Agenda item

Report of the Director of Legal and Democratic Services (LDS/24/1) on proposals for extending DBS checks to all Cabinet members in line with the recommendation of the Bailey report, attached.

(a) that the Report and Recommendations of the independent review carried out by Simon Bailey CBE, QPM which contains a recommendation of enhanced DBS checks for all Councillors in Unitary and Single Tier Authorities who are being considered for appointment to any Committee involved in decisions on the provisions of children’s services or services for vulnerable adults, be noted;

(b) that the recommendation of this Report requires legislation and therefore would delay any implementation; and

(c) that Council be recommended to update its DBS Policy to reflect this good practice recommendation for enhanced criminal record checks being mandatory for the Cabinet, given their role in making decisions on the provision of children’s services or services for vulnerable adults.

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/1) which outlined proposals for extending DBS checks to all Cabinet members in line with the recommendation of the Bailey report.

The Report outlined the background to how the Council first commenced conducting DBS checks, with the Audit Committee on 27 July 2018 (Minute *33), considering the matter. The Procedures Committee then reviewed the  matter on 10th September 2018 (Minute *44) and, RESOLVED that the Council adopt a policy of conducting a Basic DBS check for all Members of the Council, notwithstanding a Councillor might 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, as a member of a Committee which discharges a relevant function.

The Home Office had commissioned Simon Bailey (former Chief Constable of Norfolk Constabulary, and National Police Chiefs’ Council lead for child protection and abuse investigation) to carry out a review of the effectiveness of the regime in safeguarding children and vulnerable adults. This concluded that the disclosure and barring regime was delivering its mission of helping employers / organisations to make safer employment decisions, but he identified several areas where the regime could be strengthened.

He further reported there was no uniformity of practice among Councils in relation to obtaining criminal record checks for safeguarding purposes.

The Report (on this issue) concluded it was not necessary that enhanced checks applied to all Councillors, but rather to those who were being considered for appointment to any Committee involved in decisions on the provisions of children’s services or services for vulnerable adults (recommendation 5). In Devon, this would apply to the Councils Cabinet.

The Committee noted that the position of Councillor was not named in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Therefore, there was no eligibility for a DBS certificate at a Standard or Enhanced level, solely on the basis of being a Councillor. They must be carrying out further activities as prescribed in legislation. A Councillor was only eligible for an enhanced DBS certificate without DBS barred list checks if they met the specific legislative criteria from the Safeguarding Vulnerable Groups Act 2006 set out below in the Report.

Furthermore, the Committee noted that on the 18^th January 2024, a letter had been received from Simon Hoare MP, Minister for Local Government, outlining that the Government was supportive of this recommendation in the Bailey Report and urged its adoption within Local Authorities.

In summary, the proposed recommendation ensured that the Council’s DBS procedures were brought in line with the recommendations of the Bailey Report, thereby strengthening current processes and the Committee were supportive of the proposals.

It was MOVED by Councillor Letch, SECONDED by Councillor Hart, and

RESOLVED

(a) that the Report and Recommendations of the independent review carried out by Simon Bailey CBE, QPM which contains a recommendation of enhanced DBS checks for all Councillors in Unitary and Single Tier Authorities who are being considered for appointment to any Committee involved in decisions on the provisions of children’s services or services for vulnerable adults, be noted;

(b) that the recommendation of this Report requires legislation and therefore would delay any implementation; and

(c) that Council be recommended to update its DBS Policy to reflect this good practice recommendation for enhanced criminal record checks being mandatory for the Cabinet, given their role in making decisions on the provision of children’s services or services for vulnerable adults.