Disclosure and Barring checks (FOI)

​Requests

Could you list the number of crimes flagged on Criminal Record Bureau (CRB) checks and what the crimes have been for people applying for the following positions:

• care positions at nursing homes

• care positions at nurseries

• care positions at the hospital

• to become foster or adoptive parents

• teaching positions

Response

Information is not available to answer these questions as records are not held in a form which can facilitate a reply.

Under the Freedom of Information (Jersey) Law 2011, the scheduled public authorities are not obliged to manipulate or create new data in order to respond to a request

The States of Jersey Employment Board expects all services, including those that are commissioned to uphold high standards of safeguarding (children and vulnerable adults), to be consistent with best practice and compliant with statutory responsibilities.

The States of Jersey undertakes to treat all applicants for positions fairly and will only consider information obtained from criminal record disclosures which is relevant and / or has an impact on an individual’s ability to fulfil their job role.

Criminal Records Bureau (now Disclosure and Barring Service (DBS)) checks were introduced in 2002, before that time there was no central system for checking Police Records.

The States of Jersey have recently undertaken to review the eligibility for DBS checks for a large number of roles. Whilst the level of check undertaken varies dependent on the role undertaken, the majority of roles in the States of Jersey are now subject to criminal record checks, including administrative roles.

All employee checks required are processed centrally though for certain employees requiring a high level of authorisation additional checks are carried out by the relevant department.

The “Safe Recruitment” policy sets clear guidance in respect of the recruitment and selection process for persons who will work with vulnerable people and will help to deter, reject or identify people who are unsuitable to work with vulnerable people.

Disclosures relating to applicants or existing staff are subject to a formal risk assessment process. The risk assessment, takes into account.

• the seriousness and nature of the offence(s)

• the nature of the appointment / work being undertaken

• length of time since the offence(s) occurred

• the applicant’s age at the time, circumstances / explanation

• number and pattern of offences

• concealment of offences at application stage / time of conviction

• intelligence received in relation to third parties

• relationship with third parties

The Protection of Freedoms Act 2012 provides a greater level of control to the applicant over the disclosure of information than was previously the case. Disclosure certificates are provided to the applicant rather than the employer.

The States of Jersey does not record the number, or details of any offences committed by applicants for roles. Risk assessments are recorded for successful applicants .

Further information on eligibility for DBS checks can be found on the UK DBS website at the following link:

Disclosure and Barring: About us

Further information on the rights of individuals can be found at the following link:

The Protection of Freedoms Act 2012

Article applied

Article 3 Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.