Care employers urged to avoid confusion on DBS checks, after landmark ruling

Employment law specialists ELAS are urging care sector professionals to keep DBS check standards high, after recent controversy at the Court of Appeal (CA).

The CA ruled that the UK’s current criminal record checking system had been impacting unfairly on the life of a 21-year-old Manchester man, whose attempts to become a teacher were harmed due to police warnings he received at 11 years of age, in connection to the theft of bicycles.

Consultant Peter Mooney is anxious that care employers do not change their habits in light of this ruling until any clearly defined amendments have been announced by the Government.

On the recent ruling he comments:

“The CA has deemed this man’s circumstances to be a breach of human rights and decided that a filtering system could remove old and minor convictions and cautions, such as petty theft, from records.

“Those against the decision have argued that the very disclosure of all convictions is justified because the DBS scheme protects employers and the children and vulnerable adults in their care.

“It is therefore essential that people working in the education and care sectors continue to be subject to checks that are both rigorous and strenuous in nature so that a previously settled area of law does not get thrown into confusion.

“Any misdemeanours, whether recent, or historic, should stay on record for the duration of a jobseeker’s career. This is because an employer is entitled to access all of that information to make a fair decision about whether or not to offer someone a role.

“There is a real danger that employers will notice the changes keenly and ultimately carry the full burden of this new responsibility, taking it upon themselves to delve into a person’s background.

“This would be even more of an infringement on privacy than the existing system is subject to and would defeat the point of the new law.

“Now it is up to Parliament to decide what amendments to make in the light of the judgment with the Home Office stating that the decision could comprise vulnerable people and that it would appeal to the Supreme Court in the coming weeks.

“It is important to note that for now, pending any further appeal, it is business as usual for employers wishing to conduct checks, a point emphasised by the Home Office’s new Disclosure and Barring Service, formerly the Criminal Records Bureau.”

The DBS checks, formerly known as CRB checks, must be undertaken by any prospective employees looking for work in the care and education sectors.