Staff with enhanced DBS checks (FOI)

​Request

A

Can you please tell me how many permanent employees of States of Jersey within the last decade, who have been employed within a role where an enhanced Disclosure and Barring Service (DBS) check is required, have subsequent to their employment been found to hold convictions of sexual offending?

B

Can you further break this down into those convicted of offending against children, and those found who have been convicted of offending against adults?

Response

Case Management was set up in March 2016 to manage employment cases centrally across Government for consistency. We do not hold information centrally on convictions of sexual offences on children or adults prior to this date. The departments are not aware of any convictions between 2010 and 2015.

No individuals between 2016 and 2020 were subsequent to their employment found to hold criminal convictions. However, some employees obtained convictions during their employment, as per the table below. None of these individuals remained in their employment following conviction.

Article 10 of the Freedom of Information (Jersey) Law 2011 has been applied.

The Department has determined that where numbers are less than five, to provide the specific number would likely breach the privacy of the individuals. Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

Article applied

Article 10 Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it, the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.