Agenda item

At the meeting of the Audit Committee on 27 July 2018 (Minute *33), in considering the matter of a Disclosure and Barring Service (DBS) check for all Members, it was RESOLVED that the issue of a DBS check for all Members be considered by the Procedures Committee.

The Procedures Committee is therefore asked to consider this matter and to aid discussion a briefing paper is attached on Eligibility for Disclosure and Barring Service checks for Councillors.

(Councillor’s Hall and Twiss attended and spoke to this item under Standing Order 25(2)).

The Committee noted that at the meeting of the Audit Committee on 27 July 2018 (Minute *33), in considering the matter of a Disclosure and Barring Service (DBS) check for all Members, it was RESOLVED that the issue of a DBS check for all Members be considered by the Procedures Committee.

The Procedures Committee was therefore asked to consider the matter and to aid discussion a briefing paper was attached for the information of Members on Eligibility for Disclosure and Barring Service checks for Councillors which outlined that the position of Councillor was not one named in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, therefore there was no eligibility for a DBS certificate at a Basic or Enhanced level, solely on the basis of being a Councillor. They would have to be undertakin further activities as prescribed in the legislation. The briefing paper outlined a range of criteria in respect of when such checks should be undertaken and the appropriate legislation that applied.

The Committee noted the current position (previously considered and determined by the Procedures Committee) which was that DBS checks were done on an exception only basis, when required and also after seeking the views of the County Solicitor.

The Council was also aware that Members may have had DBS checks, in another capacity, for example a school governor position.

The Committee discussed their community role and the potential for coming into contact with vulnerable people, when ‘incidental contact’ became more than that, the public perception that Councillors were vetted and appropriate to hold public office, the reputation of the Council, the current status with accepting DBS checks from other organisations and the subscription process to the DBS update service, the length of time required to undertake a DBS check and also the need for a process for if and when a DBS check revealed a matter requiring consideration and / or action by the Council, notwithstanding Councillors were elected and could not be treated in the same manner as employees.

It was MOVED by Councillor Biederman SECONDED by Councillor Wright and

RESOLVED

(a) that the Council adopt a policy of conducting a Basic DBS check for all Members of the Council, notwithstanding a Councillor may undertake certain roles which, in line with the legislation, required them to undergo an enhanced DBS check in relation to their contact with vulnerable adults or children or both or, is a member of a Committee which discharges a relevant function;

(b) that representations be made to Government regarding the current criteria which excludes the position of Councillor as named in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (meaning there was currently no eligibility in law for requiring a DBS certificate, solely on the basis of being a Councillor); and

(c) that Officers be asked to establish a Risk Assessment process that can be used to assess and record the risks of a Councillor in their role where a DBS certificate shows relevant convictions or other relevant information, and that these proposals be brought to the Procedures Committee in November 2018.