalies to be rectified. Once the applicant s DBS check is completed and the information forwarded to MDHQ, the Countersignatory will delete the applicant s details. MDHQ will record the Applicant s Forename(s), Surname, Lions Membership Number (unless the applicant is a spouse/partner or volunteer), Application Reference Number, Date of Enhanced Information, the fact that Child and Adult Barring Lists have been requested, and the DBS Certificate Number for administrative purposes. A designated member of the Club will store the Applicant s Forename(s), Surname, Number, the fact that Child and Adult Barring Lists have been requested, and Date of Enhanced for administrative purposes and confirmation that the applicant may take part in regulated activities. In the event that a blemished Information is notified a copy of the Review Panel s advice and a record of the Club s acceptance of that advice will also be stored for determining whether the applicant is permitted to take part in a specific regulated activity. Reason for the use: To make clear to applicants applying for a DBS check and subsequent s: What will happen to the personal data that is supplied when they undertake a DBS check; That MDHQ and/or the Multiple District Vulnerable Persons Officer will perform a Status Check with the DBS to ensure that their criminal record status will be validated at regular intervals; That their participation in certain Club activities could be restricted if their DBS check or Status Check raises concerns; That the content of their check will need to be disclosed to the governing body (also known as the Club s Board of Directors); and They should also be told that in severe cases information on a check could result in expulsion from the Club. Proposed date(s) of usage: For the duration of the applicant s membership of the [insert club name] or in the case of a spouse/partner/volunteer for the duration of their participation in regulated activities. Page 10 of 13

11 Annex B Frequently Asked Questions 1. When is a criminal check needed (children)? The new definition of Regulated Activity relating to children is set out in three parts by The Protection of Freedoms Act. A person can be in Regulated Activity because of what they do (activities), where they work (establishments) or who they are (specified position). The new definition of regulated activity (i.e. work that a barred person must not do) in relation to children comprises, in summary: i. Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/ guidance on well-being, or drive a vehicle only for children; ii. iii. iv. Work for a limited range of establishments ( specified places ), with opportunity for contact: e.g. schools, children s homes, childcare premises. Not work by supervised volunteers; Relevant personal care; care, for example washing or dressing; or health care by or supervised by a professional; Registered child minding and foster parents; v. Moderating a public electronic interactive communication service likely to be used wholly or mainly by children. Work under (i), (ii) or (v) is regulated activity only if done regularly - if carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period. Refer to Criminal Record Eligibility Scenarios on the MD105 web site link is Updates/Criminal%20Record%20Checks%20Eligibility%20Scenarios.pdf. For statutory guidance on supervision visit the Department of Education website ( 2. When is a criminal check needed (adult)? The definition of regulated activity for adults identifies the activities provided to any adult which, if any adult requires them, will mean that the adult will be considered vulnerable at that particular time. There are six categories: a) Providing healthcare provision by a healthcare professional or under the direction or supervision of one. This may include psychotherapy and counselling, first aid administered on behalf of an organisation established for the purposes of providing first aid. This does not include workplace first aiders, members of peer support groups or life coaching. Page 11 of 13

12 b) Providing personal care physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of skin, nails or hair (but not where this involves only cutting hair) because of the adult s age, illness or disability. This also includes anyone who trains, instructs or provides advice on the provision of personal care or those who prompt and then supervise an adult to do one of the above. c) Providing social work. d) Assisting with general household matters assistance with managing a person s cash, paying a person s bills or shopping on their behalf because of the adult s age, illness or disability. e) Assisting in the conduct of people s own affairs. f) Conveying adults to, from, or between places, where they receive healthcare, relevant personal care or social work because of their age, illness or disability. This includes hospital porters, patient transport service drivers and assistants, ambulance technicians and emergency care assistants but does not include taxi or licensed private hire drivers. N.B. The frequency test has been removed and an individual only needs to engage in a defined activity once to be carrying out Regulated Activity and the new definition removes the word vulnerable when describing Regulated Activity relating to adults. Refer to Criminal Record Eligibility Scenarios on the MD105 web site link is Updates/Criminal%20Record%20Checks%20Eligibility%20Scenario s.pdf. 3. Is it a requirement for a prospective member to be DBS checked as a condition of membership? The short answer is NO. 4. Will everyone who commits the most serious offences still be barred? Not in every instance; those who commit the most serious offences and who work in regulated activity will still be automatically barred for working in regulated activity. Such offences are referred to as 'automatic barring offences without representations'. However it is not proportionate or necessary to bar anyone who has been barred with representations, or who has been referred to the DBS for consideration of discretionary barring, and who has not worked or is seeking to in Activity. There will be circumstances when individuals that have committed a serious offence that are not 'barred' as are not working in regulated activity. MD105 and Clubs will be required to have methods in place for ensuring our vetting procedures capture these instances, as it will not be a criminal offence for these individuals to apply for regulated activity based work. Page 12 of 13

13 5. Will volunteers still have free certificates? As now volunteers will not be required to pay for their DBS check 6. Explain the two tier of enhanced (with and without a list check) how they will work in practice? Those who will be working in regulated activity (meets new definition of regulated activity) will be eligible for enhanced checks with a barred list check, as those posts will be the ones offering unsupervised or regular or close contact with vulnerable groups including children. Those working in an activity that previously met the old definition of regulated activity, for example in a supervised capacity with children, will still be able to obtain an enhanced check, but without the barred list check. Page 13 of 13