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ASTO DBS Umbrella Organisation Paperwork - Please refer to guidance on the DBS website however if you have any queries please do not hesitate to contact ASTO.
Designated Person/Organisation Agreement
Designated Checker Agreement
DBS Sample Policy on Secure Storage and Handling
DBS Sample Policy on Recruitment of Ex-Offenders
ASTO's Policy on Secure Storage and Handling
Following a thorough review in February 2011, of the Vetting and Barring Scheme a number of recommendations have been built in within the Protection of Freedoms Bill. For information, the services of the Criminal Records Bureau and Independent Safeguarding Authority has been merged and a single, new non-departmental public body created. The new organisation is now called the Disclosure and Barring Service (DBS).
Do you have the necessary safeguarding measures and policies in place? Register on the Safe Network website, there is no charge and the only emails you will receive from them will be helpful updates if anything changes. There is A Safeguarding self assessment tool and helpful policies are available on their website. These are free to use / adapt and offer a wealth of information.
Community Action Fareham recently ran a CRB Briefing for ASTO and a link to their website and relevant articles is available.
Guidance from the DBS website
Up to date guidelines for DBS Certificate applications are available here for applicants and countersignatories
Criminal record check process - for organisations. Employers may need to use criminal record checks as part of their recruitment processes.
A criminal records check processed through/by the Disclosure and Barring Service (DBS) provides details of an individual's criminal record. For certain roles it will also include information held on the DBS's children and adults barred lists, together with any information held locally by police forces that is reasonably considered to be relevant to the applied for post.
These checks are to assist employers in making safer recruitment and licensing decisions. However a check is just one part of robust recruitment practice. When a check has been processed by the DBS and completed the employer and individual will receive a DBS certificate.
From the link above you can find out when, as an employer or organisation, you may access criminal records checks and how to apply for them.
Disclosure and Barring Service started 1 December 2012 - update
As part of introducing the new Disclosure and Barring Service, the Government has reformed the definition of Regulated Activity (ie activity that you must not do if you are barred from working with children or vulnerable adults) starting 10 September 2012.
Under the new definition, the scope of Regulated Activity for work with children and young people that affects ASTO member organisations will be:
1. Unsupervised activities: teaching, training, instructing, caring for or supervising children, or providing advice / guidance on well-being, or driving a vehicle only for children.
2. Work for a limited range of establishments ('specified places'), with opportunity for contact, for example schools, children's homes, childcare premises (but not work by supervised volunteers).
Work under (1) or (2) is Regulated Activity only if done regularly. In this context, 'regular' means carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period (or in some cases, overnight).
Work that was previously Regulated Activity for work with children but will no longer be regulated, includes:
Activity supervised at reasonable level
Work in ''specified places'' which consists of occasional or temporary services, e.g. maintenance (not teaching etc.)
Volunteers in ''specified places'' supervised at reasonable level.
All "positions" e.g. governors, trustees etc
As the description of the new categories of Regulated Activity indicates, the issue of whether or not activity is considered to be regulated under the new definition may depend in many cases on whether it is supervised or not. The legal definition of supervision in the Protection of Freedoms Act 2012 states that the supervision should be:
'regular'
'day to day'
'reasonable in all the circumstances for the purpose of protecting the children concerned', and
'carried out by someone who is in regulated activity'
The definition deliberately 'gives local managers the flexibility to determine what is reasonable in their circumstances', and requires individual decisions to be made. To assist local organisations, the Government is therefore issuing guidance to help managers decide on the level of supervision required in any given situation.
October 2012 update
You may continue to use your current stock of CRB application forms until 28 February 2013. The CRB and ISA will merge to become the new DBS (Disclosure and Barring Service) from 1 December and new DBS application forms will be available after 12 November. DBS Certificates will be issued for all completed checks from 1 December 2012.
September 10 2012 IMPORTANT CHANGES
In order to understand how the legislative and organisational changes will impact on Employers please find a leaflet explaining the key changes happening in September, including new definitions of regulated activity. The Criminal Records Bureau will become the Disclosure and Barring Service from December 2012.
May 2012 Changes to Checking of documents for CRB Applications. Designated Persons/Checkers please ensure you download and read the guidelines and FAQs at the bottom of the page. It is the responsibility of Designated Persons and Checkers to ensure that they follow the new guidelines and the new ID checking process.
Independent Safeguarding Authority Referrals
Please note - The Coalition Government has published its Vetting and Barring Scheme review, but until new legislation to implement any changes is introduced, the current safeguarding responsibilities remain.
Employers, social services and professional regulators are under a legal duty to notify the ISA of relevant information, so that individuals who pose a threat to vulnerable groups can be identified and barred from working with these groups.
* If your organisation dismisses or removes a member of staff/volunteer from working with children and/or vulnerable adults (in what is legally defined as regulated activity) because they have harmed a child or vulnerable adult you have a legal duty to inform the Independent Safeguarding Authority (ISA).
* An organisation which knowingly employs someone who is barred is breaking the law.
* A person barred from working with children or vulnerable adults is breaking the law if they work/volunteer or seek to work/volunteer with these groups.
The referral form is available here.
A guidance document is available to help you understand the referral process.
The guidance sets out:
• the key elements of the referral process
• the circumstances under which a referral should be made
• the legal responsibilities of employers, including the paid and voluntary sector and also employees
• the main points of the law in relation to referrals
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