Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: October 15, 2024

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

Content: 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.