Protocol for the Disclosure of Personal Data Relating to Criminal Offences

RELEVANT GUIDANCE

DBS Guide to Eligibility

DBS Privacy Policy

1. Disclosure and Barring Service Check for Children and Young People Service Employees and Volunteers

All employees and volunteers are required to complete a Disclosure and Barring Service (DBS) form prior to and during their period of employment and/or volunteering.

The Recruitment Unit will usually facilitate this request. A copy is retained on the personal file of all employees/volunteers.

Notifiables - if an employee or volunteer is arrested and declares at the time of arrest that he/she is an employee or volunteer with Kirklees Council who has contact with children or vulnerable persons the Police Disclosure Unit will notify the Local Authority of the arrest if relevant to the role, if not notification will only be done on conviction / caution etc.

There is a cost to the Service of £44.00 for an enhanced DBS for all employees and volunteers.

2. Foster Carers, Adoptive Parents and Respite Carers

Enhanced DBS checks are completed for:

  • All prospective or employed foster carers;
  • All Family & Friends carers for whom approval as foster carers;
  • All prospective or adoptive parents;
  • All family members related to the foster carer or adoptive parent to enable them to look after a child including baby sitting/respite care;
  • Private Foster Carers;
  • Step parent Adoptions.

The DBS process is followed with the occupation given as KINSHIP CARER, this will prevent them from been returned by the Police Force Disclosure Unit. 

Family members included in this group:

  • Grandparents;
  • Sisters;
  • Brothers;
  • Aunties;
  • Uncles;
  • Step family.

There is a cost of £44.00 for an enhanced DBS for all Kinship Carers to the Family Support and Protection Service.

3. Parents, Partners and Extended Family Members Exempt from Section 2

An application for a police check on an individual is completed for:

  • Placement with Parent Regulations (PWP);
  • Pre-birth assessments;
  • Relatives or other adults having contact or providing significant contact;
  • Applicants for Special Guardianship or Child Arrangements Order.

The application for a police check on an individual (see Application for Police Check on an Individual) should be completed, ID checked, signed by the social worker and authorised by a designated Senior Manager to send to the Police Force Disclosure Unit. 

The response will be returned to the designated Senior Manager who will then contact the relevant social worker/Team Manager to share the information. Copies of the information must be kept securely and used solely for the purpose intended.

There is no cost for an application for a police check on an individual to the Family Support and Protection Service.

4. Ongoing Childcare Proceedings at Court for a Child/parent who has Previous Involvement

  • This relates specifically to requests for copies of witness statements, police interview transcripts of any party to the care proceedings;
  • These need be submitted to the relevant Force Disclosure Unit via Kirklees Legal Department with any appropriate court order. 

Responsibility for this rests with Legal Services.

5. Section 47 Enquiries

The relevant form (Request for Police Check for Child Protection Enquiry) should be completed by the social worker and sent to the Child and Public Protection Unit who will complete the check and provide information directly to the Social Worker.

There is no cost for an application for a police check on an individual to the Family Support and Protection Service.

6. Police National Database

When processing the disclosure request the Police Force Disclosure Unit will also complete a Police National Database check. This will determine if the person is known to any other police force. The disclosure response will highlight which police force and a separate disclosure check will need to be made to that authority. The procedure outlined in Section 3, Parents, Partners and Extended Family Members Exempt from Section 2 should be followed.

There is no cost for an application for a police check on an individual by another Police Authority to the Family Support and Protection Service.

7. Disclosure Information

The disclosure print out will contain a summary of information relating to all cautions, convictions or reprimands as well as information relating to domestic violence/child protection records. The Full Disclosure Help Sheet should be referred to.

Designated Signatories in Directorate of Children and Young People

The council is able to have 3 designated managers who are required to submit specimen signatures to the Force Disclosure Unit.

The designated signatories are responsible for ensuring the accurate completion of the requests and will be the recipient of the information provided. They are also responsible for the safe dissemination of the information, storage and destruction of information disclosed.

The Force Disclosure Unit will only accept receipt of enhanced DBS or applications for a police check on an individual if the application has been countersigned.

All services within Family Support and Protection Service will need one of the designator signatories to sign off the request forms as otherwise the request will be returned by the Police Disclosure Unit and further submission may lead to additional charges being made.