Disclosure and Barring Service

Sarah Newton Excerpts

Wednesday 26th October 2016 Westminster Hall

[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.

[Lyn Brown]

I am struggling with what the Minister is telling us. First, we know there has been a problem in the Met since 2008, which is a long time. We know that the delays in the Met are massive. If the DBS has been placing money in the Metropolitan Police Service so that it can get the checks done, then it must have been significantly underpaying the Met for several years in order for us to have got to the current situation. I am afraid I cannot accept what the Minister is saying about that.

The Minister also tells us that only two police forces are not meeting the timescales, but in the Government’s own assessment, on the red, amber and green scale, 17 of the 50 forces were judged to be providing a second-rate service or worse. It is not only two police forces; by the Government’s own admission, it is more.

[Sarah Newton]

The hon. Lady raises a couple of points. The data I am referring to are the most recent. We will get another tranche of data this month, so she will be able to see for herself what the information is.

On how the Metropolitan police or any other police force is funded, the fact is that the DBS funds police units to do police checks. Whether they have received adequate funding over a certain period of time is a fair question. I have been to Liverpool and had conversations with the DBS, and I am monitoring the situation on a weekly basis. I will go back to the DBS to make sure that all the recovery plans we have discussed are implemented. I can say no more to reassure the hon. Lady about how seriously I take this issue. I and my officials are focused on it, and I am regularly involved with the DBS to make sure we tackle it.

As I have said, I visited the Metropolitan police unit recently. The hon. Lady has acknowledged that significant extra resources and changes in leadership have been put in place, and the unit is processing 20% more applications than it receives. That gives me some confidence that it will reduce the backlog over time. If the unit was processing only the number of applications that it was receiving, we would not have any confidence that it was dealing with the backlog, but it is, and 20% is significant. I am therefore confident that it will make significant progress.

It is important that the DBS continues to work closely with the Metropolitan police and any other police forces that are having difficulties to make sure that they are given the necessary resources to do the job. I know that the Metropolitan police take the matter seriously. I have been to Sidcup and spent time with the team there, and they talked me through what they were doing about it. They know full well that I will be back again to personally check up on their progress.

I will go through the range of other questions that hon. Members asked me on issues from portability to escalation and redress.

[James Berry]

Although DBS checks are clearly a weak spot for the Metropolitan police, I am pleased to hear what my hon. Friend the Minister is doing personally to ensure improvements. It is important not to lose sight of the fact that, over the past six years, we have seen a sustained fall in crime in this country, largely due to the fantastic work of our police forces, particularly here in our capital, including in Kingston, which is now the safest borough in London.

[Sarah Newton]

I thank my hon. Friend for making that point. Getting the checks right is an incredibly important crime prevention measure. The top priority is to deal with the possibility of people doing harm to vulnerable children and young people. Frustrating as delays can be, the safety of individual people must be uppermost, and it must have played its part in those cheering results showing a drop in crime.

To return to the questions that were put to me, employers and individuals are encouraged to use the update service. An online subscription service allows individuals to demonstrate that their DBS certificate is up to date. That would prevent their having to make multiple re-applications. With the applicant’s permission, organisations can check a certificate online, free of charge, which allows them to see whether any relevant information has been identified since the individual’s certificate was last issued. There are more than 800,000 subscribers to that service. I encourage the hon. Lady to ask constituents to register for the online service at the same time as they apply for DBS checks. If they move jobs, they will not have to go through repeated checks, because once they sign up for the service the employer, charity or wherever they were working could freely go online to see whether any information needed updating.

I may have got the wrong impression, but the hon. Member for West Ham (Lyn Brown) seemed to be telling me that the certificate of one of her constituents had expired. It is simply not possible for certificates to expire because they do not have a set period of validity. If that constituent were signed up to the updating service they really would not be affected. It is important to set the record straight.

When there are delays, employers can, during the wait for DBS check results, consider whether it would be appropriate for an individual to begin work, with appropriate safeguards, depending on the nature of the role and the assessment of potential risk. For example, DBS Adult First can be used in cases where, exceptionally, and in accordance with the Department of Health terms, a person can be permitted to start work with adults before the certificate is obtained. There are appropriate ways of safeguarding while people are waiting so that they can avoid the dreadful situations that have been described today, where they cannot take up jobs, and where they incur financial hardship, and where organisations miss out on good employees.

Customers can track their application online and call the DBS helpline for support. There were questions about how the DBS prioritises applications. It does so in date order, but if an applicant can make the case that there will be undue hardship and they will suffer in some way, the DBS will do everything it can to expedite an application. It will contact a police force and do all it can to reduce the time.

I want to clarify the point about redress, which was mentioned. The DBS will consider cases. If there has been hardship and the DBS can be proved not to have acted appropriately, there is a system of redress. There is not a nationwide system for the police, but individual police forces can be held accountable. If they have not acted in a timely and appropriate way, redress can be considered.

I hope I have covered all the questions. I am not at all complacent. Getting the service right is central to protecting the most vulnerable people in society, and I am determined to do that. I understand that we need an efficient process to enable people to take up the sorts of jobs we need them to do. I shall continue to monitor what happens on a regular basis. As I have said, if any colleague wants to come into the Department and go through the matter with me in more detail, they are welcome to do so.

[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.