Calls for Mandatory DBS Checks for councillors rejected again

Last year, we reported on how Conservative councillors in East Devon were calling for Enhanced DBS Checks to be carried out on all councillors. The extra vetting was suggested as a preventative tool, following the discovery of historic abuses by former Exmouth mayor John Humphreys. The proposals were ultimately rejected due to there being no legal basis to conduct the DBS Checks.

Despite this, Tory councillors in Sandwell recently proposed that DBS Checks should be introduced as a mandatory measure for all councillors.

The Proposal

The proposal for mandatory DBS Checks was brought by Cllr Fisher at a council meeting in December 2021. The proposal stated:

“That this Council recognises that due to the roles and responsibilities of being a councillor it would be in the best interest of this Council and members of the public that all elected members are vetted.”

With a DBS, Sandwell Council can check a person’s criminal background without violating their privacy.

The DBS searches through an individual’s record for both spent and unspent convictions, cautions, warnings, and reprimands and the date of the offence recorded on the Police National Computer (PNC)

The advantage of getting Cllr’s to undergo a DBS is to help mitigate the risk of criminal behaviour happening.

The cost of an average DBS is £30 and takes around 14 days. Discussions on whether Sandwell Council should cover the cost of this will need further discussions.

I can confirm that Sandwell Conservatives have already introduced this, and all 10 Conservative Councillors have already completed a DBS check, and these are available for public viewing. The cost is covered by those individuals, so no cost to the Council or taxpayer.”

There are a number of issues with the information provided here.

First, although a DBS Check can search for both spent and unspent convictions, this information is only available on Standard or Enhanced DBS Checks. These checks are only for individuals carrying out ‘regulated activity’. In most cases, the work that councillors do would not fall under this classification. Councillors carrying out regulated activity as part of their roles will need one of these checks to meet regulatory compliance.

Second, DBS Checks cannot mitigate the risk of criminal behaviour happening. The information provided on a DBS Certificate contains an individual's criminal record history. It can help organisations make safe recruitment decisions by not employing individuals in roles where they pose a danger. A DBS Check cannot prevent criminal behaviour from happening.

Finally, mandating DBS Checks could very well be classed as a violation of someone’s privacy. Under the Rehabilitation of Offenders Act 1974 (ROA), a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the Act. Making DBS Checks mandatory for councillors could potentially force someone to disclose information that they are not obligated to reveal and that the council have no right to know about.

The current rules

While it might seem sensible to conduct DBS Checks on councillors, they aren’t necessarily appropriate. There are other rules in place already to ensure the wrong people don’t get into public office.

The Local Government Act 1972 states that people convicted of a crime who receive a prison sentence (or a suspended sentence) of three months or more in the five years before election day are unable to stand in the election.

On top of this, candidates for local elections must sign declarations stating they aren’t disqualified from standing in the election under Section 80 of the Local Government Act 1972. Relevant disqualifications are:

• You have been sentenced to a term of imprisonment of three months of more (including a suspended sentence), without the option of a fine, during the five years before polling day.

• You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations) or under the Audit Commission Act 1998.

A bill is currently going through the commons that will introduce more rules around who can become a councillor. The Local Government (Disqualification) Bill seeks to ensure that individuals with a conviction or enforcement action resulting in a notification requirement under the Sexual Offences Act 2003, a Sexual Risk Order, a civil injunction or a Criminal Behaviour Order are explicitly disqualified from becoming councillors.

A National Mandate for DBS Checks

Many councils across the UK already ask their elected members to carry out a Basic DBS Check as part of their role. These results are often published online for public viewing. However, there is currently no national rules around whether councillors require a DBS Check. The issue of DBS Checks for councillors is coming up frequently at the moment. Having some unifying national guidance could go a long way in clarifying things.

If you need more information on what DBS Checks are appropriate for your organisation, give us a call! Our expert consultants are always on hand to share advice on best practices when it comes to DBS Checks. You can give us a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk