Diocese of Coventry Changes to Disclosure and Barring and Criminal Records checks Why are changes being made? The UK Government is committed to protecting vulnerable groups but wants a better sharing of the responsibility for safeguarding between state and organisations. It believes that previous arrangements have over-emphasised protection by the state and not sufficiently emphasised the role that organisations play. The Protection of Freedoms Act 2012 makes significant changes to the safeguarding and criminal records systems with the intention of scaling the need for Criminal Record checks back to more proportionate levels. Changes from 2013 Online updating service The DBS launched an on-line updating service for criminal record checks from 17th June 2013. Advice from the National Safeguarding Adviser is that we do not ask anyone to register for this service at the moment. The reason for this is that there was a change of company administering the updating service in October 2013 and we are waiting for any teething problems to be ironed out. Single Certificate From 17th June 2013 the DBS now issues a single certificate to applicants only (in the past the Diocese as the Registered Body has received a copy of the certificate). 1
What do the changes mean for parishes? With the scaling back of access to DBS (formerly CRB) checks, safer recruitment processes and safer working practices as outlined in the House of Bishops Guidelines and Diocesan Guidelines now become more important and need to be closely followed. The changes affect who can apply for a DBS check, the process for confirming the identity of an applicant, completing box 61 of the DBS application form and the issue of a single DBS certificate. For new workers and volunteers over the age of 16, parishes will need to: Decide if the role is regulated activity if it is apply for an Enhanced Plus DBS check by crossing either box 64 or box 65 on the DBS Disclosure Application form. Decide if the role involves significant contact with children, young people or vulnerable adults if it does apply for an Enhanced DBS check. To do this do not cross box 64 or 65 on the DBS Disclosure Application form. Obtain written consent for a further check on identity if the new worker or volunteer needs a DBS check but can only provide identity documents from Group 2. It is now the responsibility of the Parish Safeguarding Officer to ensure that they see the DBS certificates of the applicants in their churches before an individual takes up the role or post that they have applied for. The following process must be followed:- Those with clear DBS Disclosures (i.e. ABSOLUTELY NO INFORMATION ON THE CERTIFICATE APART FROM THE 2
APPLICANT S NAME, ADDRESS AND THE ROLE APPLIED FOR) can be cleared for work/volunteering immediately. The Parish Safeguarding Officer must record 1) the name of the applicant 2) the date of the disclosure and 3) the issue number and send this by e-mail or in writing to Carol Clarke, Diocesan Safeguarding Adviser. (carol.clarke@covcofe.org) or Will Jones (will.jones@covcofe.org) DBS Disclosures WITH ANY INFORMATION ON AT ALL must be copied (photocopy or scan) by the Parish Safeguarding Officer and the copy sent to Carol Clarke, Diocesan Safeguarding Adviser. The individual must not start work or volunteering until cleared to do so by the Diocesan Safeguarding Adviser. Make sure that Box 61 of the DBS Application Form is completed as follows:- Box 61 line 1 When completing this line on the back page of the DBS Disclosure Application Form you must include the relevant workforce that the applicant will be working or volunteering in. The choices are as follows: Child Workforce Adult Workforce Child and Adult Workforce Box 61 line 2 Enter a description related to the position applied for this needs to be as clearly related to the reason for the check as possible. For example:- Children s Worker, Youth Worker, Pastoral Visitor. 3
Portability This is the term employed by the Government for using a Criminal Record disclosure obtained in one role, for a different role sometimes with a different employer or organisation. This guidance can only be finalised following the implementation of new Government arrangements in 2013 when new arrangements for portability may be available. Meanwhile, the interim guidance is set out here: Pre-existing CRB/DBS Disclosures from a body outside the church can be accepted for voluntary roles only providing the following requirements are met: The disclosure must be completely clear (i.e. no record of cautions, convictions or further information.) It is less than 2 years old. It is at Enhanced level and for a similar position. The applicant s identity is verified. The applicant is still in the post or job for which the disclosure was obtained. A written reference from the previous employer or appointer is obtained to ensure that the applicant was appointed following receipt of the disclosure. The issue date and serial number of the disclosure is recorded together with the applicant s name and date of birth and a copy of this record sent to the Diocesan Safeguarding Adviser. A Confidential Declaration Form must be completed. 4
