The impact of current DBS procedures on those working in education

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Motion #10
  • Executive Committee

THAT Conference is concerned at the way the current DBS system has the power to affect members negatively. Indeed, in January 2016 the High Court declared the Government’s criminal records disclosure scheme incompatible with Article 8 of the Human Rights Act.

The filtering system introduced in 2013 is not fit for purpose and on an enhanced DBS, information can be disclosed by police even when an individual has not been charged with, or found guilty of, any offence.

The ATL section Defence Committee has seen instances of members being arrested, released without charge and yet being put in a position where their careers are at risk owing to unfair and or inappropriate information disclosed on their DBS.

Conference therefore instructs the Executive Committee to put forward to the Joint Executive Council that the Joint Executive Council:

(i) lobby Government to ensure that the system is overhauled to become compatible with Article 8 of the Human Rights Act

(ii) lobby Government to ensure that information about arrests leading to no further action being taken is not eligible information on a DBS

(iii) work with other interested parties in calls to ensure, while helping to protect the young and vulnerable in our society, that DBS does not unfairly discriminate against individuals who have never been convicted of a criminal offence or who were convicted when aged under 18.