Purpose

To consider the introduction of Disclosure and
Barring Service checks for councillors and co-opted members.

Decision

RESOLVED that the policy is
adopted.

Reasons for the decision

1.    
An independent review of the DBS regime was carried
out by Simon Bailey CBE QPM in April 2023 to provide assurance to
government ministers about the effectiveness of the regime in
safeguarding children and vulnerable adults.

 
2.    
Recommendation 5 specifically referred to local
councillors:
“I
recommend that an enhanced criminal record check is made mandatory
for all councillors in unitary and upper 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. I accept that this would require
legislation and therefore some inevitable delay, so I further
recommend that these authorities are encouraged to adopt this
procedure as best practice pending legislation.”
 
3.    
In January 2024 the minister for local government
wrote to all council leaders urging them to adopt as best practice
enhanced DBS checks for all councillors serving on committees with
responsibilities for children’s services or services for
vulnerable adults, to ensure public confidence in political
representatives.

 
4.    
The leader of the council asked officers to prepare
a policy to introduce this practice.
 
5.    
Until the legislation changes the only criteria that
can be used for enhanced DBS checks is for councillors who sit on a
committee, panel or group with responsibilities for
children’s services or services for vulnerable adults. 37
councillors plus the statutory co-optees on overview & scrutiny would be eligible
for an enhanced check. The remaining three councillors,
non-statutory co-optees and mayoral
consorts would be eligible for a basic DBS check. This is the
recommended option as it gives effect to the ministerial request
and based on current appointments, 90% of councillors are eligible
to have an enhanced DBS check.

Alternative options considered

1.    
It is not a legal requirement for councillors to
have DBS checks. It is within the council’s power to put this
in place as best practice.

 
2.    
The cabinet has three options:
 
·      
To agree the policy attached to the report at annex
A. This is the recommended option as it gives effect to the
ministerial request and the recommendations of the Independent
Review of the Disclosure & Barring Regime, for eligible
councillors to have enhanced DBS checks. Currently 37 of the
council’s 41 councillors would be eligible.
·      
To amend the policy, for example to require basic
DBS checks for all councillors regardless of their role until
legislation permits enhanced checks
for all
councillors.
·      
Not to agree the policy and no DBS checks of
councillors would be undertaken.