What is not changing? It is an offence to knowingly allow someone who has been barred by the Disclosure and Barring Service (formerly the Independent Safeguarding Authority) to carry out regulated activity (either in a paid or voluntary capacity this can be checked by doing an Enhanced Plus DBS check before the person begins their role. If there is a concern that a worker or volunteer who is carrying out regulated activity has harmed or may harm a child, young person or vulnerable adult who may be in need or at risk because of their age, illness or disability this must be referred to the Disclosure and Barring Service. Please contact the Diocesan Safeguarding Adviser if you need to do this. Safe recruitment and safer working practice guidelines as outlined in the Diocesan Policy and Parish policies must be followed for all paid staff and volunteers. New definitions of regulated activity for children, young people and adults. Introduction of an additional level of DBS check known as an Enhanced Criminal Record Plus Barred List Check Changes to identity verification for DBS applications Minimum age of 16 at which someone can apply for a DBS check Portability of pre-existing CRB/DBS checks in certain circumstances 5
New definitions of regulated activity Regulated activity with children and young people. There are several different types of activity included in the new definition of regulated activity with children and young people (under 18). In parishes regulated activity is most likely to be activity with children and young people which is unsupervised: Teaching Training Caring for or supervising Providing advice / guidance on well being Driving a vehicle only for children and done frequently: Once a week or 4 days in a 30 day period or Between 2am and 6am Other regulated activities with children and young people may occur in roles in some parishes are: Personal care assisting a child or young person with washing, dressing, eating, health care or toileting. This is regulated activity even if done only once. For example if your workers or volunteers assist a child with going to the toilet this would be regulated activity. However, accompanying a child to where the toilets are located would not be regulated activity unless the task was unsupervised and met the above frequency criteria. 6
Working for a specified place school, children s home, childcare premises. For example, if you church runs an after school club, nursery or playgroup it may be a specified place, particularly if it is regulated and inspected by Ofsted. Supervised volunteers in specified places are not engaging in regulated activity. Managing or being responsible for regulated activity and those who carry it out. What is unsupervised activity with children and young people? Unsupervised activity with children and young people is working all the time or some of the time where a supervisor cannot see or hear the worker s / volunteer s actions. The UK Government has not yet provided a formal definition of the meaning of supervision. As an interim measure the Church of England and the Methodist Church define supervised activity as: Activity where the supervisor is able to see and hear the supervised worker s / volunteer s actions at all time during their work and Activity that is continuously supervised at this level i.e. the supervised worker / volunteer must not work if the supervisor is absent (even for a very short time) or on holiday. The supervisor must be recruited safely and eligible for an Enhanced Plus DBS check. It is more likely that those working with children and young people in church activities will be co-working rather than working under supervision as described above. 7
Regulated activity with adults Regulated activity with adults is: Providing health care Providing personal care washing, dressing, toileting, eating, drinking or teaching someone to do one of these tasks Providing social work Helping with cash, bills, shopping Helping someone in the conduct of their affairs (e.g. enduring power of attorney) Driving someone to / from places to receive personal, health or social care Done for an adult in need or at risk because of their age, illness or disability and Done once 8
New levels of Criminal Record checks What is the new Enhanced Plus DBS check? An Enhanced Disclosure and Barring Service Plus Barring List check contains information about a person s barred status that is, whether they are allowed to work with vulnerable groups. Anyone whose role includes regulated activity must apply for this type of check before they begin their role. Are Enhanced DBS checks still available? Yes but the check will not contact information about a person s barred status that is, whether they are allowed to work with vulnerable groups. Anyone whose role includes regular and significant contact with children, young people or adults who are in need or at risk because of age, illness, disability or factors arising from social exclusion, even if this is only a temporary state, should still apply for an Enhanced DBS check even if they are not engaging with regulated activity. The threshold of significant contact frequently quoted by Government is that the level of contact should be greater than the sort of casual contact with a local shopkeeper. How do I know which level of DBS check to apply for? The charts at the end of this guidance will help you to work out which DBS check you need to apply for. Changes to identity verification for DBS The list of documents that an applicant can produce to confirm their identity has changed. A list of acceptable documents is provided with each DBS Disclosure Application form and can be found at Appendix 2. If an applicant is unable to produce a document from the list of Group 1 documents, their identity must be confirmed by the required documents from Group 2a and 2b and their identity must be checked and confirmed by an external agency. The diocese will apply for this check on behalf of parishes. Parishes must obtain the written consent of the applicant for this check to be undertaken. See Appendix 3 for further information on checking identity. 9
