Disclosure and Barring Service

Helen Hayes Excerpts

Wednesday 26th October 2016 Westminster Hall

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I beg to move,

That this House has considered the performance of the Disclosure and Barring Service.

It is a pleasure to serve under your chairmanship, Sir David.

I sought this debate because, since being elected last year, I have been approached by a significant number of my constituents who have experienced serious personal consequences as a result of delays in the processing of enhanced Disclosure and Barring Service checks.

When I asked written parliamentary questions on the subject earlier this year, two things happened. First, the answers to my questions did not provide any comfort or confidence that the problems were in hand. Secondly, many more individuals, voluntary sector organisations, care providers, public sector employers and others got in touch with me to say that they had had problems, confirming my view that there is a significant problem with far-reaching impacts. Today I will discuss the nature of the problems with the DBS, the impact on individuals, the reasons behind the poor performance, the Government’s response, and the key issue of the current non-portability of DBS checks.

The DBS is a vital part of the safeguarding process. The process began under the Criminal Records Bureau established by the Labour Government, and I support it wholeheartedly. It is absolutely right that the checks take place and that anyone who, because of a previous conviction, is not a safe person to work with children or vulnerable adults can be prevented from doing so. However, the service must be run in an efficient and effective way, and it is clear that there are major problems in many parts of the country. Performance levels depend on the DBS itself and on the relationship between the DBS and the police forces across the country that are charged with delivering 25% of checks that come through the police character inquiry centres. The DBS and the police must work hand in hand to deliver a good service.

I will discuss that in further detail shortly, but I want to be clear about the impacts that the current delays in processing enhanced DBS checks are having. In November 2015, I was contacted by a constituent who was a student nurse and who needed a DBS check to be completed so that she could take up her student placement. She made the original application in August 2015. She did not receive her DBS clearance until December 2015, as a consequence of which she missed the first term of her nursing placement.

In March 2016, I was contacted by another constituent, who was seeking to complete six months of clinical experience in hospital and voluntary sector settings before enrolling on a programme of doctoral study in clinical psychology. He had submitted three applications for the three settings in which he was undertaking placements. That is an issue in its own right, to which I will return. The first application was made in October 2015, with two subsequent applications shortly thereafter. In anticipation of beginning his placements six months ahead of the commencement of the doctoral programme, my constituent resigned from his job only to wait several months for his DBS checks to be finished. That happened only in July 2016, far too late for the placements to be completed in time for the start of the course in September. My constituent has been forced to claim jobseeker’s allowance and to delay the commencement of his studies by a whole year as a consequence of the delays.

I have also been contacted by a healthcare worker who was unable to take up a job offer for five months; a parent-run nursery that is in breach of Ofsted regulations because it cannot appoint the required number of trustees until they have all been DBS cleared; a care agency that is unable to recruit a sufficient number of careworkers quickly enough to meet demand; and schools and hospitals experiencing frustrating delays in being able to fill vacant posts.

There are harder cases, including my constituent who is an ex-offender and has found it very difficult to find work. In May 2016, he was offered a job that he was keen to take up. He contacted me about the delay in processing his enhanced DBS check. Despite my office contacting the DBS a number of times and receiving assurances on three occasions that the case had been escalated, my constituent is still waiting for his DBS check more than five months later and the rare offer of employment has been withdrawn. When people are doing their very best to do the right thing and to turn a corner in their lives and move on, it cannot be right that the Government are placing an unnecessary barrier in their way.

The Criminal Justice Alliance—a coalition of 110 charities working across the criminal justice pathway—contacted me to say that, in recent months, the performance of the DBS, particularly in London, has been having a severe impact on its capacity to deliver services, delaying rehabilitation work for many prisoners. The Local Government Association is concerned about the national impact of DBS delays on the social care sector.

