Follow ERSFU
Disclosure and Barring Service (DBS)
Most have heard of Criminal Record Bureau (CRB) checks
Unfortunately the system and associated requirements seem to be forever changing. Here we try to explain the current (December 2013) position amnd provide useful links to find out more
Criminal Records Bureau (CRB) merged with the Independent Safeguarding Authority (ISA) in December 2012 to become the Disclosure and Barring Service (DBS)
Since that time DBS disclosures have been issued, not CRB disclosures
From June 2013 DBS no longer issued 2 copies of the disclosure; now only the applicant gets a copy. The organisation (eg RFU) does not get a copy so must ask the applicant to send in their copy, to ensure it is "clear" or can be risk assessed
Some sports organisations use e-bulk (electronic submission of disclosures) and are told if the disclosure is "clear" or contains "content" – so probably only ask those with content to send theirs in
Protection of Freedom Act 2012 changed the definition of "Regulated Activity" (RA).
Regulated Activity, for work with children in a rugby setting is:
Teaching
Training
Instruction
Care or
Supervision of children,
carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period, or overnight, all on an unsupervised basis.
An Enhanced DBS check (without barred list checks) can be applied for if the role is specified under the activity above but the the individual must be supervised by an individual in Regulated Activity i.e. has been DBS checked to enhanced level with an appropriate barred list check.
To understand the difference between a Standard DBS check, an enhanced one and an Enhanced one with list checks visit the government's DBS website
There are certain roles that are not deemed eligible for a DBS check:
Chairman, Treasurer, Secretary (Fixture, Membership, Junior Club)
Bar staff / Catering staff
Ground staff
Youth registrars
Anyone whose only role is to access database information (e.g. Rugby First)
Administrator
Website administrator
Photographer
However, care should be taken to look at the role they carry out, rather than looking at their job title: If a bar manager also supervises children (ie if there is an hour's break between sessions and no coach is supervising them) – he WILL require a check, but for the role of "supervisor" not "bar manager"
A youth rugby parent helper who is just at the pitch to hand out equipment and set up training equipment will not fall within the definition of eligibility despite being pitchside and in contact with children. However, if they are acting in a "training" or "supervisory" capacity assisting the qualified coaching team, they will be eligible for a check as a junior supervisor
You find this link useful when trying to decide if someone is eligible for a DBS check
Definition of Supervision
Supervision is defined as always being within sight AND hearing of another coach/person in RA the role requires a DBS, the person is not supervised, and will therefore be in Regulated Activity and require a DBS with barred list check
If someone is supervised by someone in Regulated Activity they will not require a DBS with barred list check, just a DBS
However, it is unlikely that coaches will always be able to hear and see what other coaches or parents are doing all the time. Therefore it is wise to deem that the role requires a DBS: The person is not supervised and therefore requires a DBS with barred list check
If schools wish to guarantee someone will be supervised, they can apply for a DBS without barred list check for some roles
Legal Requirements
It is important to get this right, as in the future (date to be announced) it will be a criminal offence to employ someone in Regulated Activity who has not had a DBS with barred list check
It is illegal for an employer (County Union, Schools Union or school) to knowingly employ someone in regulated activity when they know that person is barred from working in Regulated Activity
It is an offence for a barred person to work, or seek to work in Regulated Activity in a sector from which they are barred
Important Note
A DBS is only one small part of good recruitment practice!
For general advice consult the DBS website
For more rugby specific advice visit the RFU website section on Safeguarding
Process
Applicant must have a DBS every 3 years (unless they join the Update Service – see below)
If applicant has had an RFU DBS/CRB before, they should receive a form automatically. If they do not, they should request one from TMGCRB online or telephone TMGCRB on 0845 251 3000
-
They should complete the form, and visit an ID verifier to get their documents checked
-
They should send the form to TMGCRB for processing
-
They should receive their disclosure within 2-8 weeks
-
They should register with the Update service within 14 days (see below)
-
They must send their disclosure in to TMGCRB for their details to be added to the database, or their disclosure to be risk assessed
-
Their disclosure will be returned to them
Update Service
In June 2013 the Home Office introduced the Update Service.
If an applicant registers with the Home Office for this, the RFU (and other organisations if they choose to) can do a simple on line check (eg every 3 years or more often) to ensure the person’s criminal record has not changed.
They will be told one of three things:
The DBS did not reveal any information and remains current (ie criminal record is clear)
The DBS remains current and no further information has been identified (ie the original certificate was NOT clear, but has not changed)
The DBS is no longer current (ie there is new criminal record history). If this is the case, a new DBS would be required to find out the new information
Therefore for RFU, if you are a volunteer, provided you register on line annually (takes 2 minutes) you will never need to do another DBS check for RFU. The RFU can do the on line Status check for free rather than every three years asking you rto do another DBS
The cost for this is £13 a year for paid employees and free for volunteers but registration must be done annually.
Transportability (use of a DBS check performed in connection with another sport, say, cricket)
Currently RFU does not accept clearances identified by other organisations. There are complex reasons for this, including the risk of breaking the law. This may change in time, but at the moment don't plead "I've already got one because of my football coaching"!