Eligibility for an Enhanced Plus or an Enhanced DBS Disclosure Youth, children or family worker/volunteer/manager, bell ringers music leaders, choir leaders, servers, tower captains, drivers, parent and toddler group leaders, musical directors, worship leaders, pastoral team members whose role involves training/ teaching/advising/supervising/caring for/driving children & young people on behalf of the church Frequently and unsupervised Enhanced Plus check Regularly and/or supervised Enhanced check Gardner, shop staff, flower arranger, church tour guide, caretaker, welcome team, refreshment servers, parish administrator, sides-person, verger, sacristan, choir member, organist, server, bell ringer, occasional children s and youth group helpers NOT eligible for DBS check Community NOT eligible for DBS check. Congregation NOT eligible for DBS check. Church workers/volunteers who have no contact with children, young people and adults in need or at risk due to age, illness or disability NOT eligible for DBS check. Church workers/volunteers who have limited contact with children, young people and adults in need or at risk due to age, illness or disability NOT eligible for DBS check. Church workers/volunteers who have significant or regular contact with children, young people and adults in need or at risk due to age, illness or disability but whose role is not regulated activity. May be eligible for an Enhanced DBS check BEFORE they begin their role Church workers/volunteers engaged in regulated activity or those supervising regulated activity with children, young people and adults in need or at risk due to age, illness or disability MUST have Enhanced Plus DBS check BEFORE they begin their role PCC members (as trustees) Worship/service leaders, pastoral team members, home and care home visitors, drivers, managers, who have significant contact with adults who are in need or at risk due to age, illness or disability Enhanced DBS check. Anyone who provides or is likely to provide personal care or who helps someone with their affairs due to age, illness or disability as part of a service offered by the church Enhanced Plus DBS check Clergy, Readers, Church Wardens, parish safeguarding lead, parish safeguarding officer. 10
Diocese of Coventry How do I know which roles to DBS check? Yes go to Q2 No go to Q8 Q1 Does the role involve contact with children, young people or adults in need or at risk because of their age, illness or disability? Yes go to Q3 No go to Q5 Q2 Does the role involve teaching, training, caring for, supervision, providing advice or guidance on well-being, or driving a vehicle with children and young people OR Does the role involve working in a specified place school, children s home, child care premises? Yes go to Q4 No go to Q5 Yes E+ check * No go to Q5 Yes E+ check* No go to Q6 Yes E+ check* No go to Q7 Yes E check ** No go to Q8 Yes E+ check * No no CRB check Q3 Q4 Q5 Q6 Q7 Q8 Does the role involve unsupervised contact working all the time or some of the rime where a supervisor cannot see or hear the worker s/volunteer s actions with children and young people? Does the role involve contact with children and young people once a week or 4 days in a 30 day period or between 2am and 6am? Does the role involve providing personal care assistance with washing, dressing, eating, drinking, health care, toileting with children, young people or adults in need or at risk because of their age, illness or disability? Does the role involve helping or the likelihood of helping with cash, bills, shopping, conduct of a persons affairs or driving to/from places to receive personal, health or social care for an adult because of their age, illness or disability, on one occasion? Does the role involve regular, significant contact with children, young people or adults in need or at risk because of their age, illness or disability? Does the role involve managing or being responsible for regulated activity (i.e activity mentioned in Q2, Q3, Q4, Q5, Q6) and those who carry it out? If in doubt please contact Carol Clarke Diocesan Safeguarding Adviser Tel: 024 7652 1345 e-mail carol.clarke@covcofe.org 11