My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who is unable to attend the debate, contacted me with examples from her constituency of people who have been forced to claim benefits and use food banks, and who have even been issued with eviction notices, because they have been unable to take up employment as a consequence of DBS delays. In Sheffield, as elsewhere in the country, taxi drivers must undergo annual DBS checks. That is particularly important given the links that there have been between the taxi trade and child sexual exploitation in some parts of the country. However, the DBS is so slow in Sheffield that taxi drivers are sometimes unable to work for a third of every year as they await their certificate.

My point is that the consequences of the poor performance of the service are far-reaching, can be devastating, and can result in additional costs to the public sector and important posts in our public services and elsewhere remaining unfilled. I have sought to illustrate the impact on individuals, but what do we know about the bigger picture? The Government have not published any official data on the performance of the DBS since July, and have published no data at all on the most severely delayed cases, meaning those delayed beyond 60 days.

In July, of 51 police forces, only 32 had achieved the target of processing 85% of applications within 14 days. At the Metropolitan police, only 14% had been processed within that time. In North Yorkshire, the figure was only 12%, and in Nottinghamshire, it was just 7%. There is enormous variation in performance. Also in July 2016, the average time taken by the Metropolitan police to process an application was 128 days, while the average time taken in Norfolk was 1.8 days.

The Government website acknowledges that there are delays and states that action is being taken to address them but, in my view, the lack of comprehensive performance data, including the absence of any data at all on the most severe delays, combined with the lack of any substantive or detailed information about the plan for recovery, is not acceptable. The Government owe it to the many people suffering the severe adverse consequences of DBS delays to be much more transparent about the scale of the problem and the action being taken to address it.

I have spoken with the Public and Commercial Services Union, which represents 12,000 members based in the Home Office, including those working in the DBS, and more than 6,000 members in the Metropolitan Police Service. The PCS told me that, in February this year, the Metropolitan police character inquiries centre had a backlog of 70,000 applications waiting to be processed, with an average weekly intake of 6,000 new applications. That amounts to a 12-week backlog. The problem got so bad that DBS customer services staff were provided with guidance on what to do when they received calls from customers who were suicidal, which were becoming a more frequent occurrence.

The PCS acknowledges that some management action has been taken, including changes of leadership in the Metropolitan police team responsible for the character inquiries sector; increases in staffing; an increase in the number of permanent employees over agency staff; and streamlining of the process. That action led to some reduction in the backlog but it is clear that some of the problems are structural. Those include long-term understaffing and the short-term nature of the funding provided by the DBS to the police, which results in high levels of temporary staff and job insecurity, and means that experienced staff often find more secure work elsewhere. There are also problems with computer software.

Although I am strongly supportive of the role of the DBS, it is important that progress is made towards delivering a fully portable certificate. In my constituency, as across the rest of the UK, people move jobs, often work for more than one employer, or use valuable skills from their day job as a volunteer in the evenings or at weekends. All those circumstances lead to multiple applications that add to the workload of the DBS. I place on the record my support for the many employers and voluntary sector bodies calling for the development of a fully portable certificate.

Finally, I have personally been very disappointed by the responses I have received from the Government and the police when I have raised the issue of the poor performance of the DBS. Although they acknowledge that there is a problem, their responses across the board have failed to reflect the serious impact that the poor service is having on my constituents and on residents across the country. They have failed to convey any sense of responsibility for the failures. It simply cannot be the case that a system designed to protect our most vulnerable residents has the effect of punishing many entirely innocent citizens. That situation must be addressed.

In closing, I ask the Minister to answer the following questions. Will the Government publish full performance data for the DBS, arranged by individual police force, including data on the most severely delayed applications? Will they publish the recovery plan for the DBS, including the performance targets it is working towards? Will they consider bringing the DBS back within the Home Office? Will they review the funding arrangements for the police, with a view to providing a more stable funding environment to enable the police to resource DBS checks properly?

Will the Government commit to compensation for those who have lost earnings as a consequence of DBS delays? Will they publish plans to progress fully portable DBS checks? Finally, will they commit that, in situations where someone’s offer of employment is in jeopardy as a consequence of a DBS delay, their application will be escalated and dealt with within a fixed timescale of no more than three working days to prevent further hardship and cost to the public sector through the benefits system?

