The Disclosure and Barring Service (DBS) provides criminal record checks for people working with vulnerable people in the England and Wales to help employers make safer recruitment decisions.
Former Safeguarding Minister, Rachel Maclean, announced in Parliament in February 2022 that she had been chosen to check if there were any problems with the current system and to suggest ways to improve it. A year later, the Independent Review of the Disclosure and Barring Service was published and made nine recommendations.
Purpose of the review
To check if the DBS is working well and is fair.
Problems with the current system
The review found that the current process is complicated and that there are gaps in the system. People worry that being checked might stop them from getting a job.
key recommendations for improvement
The review recommends making changes to improve the accuracy of the checks and to support people who get checked. The review also thinks the Government should look at the whole system to see if it's fair for everyone.
Other suggestions are to make things simpler, give more information and advice, and use more technology to improve accessibility and efficiency. The review says that the Government should talk to the public about the future of the DBS. At this stage, these are only recommendations and no changes have been made yet.
Thirtyone:eight’s take on the recommendations
Regulated Activity
We agree with the recommendation that policy makers should change the definition of ‘Regulated Activity’ with children so that supervised activities are no longer exempt. This will make it easier for organisations to understand if a role involves Regulated Activity, which will help them make safer recruitment decisions.
This change also supports the Independent Inquiry into Child Sexual Abuse (IICSA) recommendation to use the barred list more often. Currently, a barred person could still work with children if they are not in Regulated Activity, which is concerning. We know that many organisations, especially in the faith sector, find it difficult to navigate the eligibility criteria for DBS checks. We’ve created webinar and eLearning courses to help navigate this.
It has been our view for some time that an overhaul of Regulated Activity has been required. This provision provides the gateway to and basis for so many other areas that could afford improved protections for children and adults. Chief among these would be clearer application of existing and amended provisions for Positions of Trust (Sexual Offences Act 2003, as amended by the Police, Crime, Sentencing and Courts Act 2022) and potentially a firmer foundation for any new laws relating to Mandatory Reporting.
Both of these areas received particular focus and comment within the IICSA process and reports. Improved understanding of Regulated Activity would also enable clearer lines of responsibility for those in non-registered and ‘out of school’ settings who are providing care, training, support and supervision to children.
Issues raised by IICSA and the International Development Committee
We support the recommendation to change the law so that aid workers who are living or working in the UK, and whose work involves helping people in other countries, can have an Enhanced check.
The self-employed
We agree that self-employed people who work with children or adults at risk should be able to get an Enhanced check, even if they're not employed by an organisation. However, we're concerned that there's no regulator overseeing this.
The Security Industry Authority
We agree with the recommendation that ‘Door supervisors’ be made eligible for enhanced disclosure with barred list for the grant or renewal of their licence. The reason for this is because door supervisors might deal with people who are drunk or under the influence of drugs, and in that state, they may be in danger. This can happen not only inside but also outside the premises where they work. They may also meet children in places that serve alcohol or provide music, creating a risk of harm.
Name change
We agree with the recommendation that the Home Office and the DBS should continue assessing what further steps can be taken to prevent people from bypassing the DBS identification process, including considering making it mandatory to supply a birth certificate as one of the documents to prove identity. It's important to have a proper ID check to get an accurate and reliable certificate from the DBS. Thirtyone:eight has launched a new Digital ID Checking service that's more thorough than a manual check. Learn more about this at thirtyoneeight.org/news/thirtyoneeight-launches-new-digital-id-checks
The Update Service
We agree that the DBS should investigate if it's possible and how much it would cost to change the Update service. This would allow employers who are allowed to check a person's status to be informed if there's any change to the status of their DBS certificate. However, we think that the DBS needs to do more to educate people about when they can use a certificate issued through another organization. The employer guide on the DBS Update Service website provides guidance on how employers should use the Update Service.
