Policy on the Secure Handling of DBS Information
General Principles
As an organisation using the Disclosure and Barring Service (DBS) checking service to help assess the suitability of applicants for positions of trust, the London Borough of Bexley complies fully with the Code of Practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information. It also complies fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of certificate information and has a written policy on these matters, which is available to those who wish to see it on request.
Storage and Access
Certificate information should be kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. In Bexley certificate numbers and issue dates are logged on the HR system and copies are not retained. No record is kept of the content of the certificate.
Handling
In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties.
Certificates are required to be presented in person by the employee, to an HR Officer within the HR Business Centre who will record the certificate number and date on the HR system. Should the certificate contain a disclosure, the certificate will be scanned and placed in a secure HRBC folder on the N drive, pending review by the Deputy Director. The scanned certificate will be shown to the Deputy Director (not e-mailed) and once his or her written confirmation has been obtained as to whether employment should continue, the certificate will be deleted from the N drive and the Deputy Directors instruction will be placed on the personal file.
It is a criminal offence to pass this information to anyone who is not entitled to receive it.
To note: those registered care homes which are inspected by the Care Quality Commission (CQC), those organisations which are inspected by Ofsted and those establishments which are inspected by the Care and Social Services Inspectorate for Wales (CSSIW ) may retain the certificate until the next inspection. Once the inspection has taken place the certificate should be destroyed in accordance with the Code of Practice.
Usage
Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
Retention
Once a recruitment (or other relevant) decision has been made, we do not keep a copy of the certificate for any longer than is necessary - this is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep certificate information for longer than six months, we will consult the DBS about this and will give full consideration to the Data Protection and Human Rights of the individual before doing so. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail. Apart from this we will only record the certificate number which is retained indefinitely
Disposal
Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, not withstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
Acting as an Umbrella Body
We are not registered as an Umbrella Body with the DBS. An Umbrella Body being a Registered Body which countersigns applications and receives certificate information on behalf of other employers or recruiting organisations.
POLICY ON THE RECRUITMENT OF EX-OFFENDERS
General
All individuals or organisations using the Disclosure and Barring Service (DBS)
Disclosure service to help assess the suitability of applicants for positions of trust and who are recipients of Disclosure information must comply fully with the DBS Code of Practice. In compliance with the Disclosure Code of Practice London Borough of Bexley treats all applicants for employment who have a criminal record fairly and does not discriminate unfairly against the subject of a Disclosure on the basis of conviction or other information revealed.
This statement will be made known to all applicants for positions where a Disclosure is requested.
London Borough of Bexley’s Policy on the Recruitment of Ex-Offenders provides that:
· Having a criminal record will not necessarily bar someone from employment. This will depend on the nature of the position, circumstances and background of the offences.
· As an organisation using the DBS Disclosure service to assess an applicants suitability for working in a specific position within the Council, the Council endeavours to comply fully with the DBS code of practice in order to treat all applicants for positions fairly, and not to discriminate unfairly against a candidate who is the subject of a Disclosure on the basis of convictions or other information revealed.
· Within the defined categories set out by the DBS, the Council will exercise the same care in assessing the suitability of volunteers and non-employees for whom the Council has a locus in allowing involvement with its services and responsibilities.
· The Council is committed to the fair treatment of its staff potential staff or users of its services, regardless of their colour, race, ethnicity, nationality, culture, sex, disability, sexual orientation, or offending background.
· The Council will actively promote equality of opportunity for all and welcome applications from a wide range of candidates. All candidates will be selected for interview based on their skills, qualifications, experience, and suitability and appointments will be made on merit.
· A Disclosure is only requested after the Council’s own risk assessment has indicated that one is both appropriate/proportionate and relevant to the position concerned. For those positions where a Disclosure is required, job advertisements and/or recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position, and the final decision is conditional upon consideration of any relevant information this contains. Also where practicable a Disclosure may be required before the applicant is offered the position.
· Where a Disclosure is to form part of the recruitment process the advertisement and/or recruitment briefs will inform prospective applicants of this and the Council will expect all applicants called for interview to be prepared to discuss details of their criminal record, in confidence, with the interview panel at this stage of the recruitment process.
· The Council ensures that only appropriate staff are involved in the recruitment process and in assessing the relevance and circumstances of offences and that these staff act in accordance with the relevant legislation relating to the employment of ex-offenders.
· Unless the nature of the position allows the Council to ask questions about an applicant’s entire criminal record i.e; it is exempt under the Act, the Council only asks about “unspent” convictions as defined in the Rehabilitation of Offenders Act 1974.
· The staff who are making decisions about recruitment in the Council will discuss with the applicant any offences disclosed or other relevant information affecting their appointment. Failure to reveal relevant information could lead to a review of their employment with the Council.
· The Council will make every subject of a DBS Disclosure aware of the existence of the DBS Code of Practice and makes a copy available on request.
EXPERIAN DATA SERVICES END USER TERMS
When establishing the true identity of an applicant an external ID verification check may be used as an alternative to Route 1/1a. This will require us to provide an applicant’s details (as presented on the application form) to our chosen supplier Experian, who will compare the data obtained from the applicant against a range of independent, external data sources.
Please take a moment to read the Experian Terms and Conditions with regards to the core terms concerning the nature and use of the services, confidentiality, data protection, compliance and audit.