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

It is a pleasure to serve under your chairmanship, Sir David. I sincerely congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing the debate. There is no doubt that the Disclosure and Barring Service is vital, but we have heard powerful speeches about the impact on people’s lives and on employers if it is not right. I welcome this opportunity to address the issues that have been raised and I hope that, by the end of the debate, Members will be assured about the progress we are making. If not, and if I am not able in the time I have remaining to address all the points that have been made, not only will I of course agree to answer them in writing, but I am happy to invite Members into the Department to meet me and my officials and go through in more detail the important issues that have been raised.

Protecting the public is certainly a priority for me and for the Government. We will not compromise on safeguarding children and vulnerable adults. The DBS plays a vital role by enabling organisations in the public, private and voluntary sectors to make better-informed and safer recruitment decisions. It provides proportionate access to criminal record information, allowing employers to determine whether an individual is unsuited to certain kinds of work. It also manages two lists of those barred from working with children or vulnerable adults.

I maintain a close interest in the DBS’s performance and receive regular reports. I visited the DBS office in Liverpool earlier this month, and it was clear to me that the staff are professional, effective and passionate about their role in protecting the public. I saw an organisation with a culture of continuous learning and improvement that seeks to put its customers, and protecting the public, at the heart of everything it does.

On the barring side, the DBS makes complex, evidence-based decisions, weighing a person’s rehabilitation against the need to keep the public safe. More than 61,000 people are now prevented from working with children, vulnerable adults, or both.

Most people come into contact with the DBS when it issues disclosure certificates, which have been the subject of most of the discussion in the debate. Certificates can be applied for by people in a range of occupations, including teaching assistants, doctors, taxi drivers and social workers. Last year the DBS issued more than 4 million certificates, with nearly 95% provided within the eight-week timeline. It is important to focus on that.

The DBS asked customers how happy they were with the service, as we would expect of any arm’s length Government organisation. In the year to May 2016, 89% reported that they were satisfied with the service they had received. However, I am aware from the letters that I have had, and from today’s debate, that some people have experienced very long delays in receiving their enhanced disclosure checks. I do not underestimate for one minute the impact that that has on the lives of not only those individuals but the organisations affected, and I agree that it is totally unacceptable.

Although I recognise that disclosing criminal records information is complex and that checks must be thorough, I am clear that delays absolutely must be addressed. The DBS works with various partners, particularly the police forces that provide the data on which checks are based and assess what non-conviction information from their locally held information should be disclosed as part of the enhanced check. That may require the DBS to send search requests to more than one police force. The vast majority of checks should be completed within two to four weeks, and the DBS monitors performance closely, assisting any forces that are not meeting their targets.

It is important to make it clear that police disclosure units are fully funded by the DBS, so the issue is not about the general funding that police forces receive. Each year the DBS agrees budgets and expected numbers of disclosures with police forces and funds them. Where police forces run into difficulty, as the Met indisputably has, the DBS will provide extra resources.

[Helen Hayes]

The issue that has been raised by the PCS and others is that of annual funding settlements, which mean that there is a great deal of insecurity for staff working on DBS disclosures within police forces. Temporary contracts and insecurity are part of the problem. What is needed is a fully staffed, professional service with some continuity and longevity in the length of time people stay in their jobs.

[Sarah Newton]

I completely understand that if there is job insecurity, that makes it difficult to retain good-quality staff. I visited the Metropolitan police unit only a few weeks ago and witnessed the training process. The decision-making process is complex, and it takes time to train staff. Even when the DBS sits down with the Met or any other police force that is having difficulty and agrees extra funding, it takes at least six months to train someone so that they can carry out the checks.

