In April 2023, the Independent Review of the Disclosure and Barring Regime was published. We provided an initial response to the findings of the review immediately following its publication. We have now taken some time to consider the recommendations of the report in full and to consider the potential impact their implementation. Our full response to the DBS review can be read here.
We have provided comment on the majority of the recommendations made in the review. Notably, we have provided comment on those recommendations concerning changes to the definition of regulated activity, the self-employed, local councillors, the Security Industry Authority, name changes and the Update Service.
Generally, we are encouraged by much of the review. Any changes that seek to make the definition of regulated activity less complex are positive, given the poor practice that can exist because of a lack of clarity around what check is appropriate. We would also welcome change that would allow individuals to conduct their own elevated checks, which would allow people to have better information about what would be disclosed to an employer.
However, we have some concerns about where the review’s recommendations could lead to an increased in the number of Enhanced and Enhanced with barring checks that may be conducted, given the fact that this can lead to an increased risk of exclusion for people with criminal records owing to the way these checks are sometimes incorrectly used.
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