Safer Recruitment and People Management Change Log

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Last updated: 15 December 2021
Version: 1

This page contains all the changes which have been made to this Guidance since it was first uploaded in September 2021.  Please note, changes can only be made to the Good Practice Advice.  Changes to the Requirements need full approval. 

Change Log Document History: 

Version 1: 14/12/2021

Version 2: 11/03/2022

 

Date of change

Section

Original version

New version

Made by

11.03.2022

FAQ p6 Clergy DBS level

What level of check are clergy eligible for?

All ordained clergy with authority to exercise their ministry (including those with Permission to Officiate) in accordance with Canon C8 of the Church of England Canons (“Of ministers exercising their ministry”) are and will be eligible for an enhanced DBS check with barred list checks in relation to both children and adults.

This policy requirement was agreed at a series of meetings with Government officials in 2012/3.

The basis for this is that a member of the clergy, once ordained, is expected to provide a range of services including pastoral care when exercising his/her ministry. So, where a person is ordained and has the authority to exercise his/her ministry, he/she will have the authority required to undertake work which is “regulated activity”.  It is recognised that a cleric could be called upon to undertake such work at any time without any further accreditation or approval process.  Such an individual is therefore deemed to be part of the workforce carrying out “regulated activity” irrespective of the remit of his/her current post or the nature of his/her current role.

A member of the clergy in the Church of England who does not have authority to exercise his/her ministry in accordance with Canon C8 would not be automatically engaging in “regulated activity” and will not be eligible for an enhanced DBS Check with barred list check

March 2022

Amended FAQ:

Q: What level of DBS check are clergy eligible for?

A: All ordained clergy holding the bishop’s licence, which, for the avoidance of doubt, includes those with Permission to Officiate (PTO), will be eligible for an enhanced DBS Check with a check of the barred list because by virtue of that licence:-

They are engaging in “regulated activity”; or There is a “reasonable expectation” that they may be called upon to engage in “regulated activity” at any time.

Additional FAQs:

Q: What level of DBS check are those seeking selection for training for ordination or licenced lay ministry eligible for?

 

A: Individuals going through the discernment or training process for ordination or licenced lay ministry will be eligible for an enhanced DBS with barred lists check.  This is because they will be working with/have substantial contact with children and vulnerable adults as part of their training.

Q. Who is responsible for obtaining DBS checks and any subsequent renewals required during the discernment/training process?

A: TEI training is essentially an extension of the diocesan relationship and therefore responsibility for the DBS remains with the sending diocese, as well as any renewals required for those in the discernment/training process.  There is no requirement to repeat this check by the TEI, even if placements will be in a different diocese.  However, TEIs should not assume that this check has been done and need to seek confirmation that this check has been done, is not in need of renewal and that both the children’s and adult workforce have been included.  TEIs should view the DBS certificate and verify that it is for working with both the children and vulnerable adults workforce as well as record the name of the subject, the date of issue, the level of disclosure, the unique DBS reference number, the position for the which the disclosure was requested, the date seen and by whom. If a student’s DBS check needs renewing during training then this is the responsibility of the sending diocese, but again the TEI needs to see and record details of the new DBS certificate.

 

DM

11.03.2022.

9 – DBS Toolkit Section A

A. Clergy - All require an Enhanced DBS with barred list check

 

Applies to all Church of England ordained and licensed Clergy including Archbishops, Bishops, Archdeacons, Deans, stipendiary parish Clergy, self-supporting Minister / non stipendiary Ministers, Chaplains, locally ordained Clergy, Clergy with ‘permission to officiate’, and those seeking ordination training or ordination. 

 

March 2022

All ordained clergy holding the bishop’s licence, which, for the avoidance of doubt, includes those with Permission to Officiate, will be eligible for an enhanced DBS Check with a check of the barred lists because by virtue of that licence:-

They are engaging in “regulated activity”; or

There is a “reasonable expectation” that they may be called upon to engage in “regulated activity” at any time.

 

All those going through the discernment or training process for ordination or licenced lay ministry will be eligible for an enhanced DBS with a check of the barred lists.  This is because they will be working with/have substantial contact with children and vulnerable adults as part of their training.