The hon. Member for Dulwich and West Norwood is right that the PCS union has acknowledged that there has been a change of leadership at the Met. The Home Office has provided considerable support to help improve processes, and the DBS has funded more than 100 new staff, so there has been a huge amount of effort. The hon. Lady understands, as I do, that more of the staff have now been given full-time contracts. The DBS sits down with the police forces each year and agrees the contracts based on the anticipated number of checks. If the number of checks requested goes up, more staff have to be recruited. Sometimes it is efficient and right to have temporary staff; on other occasions we need more full-time staff. Such contractual decisions are made between the DBS and the police forces. I have also seen that no stone is left unturned. The Met has asked for support from other police forces that have a surplus of staff with the right expertise to help. So I can absolutely assure the hon. Lady that every effort has been made between the DBS and the police forces to get the necessary resources in.

Only two police forces are not meeting their timeliness performance targets: the Met and Surrey. In the case of Surrey, a relatively small number of people are affected and a recovery plan has been agreed with the DBS, which is going well. I can share that information and be certain about it because the DBS regularly publishes the data on its own website. That addresses one of the issues that the hon. Lady raised, about the transparency of data. Opposition Members have quoted extensively from performance data, so there is not an issue of transparency here. Those data are on local police force performance as well as the DBS’s own organisational performance, and the next data will be published later this month. I look at such data on a daily basis.

--- Later in debate ---

[Helen Hayes]

I am grateful to my hon. Friend the Member for Manchester, Withington (Jeff Smith), the hon. Member for Kingston and Surbiton (James Berry) and the shadow Minister, my hon. Friend the Member for West Ham (Lyn Brown), for their contributions to the debate. I am also grateful to the Minister for her response and for the interest she shows in the matter. She has clearly set out the steps she is taking to address the problem.

I should be grateful, however, if the Minister could follow up in writing on my questions. I do not consider that all of them were fully answered today. I was in particular a little disappointed that I did not hear much from the Minister in acknowledgement of the distressing cases I raised, and the serious impact of delays on my constituents and those of my hon. Friends. We brought up several specific examples of shocking hardship and distress as a consequence of delays in the service. The Minister set out some aspects of the service that are in development, and steps being taken to deal with the problems, but I do not feel that she properly addressed the seriousness of the consequences. I should be grateful for some further information in response to my questions.

My hon. Friends’ points about cuts in police resources were pertinent and well made. There is more work for the Minister to do to make certain that the police are being resourced on the necessary basis for them to undertake their important work. On the question of annual funding settlements from the DBS to the police, the context in which, as the Minister explained, it takes six months to train someone to do the job when they may have job security only for another six months, sounds like a false economy in the public sector. It also sounds like a context in which it is difficult to recruit and retain high-quality staff. I welcome assurances that the Minister is considering the issue, including how more staff can be put on a permanent, secure footing in their employment, and how the DBS and police can plan for the longer term.

The advice that the Minister gave about the helpline for employers, and steps that employers can take, puts too much emphasis on employers in the process. It is the Government’s role, through the DBS, to undertake the checks, and employers should not have to take steps to compensate for delays in a process that should work efficiently and effectively. Finally, the Minister did not address my point about the need for rapid escalation to a secure and committed timescale for individuals whose employment is at risk as a consequence of DBS delays.

[Sarah Newton]

I am sorry that I did not adequately communicate how seriously I take the impact on individuals. I thought I had. This is a further opportunity for me to underline the fact that the cases I heard about are clearly very distressing for the people concerned. However, I pointed out that individuals as well as employers can call the DBS, which will make every effort to deal with a case. If there is hardship, distress or concern, that service is available.

[Helen Hayes]

I am grateful to the Minister. As I pointed out, my office called the DBS on behalf of a constituent on several occasions. On at least three of those occasions assurances were made that the case would be escalated and dealt with, but that did not happen until the offer of employment had been withdrawn. Processes may be in place, but they do not always work—I assure the Minister of that. There is a need for a service standard in the DBS, guaranteeing that, if an offer of employment is contingent on receiving a DBS disclosure in a given time, the DBS will meet that requirement. We cannot continue with people’s employment being put at risk as a consequence of delays in the service.

I am grateful for the interest that the Minister has shown and the work she is doing on the matter, and I look forward to following up on it in future.

Question put and agreed to.

Resolved,

That this House has considered the performance of the Disclosure and Barring Service.