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  • Agenda item

    DISCLOSURE BARRING SYSTEM (DBS) WORKING GROUP

    • Meeting of Standards Committee, Wednesday, 11th December, 2024 5.15 pm (Item 20.)

    To receive a report from the DBS Working Group on Disclosure Barring System (DBS).

    Minutes:

    The Committee had before it, a report * from the Director of Legal, HR & Governance (Monitoring Officer) on the Disclosure Barring Service (DBS) for working group report.

     

    The Director of Legal, HR & Governance (Monitoring Officer) outlined the content of the report with particular reference to the following:

     

    • This was an update to Cabinet Members on the outcomes of the Standards Working Group who considered DBS checks for Members.
    • The Working Group consisted of Cllrs Luke Taylor (Leader), James Buczkowski (Cabinet Member for Finance, Risk & Governance) and Andrea Glover (Chair of Standards Committee).
    • The outcomes were in the report and the Safeguarding guidance notes and DBS checks was included.
    • An update to the report on the financial implication were now £21.50 It had increased, therefore to carry out the DBS checks it would be via a third party provider with a total cost of £38.48.
    • The cost for 42 members would be a total of £1616.16.

     

    The following was discussed:

     

    • There was a lot of discussion around the different parts and of the validity of conducting DBS checks and no actions taken from central government on Councillors to have a DBS Check.
    • The most important part was trust from the electorate and for them to feel safe and secure when present with a Councillor.
    • Within 2.6 of the report following consultation with the Head of Paid Service and Safeguarding Lead (where safeguarding issues), the Head of Paid Service would discuss the matter with the relevant member in consultation with Leader of the relevant Political Group and advice provided on any steps that should be taken. What about ungrouped members.
    • Would the Chair of the Council not be a relevant person to consult with for those members that were ungrouped?
    • The DBS to be transferable to other activities members were involved in.
    • What would happen given that there was no legislation or government procedure, if the councillor just simply refused to submit the DBS or did not authorise it being shared with the group leader. What would happen?
    • The code of conduct was based on legislation and/or government guidance, whereas the DBS was not.
    • The Council should write to government to mandate enhanced DBS Checks.
    • Would the DBS be published in the public domain and the risks this would have.
    • The legislation stated ‘you cannot stand for election’ if you had been convicted of a crime within the past five years.
    • What would the values be to the Council if Councillors had a DBS check?
    • The DBS check would be a small part of the guidance and procedures in regards to safeguarding Councillors.
    • This would be a safeguarding measure for the residents.

     

    It was therefore RESOLVED the Standards Committee recommend to Full Council that:

     

    a)    DBS checks are mandatory for all Members from May 2027 onwards;

    b)    That any member can voluntarily have a DBS check from January 2025 until May 2027 when they become mandatory;

    c)    The Head of Housing & Health is delegated to make any necessary changes to the Corporate Safeguarding Policy and related DBS policy in conjunction with the Cabinet member for Quality of Living, Equalities and Public Health;

    d)    This Council write to government to ask for enhanced DBS Checks for all Councillors in the future.

     
    (Proposed by the Chair)

     

    Note:  * Report previously circulated.

    Note: ** P Colthorpe voted against.

    Note:*** N Woollatt Abstained from voting due to not being at the start of the debate.

     

     

     

    Supporting documents:

    • DBS Working Group report Dec 2024, item 20. pdf icon PDF 342 KB
    • Draft Mid Devon A Councillors Safeguarding Guidance notes ad DBS Checks Final (002), item 20. pdf icon PDF 608 KB
    • Appendix Standards Commitee June 24 DBS Report, item 20. pdf icon PDF 258 KB
    • Appendix June 2024 Safeguarding Policy report, item 20. pdf icon PDF 479 KB