 

DM

11.03.2022

9 -  DBS External Resources

 

March

Added links to new DBS video

DM

11.03.2022

10 – Criminal Records

 

March

Flowchart was incorrect, new version uploaded

DM

14.12.2021

9 – DBS: External resources

 

December:

Additional links to the DBS flowchart for home working and to the DBS Regional Outreach service have been added

 

DM

14.12.2021

9 – DBS: Footnote 2

September:

Defined by the DBS as “the applicant carries out some or all of his or her work with children or vulnerable adults from the place where the applicant lives; or they live in the household of someone who is being or has been checked because they work with children and carry out some or all of their work from their own home”

December:

Defined by the DBS as “the individual carries out some or all their work with children or adults in their own home; or lives in the household of someone who is being or has been DBS checked because they carry out work with children (not adults) in their own home”.

 

DM

14.12.2021

9 – DBS: Updates Service

September:

Disclosure certificates obtained from previous or other employers, or in previous or other voluntary roles are not portable unless the individual is registered with the “DBS Updates Service”,  If an individual is subscribed to the DBS Update Service, his/her most recent DBS Certificate can be viewed to establish if the workforce (ie Child, Adult, Child & Adult, Other) and level of check meets the requirements of the new role, and then the DBS Update Service accessed for confirmation as to whether anything has changed since the certificate was issued. 

December:

Disclosure certificates obtained from previous or other employers, or in previous or other voluntary roles, are not portable unless the individual is registered with the ‘DBS Update Service’ If an individual is subscribed to the DBS Update Service, they must be asked to confirm which workforce (i.e. Child, Adult, Child & Adult, Other) and level of DBS their current DBS certificate is for.  If these details meet the requirements of the new role then the DBS Certificate should be viewed and the DBS Update Service accessed to establish if anything has changed since the certificate was issued.

 

 

DM

14.12.2021

9 – DBS: Eligibility toolkit

 

December - Added:

If an individual is working with children but does not satisfy the frequency test or period condition and/or are supervised, so he/she is not in regulated activity in relation to children, then he/she may still be eligible for an enhanced DBS check (without barring information but this will depend on careful analysis of the work involved.

If you are unsure you should seek advice from your diocesan registrar.

 

 

DM

14.12.2021

FAQs: p 8 home based positions

September:

The DBS define a “home-based position” as:

 

  • the applicant carries out some or all of his or her work with children or adults from the place where the applicant lives; or
  • the applicant lives in the household of someone who is being or has been checked because that person works with children and carries out some or all of the work from home.

 

If a member of clergy meets this criteria, then you can place a cross in the “yes” box in field x66 of the DBS application form.

 

It may be that most clergy will fall into the category of home-based working. 

 

Clergy resident in a vicarage will probably have a home office in their home where they welcome all visitors and/or use their vicarage to meet people.  However, this is not always the case – others may not meet anyone at their home; having an office elsewhere, e.g. connected to the actual church building or church hall, where they meet people. 

 

Therefore, an analysis of the role still needs to be carried out to ensure that it satisfies the DBS definition i.e. that individuals must be actually having substantial contact with children and/or vulnerable adults in their homes – writing up notes of a meeting will not count!

 

Further advice can be found here -

https://www.gov.uk/government/publications/dbs-home-based-positions-guide/home-based-position-definition-and-guidance

December:

As defined by the DBS, a home-based check is for roles that are eligible for an Enhanced DBS check in the child or adult workforce where the individual:

 

  • carries out some or all their work with children or adults in their own home; or
  • lives in the household of someone who is being or has been DBS checked because they carry out work with children (not adults) in their own home

 

If a member of clergy meets this criteria, then you can place a cross in the “yes” box in field x66 of the DBS application form.

 

It may be that most clergy will fall into the category of home-based working. 

 

Clergy resident in a vicarage will probably have a home office in their home where they welcome all visitors and/or use their vicarage to meet people.  However, this is not always the case – others may not meet anyone at their home; having an office elsewhere, e.g. connected to the actual church building or church hall, where they meet people. 

 

Therefore, an analysis of the role still needs to be carried out to ensure that it satisfies the DBS definition i.e. that individuals must be actually having substantial contact with children and/or vulnerable adults in their homes – writing up notes of a meeting will not count!

Where question x66 has been marked ‘yes’, the DBS application will be sent to police forces for consideration of third-party checks.

 

The purpose of the third-party check is to allow the police to consider information held not only on the applicant, but also on any family member, relative, or friend associated with their home address. As the legislation permits disclosure of ‘any information’, this may be considered for disclosure on a DBS certificate.

 

Further advice can be found here -

https://www.gov.uk/government/publications/dbs-home-based-positions-guide/home-based-position-definition-and-guidance

And here –

Home-based positions flowchart for child and adult workforces - GOV.UK (www.gov.uk)

 

DM