Appendix 1 Portability checklist Portability of DBS disclosures within the Church are accepted if: The person is applying for a further role within the same parish church or group of churches with the same group i.e. still with children/young people or still with vulnerable adults. To accept a pre-existing DBS disclosure from a body outside the Church for voluntary positions, all of the following requirements must be met: The identity of the applicant has been verified (using photo identification if possible) The applicant is still in the same post or job for which the disclosure was obtained The disclosure must be less than 2 years old The disclosure must be completely clear (i.e. no record of cautions, convictions or further information) The disclosure is at Enhanced level and for a similar position to the one being applied for A reference from the previous employer or appointer is obtained in writing confirming that the applicant was appointed following receipt of the disclosure The issue date and serial number of the disclosure and the applicant s name and date of birth is recorded by the parish administrator or parish safeguarding officer and the details sent to the Diocesan Safeguarding Adviser. A confidential declaration form is completed and kept with the details of the pre-existing DBS check. Tick when completed A new DBS Disclosure must be obtained for:- Anyone applying for a paid position working with children or vulnerable adults where the role requires it. Those applying for ordination training. 12
Appendix 2 Diocese of Coventry DBS Disclosure Application Documentary Evidence Sheet This sheet must be completed, signed and dated by the person checking the Applicant s details against their identity documents and completing the verification boxes in sections a and b and Section W of the DBS Application Form. The completed form must be returned with the completed DBS Disclosure Application form. Name of Applicant.. Form reference number. Group 1 Primary Trusted Identity Credentials Current valid passport Original UK and Channel Islands Birth Certificate (issued within 12 months of date of birth). Full or short form acceptable Current Driving Licence Full or Provisional (UK, Isle of Man or Channel Islands) A photo card is only valid if presented with the associated counterpart licence (except Jersey) Biometric Residence Permit (UK) Group 2a - Trusted Government / State Issued Documents Birth Certificate UK and Channel Islands (issued after the time of birth by the General Register Office/relevant authority Marriage/Civil Partnership Certificate (UK and Channel Islands) Current UK Driving Licence (old style paper version) Adoption certificate (UK and Channel Islands) Firearms Licence (UK and Channel Islands) Current Non-UK Photo Driving License (valid for up to 12months from the date the applicant entered the UK HM Forces ID Card (UK) 13
Group 2b Financial / Social History Documents Mortgage statement (UK or EEA) Bank/ building society ** statement (UK or EEA) * Credit card statement (UK or EEA) Financial statement e.g. pension, * endowment, ISA (UK) ** P45/P60 statement ** (UK and Council Tax statement (UK and Channel Islands) Channel islands) ** Work permit/visa (UK) (UK Bank/Building Society Account Residence Permit) ** Opening Confirmation letter (UK) Utility bill (electricity, gas, water, telephone (UK) * not mobile telephone bill A document from Central/Local Government Agency/ Local Authority giving entitlement (UK or Channel Islands)* e.g from Dept Work & Pensions, Employment Service, Customs & Revenue, Job Centre, Job Plus, Social Security Letter of sponsorship from future employment provider (Non- UK/Non-EEA only valid only for applicants residing outside of the UK at the time of application Benefit statement e.g child allowance/pension * EU National ID Card Cards carrying the Proof of Age Standards Scheme (PASS) accreditation logo (UK) Letter from Head Teacher or College Principal (16/17 year olds in full time education) only used in exceptional circumstances when all other documents have been exhausted. * less than three months old ** issued within past 12 months. I confirm that I have seen the documents that I have marked with an X Signed.Date. Please return documentary evidence sheets with the completed DBS form to: Carol Clarke Diocesan Safeguarding Adviser Cathedral & Diocesan Offices 1 Hill Top Coventry CV1 5AB 14
Appendix 3 July 2013 updated March 2014 Checking identity of applicant flowchart Route 1 Can the applicant produce a Group 1 document? Yes No Applicant must produce Proceed to Route 2 1 document from Group 1 and 2 further documents from Group 1 or Group 2. One document must verify their current address Route 2 The applicant must produce: Three documents from Group 2 comprising of: One document from Group 2a and A further two documents from Group 2a or 2b; one of which must verify their current address and The organisation conducting the ID check will need to ensure an external ID validation check is undertaken. Route 3 All registered bodies must have exhausted Route 1 and have made every effort to have accessed an external validation check (Route 2) before considering the use of Route 3. The applicant must produce: A certified copy of a UK birth certificate and Four further documents from Group 2 comprising of: One document from Group 2a and Three further documents from Group 2a or Group 2b; one of which must verify their current address. If the applicant fails to produce the required documents set at Route 3, they will need to go for fingerprinting. This may add delay to the overall process. 15