East Devon Tories Fail to Change DBS Rules, unsurprisingly.
Back in September, we reported on how Tory councillors in East Devon were lobbying to have rules around DBS Checks changed. The reason for this lobbying was down to former Conservative Exmouth mayor, John Humphreys, being jailed for serious sex offences between 1990 and 2001.
Lobbying Rejected
The councillors hoped to make Enhanced DBS Checks mandatory for any person applying to become a councillor. However, their argument was fundamentally flawed. Mandating Enhanced DBS Checks for councillors is bordering on illegal in most cases.
Following extensive campaigning from Tory councillors in East Devon, their attempts to change the rules around DBS Checks for councillors has been rejected. For anyone who knows anything about DBS Checks, this is not at all surprising.
Why you can’t mandate DBS Checks for councillors
Under the Rehabilitation of Offenders Act 1974 (ROA), people with criminal records aren't required to disclose any spent convictions. Unless the job they’re applying for, or are doing, is listed as an exception under the ROA.
‘Councillor’ is not on this list. This means that by mandating DBS Checks, the council could be forcing people to disclose information that they don’t have to share. Forcing someone to do this is illegal.
Many councils do have guidelines in place asking elected officials to carry out a Basic DBS Check. The results of these are generally published online. This might not be mandatory but in most cases, councillors are more than happy to do this.
Making a declaration
DBS Checks aside, all local election candidates must sign a declaration when they start the process of becoming a councillor. They must declare they aren’t disqualified from standing for election under Section 80 of the Local Government Act 1972. Relevant disqualifications are:
You have been sentenced to a term of imprisonment of three months of more (including a suspended sentence), without the option of a fine, during the five years before polling day.
You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations) or under the Audit Commission Act 1998.
On top of this, the Local Government Act 1972 states people convicted of crimes, who receive a prison sentence (or a suspended sentence) of three months or more in the five years before an election day are unable to stand.
DBS Checks can’t prevent crimes
The Tory group was accused by many in the area of trying to achieve ‘political spin’ by campaigning for changed rules for DBS Checks. Not only is trying to mandate Enhanced DBS Checks entirely inappropriate for most councillors, having them in place will not prevent crimes from being committed.
DBS Checks are an essential safeguarding tool that helps protect children and vulnerable groups. They provide employers with information that can help them make safe and effective recruitment decisions. However, they can only disclose information that the Disclosure and Barring Service (DBS) and the police have records of.
In the case of John Humphreys, he had never been convicted of a crime. If he had had an Enhanced DBS Check carried out, it would not have prevented him from committing the awful crimes that he did.
Primarily, DBS Checks help prevent people from carrying out roles where they pose a threat to vulnerable individuals, based on previous offences. DBS Checks are an integral part of a wider comprehensive safeguarding policy. They are not an infallible preventative and shouldn’t be relied upon as such.
If you need more information on what DBS Checks are appropriate for your organisation, give us a call! Our expert consultants are always on hand to share advice on best practice when it comes to DBS Checks. You can give us a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk