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Thread: DBS check - what form(s)?

  1. #16
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    Yes, absolutely, POR is clear, and we need to follow it, as I said in my last post. However, the law and the government guidance sets the basis on which organisations need to assess risks to young people and vulnerable adults in their care, and as a result decide processes appropriate to their situations. For us, that happens at national level and we follow the resulting rules. I still read the government guidance (not POR) as suggesting that unsupervised access will not normally, of itself, be sufficient reason to request a check if the activity is not regular.

    Even if you accept that, it's still sensible to avoid unsupervised access wherever possible. But it's all a moot point because of my first sentence above.
    SL, 11th Hitchin

  2. #17
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    Quote Originally Posted by DKRSL View Post
    Yes, absolutely, POR is clear, and we need to follow it, as I said in my last post. However, the law and the government guidance sets the basis on which organisations need to assess risks to young people and vulnerable adults in their care, and as a result decide processes appropriate to their situations. For us, that happens at national level and we follow the resulting rules. I still read the government guidance (not POR) as suggesting that unsupervised access will not normally, of itself, be sufficient reason to request a check if the activity is not regular.

    Even if you accept that, it's still sensible to avoid unsupervised access wherever possible. But it's all a moot point because of my first sentence above.
    Really? Well, to settle this from the government's pov then...

    I've just been on GOV.UK website and gone through their "Find out what DBS check is right for your employee" tool with the following answers:


    1. 1What type of role is it?

      Caring for or working with children (under 18) or working in a school
      Change this answer
    2. 2What will the role with children involve?

      Teaching or caring for children
      Change this answer
    3. 3What will the teaching or caring involve?

      Teaching, training or supervising children, but not in a school, nursery, children's centre or home, detention service, young offender institution or childcare premises
      Change this answer
    4. 4Will the work be done frequently?

      No
      Change this answer


    https://www.gov.uk/find-out-dbs-chec...re-premises/no

    The answer that it gave me was:

    You can request an enhanced check without a barred list check

    If I swapped my answer on the fourth question and said the parent would be doing the work frequently, it would then ask if they would be supervised at all times (which they would not), and suggested an Enhanced DBS with a barred list check.

    But as TSA only does Enhanced DBS with barred list checks as standard...?
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  3. #18
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    Well, as we said, it's all a matter of judgment, and the judgment we need to follow is what's in POR. But I still find it unclear when I read the government guidance.
    SL, 11th Hitchin

  4. #19
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    Quote Originally Posted by daveb123 View Post
    Providing that it is not intended that they will have unsupervised access.

    Or in other words if it planned that each adult without a DBS will have someone overseeing them who has got a DBS then i agree.

    If it is planned that Mr Smith or Mr Smith and Mrs Jones who do not have a DBS between them will be supervising a group of kids whilst walking round an area being visited then you may need to think again.

    However, if they are only supervising them the once rather than regularly, then the law still applies and they should not need an enhanced DBS check and it would be a criminal offence to request one.

  5. #20
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    Quote Originally Posted by Old_Tom_Foley View Post
    However, if they are only supervising them the once rather than regularly, then the law still applies and they should not need an enhanced DBS check and it would be a criminal offence to request one.
    Go on show me where the law says that.

    I have shown you where our rules claim to be within the law and what that rules says. We have also seen what the dept of education says.

    So I want you to show me where the law says it is illegal to DBS an adult who will have unsupervised access to young people even if it only once.

  6. #21
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    Here. It works the other way round of course. You have to show that the role is eligible for a check, which depends in part on whether it involves regulated activity (I think, I'm not a lawyer, as they say...)

    If you look under the section for an enhanced check only (without access to the barred list), a role is eligible if it involves activity that is done infrequently, but more than once. So, activity done only once is not eligible, at least under that heading. Of course, in our context, we'd struggle to say that someone (probably a parent) was only ever going to help once.

    It is really complicated, with the distinction between whether activity is regulated and whether a role is eligible, which is another reason for us to follow POR.
    SL, 11th Hitchin

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