PART 5M – DISCLOSURE AND BARRING SERVICE CHECKS FOR MEMBERS PROTOCOL

1. The effective date of commencement for this protocol is 4th May 2023.

2. This Protocol complies with the exception to the Rehabilitation of Offenders Act

1974 and with the Disclosure and Barring Service (“DBS”) Code of Practice.

3. This Protocol replaces all previous policies, decisions and/or precedents relating

to criminal records checks for Spelthorne Borough Councillors and co-opted

members.

General Principles

4. As the Council has a duty to protect the most vulnerable residents, this Protocol requires all councillors to undergo basic level DBS checks.

5. For certain Member appointments a higher level of check may be required. In those instances, the councillor will be advised.

The Process

6. All newly elected councillors shall be required to undergo a basic DBS check.

7. Within 14 days of being elected as a councillor or becoming a co-opted member of Spelthorne Borough Council, the councillor shall apply for a basic DBS check.  The cost of this check may be claimed as a councillor expense. 

8. Within 14 days of receipt of the DBS certificate, the relevant councillor or co-opted member will show the original certificate to a member of Committee Services.  Where a check is not clear, for instance, it contains details of an offence, a copy of the DBS certificate shall be referred to the Monitoring Officer, unless the content of the DBS certificate is disputed and the dispute is raised with the DBS within 3 months of the date of issue, in which case the certificate must be provided to the Monitoring Officer within 14 days following the outcome of the dispute.

9. In accordance with Section 124 of the Police Act 1997 disclosure information

will only be passed to those people who are authorised to receive it in the

course of their duties. The Monitoring Officer will maintain a record of the date

a check was requested, the date a response was received and a ‘list’ of all

those to whom the disclosure or disclosure information has been revealed

together with other relevant information. It is a criminal offence to pass this

information to anyone who is not entitled to receive it.

10. Disclosure information will only be used for the specific purpose for which it is

requested and for which the applicant’s full consent has been given.

11. Copies of the DBS certificate shall not be retained by the Council.

The Use of Disclosure Information

12. The existence of a criminal record or other information revealed as a result of

a DBS check will not automatically debar a Councillor from holding office.

13. In the event that the disclosure information received raises issues of concern,

the Monitoring Officer in consultation with the relevant Group Leader, will then discuss with the individual Councillor the restrictions considered necessary, to safeguard members of the public.

14. In the event that any issues arising from DBS checks are of such significant concern that they cannot be resolved by the actions in paragraph 13 above or the councillor in question is a Group Leader, the Monitoring Officer shall refer the matter to the Standards Committee for consideration.

15. This Protocol will be reviewed every two years and updated as and when

required as a result of changes in the law.