Legislation is changing later this year meaning the way Disclosure Services processes Basic Criminal Record Checks needs to change. This article gives you a high level overview of what’s happening, along with what it will mean to you and your candidates. We’re sending this now so you can start to understand what’s ahead, but we’re not asking you to take any action at the moment.
What is changing and why?
From 1st January 2018 Disclosure Scotland will no longer be able to process Basic Disclosure Applications in accordance with the England and Wales Rehabilitation of Offenders Act 1974. This means that from 1st October, anyone looking to recruit an individual for a position in England or Wales must submit an application for a Basic check to the Disclosure and Barring Service (DBS), in England.
In addition, from 1st January 2018 the DBS will deem the detail contained within the Basic Criminal Record certificate that they provide as being the property of the candidate. As a result, we as an umbrella body will only be provided a flag with a ‘Yes’ or ‘No’ as guidance for unspent convictions. We will have to ask the candidate if they want you (the employer) to see the details on the certificate. They can choose if they want a copy of the certificate to be obtained and whom they share it with.
What are we planning to do?
We have been working closely alongside the DBS over the past nine months to make sure we interpret correctly the guidelines set out before us. To fit with what’s going to be required, we’ll need to make some changes to our systems and we have a plan in place to do this.
What will it mean for you?
All Basic criminal record checks will need the correct legislation applied. There are two versions of the Act, one that applies to positions in Scotland and one that applies to positions in England and Wales. To help with this, there will be changes to the case create screens, so operators can see functional changes guiding them through the choices they need to make to gain a check. (We’ll explain this in more detail for you in a future communication.)
For Basic Criminal Record Checks processed via DBS (English and Welsh legislation), there will be changes to your candidate’s journey and to how you will obtain the certificate and data associated with the request.
We recognise this is a change in the current culture of processing data associated with criminal record checks, and there could be instances where the on-boarding process within an organisation could be delayed. With this in mind, the changes we make to our solution will look to minimise the impact of this through clear communication to the operator and candidate.
All Basic Criminal Record Checks processed via the Scottish rehabilitation laws will remain with Disclosure Scotland. There will be no changes in the way you receive this data.
What are we asking you to do?
Nothing just yet but we wanted to make you aware that these changes are ahead and will need to be in place later this summer. In early summer, we’ll provide you with more information on the key changes, what these will mean for operators using the system and when they will need to happen. Please be reassured that we’re working hard to make these changes as smooth as possible for our clients and their candidates.