Sussex wrote:
Quote:
I thought that all convictions from whenever they were had to be disclosed when applying for a taxi badge or renewing one, so has that changed? Because this is supposed to be a short term problem I would have hoped that a Council would have taken a pragmatic approach to the specific issue regarding 6 monthly checks and given affected drivers some leeway.
DBS Check Legislation: Recent Changes
In recent years, one of the biggest changes to DBS check legislation, aside from updates to eligibility, is the introduction of the filtering process.
This process was introduced in 2013 as an amendment to the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.
This amendment was introduced in response to a high court case which challenged the right to disclose spent convictions on a DBS certificate even if a significant amount of time had elapsed, and the individual had not re-offended.
As a result, some spent cautions/convictions may be filtered automatically from even the highest level of DBS check as long as they meet the filtering criteria.
The criteria include that they cannot have more than one caution/conviction on record, it cannot have resulted in a custodial sentence, and a significant period of time has to have elapsed before it is filtered. Has the enhanced DBS form been changed to reflect this?
Should an applicant to be a taxi driver still include ALL convictions and cautions that they have received since the age of 10? How would an applicant know if some cautions or criminal convictions have been removed? What if an applicant thinks a caution or conviction has been removed but subsequently finds out that they haven't been removed and they don't get their license due to non disclosure?