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PostPosted: Thu May 30, 2013 7:10 pm 
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It appears that after the 17th June 2013 there will be no more of the CRB checks that we have become used to, instead we will be getting DBS's. :-?

https://www.gov.uk/government/organisat ... ng-service

Many councils will insist on you registering on-line (£13 a year), and then them being able to get a status check on your file. They wont be able to see the details, but will be able to see if you have any new convictions/cautions.

If you haven't then you will never need produce anything to the council or fill in any-more CRB type checks.

It will be interesting to see what councils do, and also see how many councils haven't a clue that everything changes in three weeks time. :shock:

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PostPosted: Thu Jun 06, 2013 6:19 pm 
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Transport for London (Taxi and Private Hire)

Notice 18/13

Important Changes to the Disclosure and Barring Service (Formally CRB process)

This notice sets out important information that is relevant to all existing and new drivers and operators.

Transport for London (TfL) has been informed that with effect from 17 June 2013 the Disclosure and Barring Service (formed by the merger of the Criminal Records Bureau and Independent Safeguarding Authority) is introducing some important changes to the service it provides. These changes will have a significant impact on all new and renewal applicants for taxi and private hire driver’s licences.

Applicant-only certificates

We have been advised that with effect from 17 June 2013 the DBS will only issue disclosure certificates to applicants and will no longer send a copy of this certificate to TfL. This differs from the current system where both the applicant and TfL receive a copy of the disclosure around the same time.

The only information that will be provided to TfL directly will be to advise whether or not the disclosure sent to the applicant contained any information or was clear. In the event that we are advised that the disclosure contained information, we will not be provided with details of what this information is.

Therefore, if information has been disclosed to the applicant, we will not be able to make a licensing decision on a new or renewal application until such time as the disclosure has been provided to TfL directly by the applicant. If we are advised that information has been disclosed to the applicant we will write to them directly and ask him or her to send us their original certificate. We will take a copy of this certificate and return it to the driver. As is usual practice and in accordance with DBS requirements, we will destroy our copy once a licensing decision has been made.

As we will not be able to make a licensing decision until we have received the certificate and been able to consider the information disclosed, drivers must respond to our request as a matter of urgency.

If no information is disclosed on the certificate, drivers will not have to take any further action

Update Service

The applicant-only certificate system will be launched at the same time as the new DBS Update Service. From 17 June 2013, anyone who applies for their next criminal record check can choose to subscribe to the new Update Service.

This will cost £13 per year in addition to the original disclosure application fee.

The Update Service will allow them to keep their criminal record certificate upto-date so that they can take it with them from role to role, within the same workforce.

The Update Service will allow us to carry out free, instant online checks of an individual’s certificate, to check that it is up-to-date. When someone is subscribing to this service, we will only have to seek a new criminal record check if the DBS tells us something has changed.

Any driver who subscribes to the Update Service will need to provide us with details on their licence application form and confirm that they consent to us carrying out the online check.

We are in the process of developing a system to accommodate drivers who choose to use the Update Service and we will announce further details in due course.

Please note these changes are being made by the DBS and not by TfL. It is one of the government’s priorities to overhaul the criminal records regime to give individuals greater control of their own information, allow DBS Certificates to be reused when applying for similar jobs and reduce the burden of red tape on employers. Please see April’s edition of DBS news for further information or contact the DBS at customerservices@dbs.gsi.gov.uk, 0870 9090811.

Helen Chapman
Interim General Manager, Taxi and Private Hire
6 June 2013
For previous TPH Notices visit tfl.gov.uk/tph

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PostPosted: Thu Jun 06, 2013 6:23 pm 
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TfL have given a very good breakdown of the situation that will be with us in a week or so's time.

I wonder how many councils haven't quite worked out that within a week or two they will not be getting copies of our checks? :-k

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PostPosted: Thu Jun 06, 2013 6:51 pm 
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This issue was raised a few weeks ago at a meeting with our council. They didn't know what we were talking about. :roll:

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PostPosted: Thu Jun 06, 2013 10:24 pm 
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grandad wrote:
This issue was raised a few weeks ago at a meeting with our council. They didn't know what we were talking about. :roll:

I suspect your council are not alone in knowing nothing about these changes.

There will be trouble ahead.............................

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PostPosted: Fri Jun 07, 2013 9:46 am 
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I predict that this issue will be a nationwide farce within licensing departments.

And I further predict that this 'Sticky' topic will be one of the most posted on of all 'Sticky' topics on TDO.

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PostPosted: Fri Jun 07, 2013 11:14 am 
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I think that the rules as amended will be understood fairly quickly but, you are right, could be some real short term problems.

If the LA "refuse" because they have set in stone the old style "CRB" requirements, they could have some compensation to find.

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PostPosted: Fri Jun 07, 2013 7:11 pm 
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I think there is an onus on all councils adopting similar practices and fully informing the trade of any new procedures early on.

Equally there is an onus on drivers to be a lot more on the ball and get stuff in as soon as they get it.

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PostPosted: Fri Jun 07, 2013 7:27 pm 
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You are absolutely right on both points Sussex.

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PostPosted: Fri Jun 07, 2013 10:29 pm 
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One interesting question that will have to be addressed sometime in the future, possibly via the folks with white wigs.

Is if the DBS comes back ok i.e. the individual is clear to work with children and vulnerable adults, but the council don't license for whatever reason, who is right? :-k

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PostPosted: Fri Jun 07, 2013 11:02 pm 
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Those that can afford to will appeal at Magistrates Court as you well know Sussex.

But this will mean that no precedent is set.

I can't envisage that anyone will appeal a "no" from Magistrates to a high enough level to set a precedent. If you have enough money to do that, you are not going to be a Taxi or PH driver anyway. It would possibly be diverted by the Courts to Judicial Review anyway and if the Plaintiff did win the review it could still be "Each on it's own merit".

So it will be each case on it's own merit because Legal Aid will not foot the bill.

:sad: :sad: :sad:

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PostPosted: Thu Jul 04, 2013 11:09 am 
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This the bit I cant grasp

Quote:
Many councils will insist on you registering on-line (£13 a year), and then them being able to get a status check on your file. They wont be able to see the details, but will be able to see if you have any new convictions/cautions.


So a new body/authority requesting a DBS cant see your details, just new offences since the inception of your DBS

so whats the point? if ive killed someone since the check ill be banged up anyway

at least under the old system a body could see the applicants whole history, not just "since then"

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PostPosted: Thu Jul 04, 2013 12:47 pm 
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I have been emailing our council this morning. They say that they will still need to physically see your disclosure certificate every 3 years.

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PostPosted: Thu Jul 04, 2013 12:52 pm 
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grandad wrote:
I have been emailing our council this morning. They say that they will still need to physically see your disclosure certificate every 3 years.


thats the LA, I bet the CC will also want to see it

Basically the left hand doesnt know what the right hand is doing plus too many are paid good money to sit in offices and make up jobs to justify their own

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PostPosted: Thu Jul 04, 2013 7:01 pm 
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wannabeeahack wrote:
So a new body/authority requesting a DBS cant see your details, just new offences since the inception of your DBS

No.

The new body/authority will be able to what you show them, and that will include old offences, but not necessarily all old offences.

Just ones that are relevant in the view of the new DBS folks.

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