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Colossians 1:14  
#1 Posted : 30 January 2015 10:59:35(UTC)
Rank: Forum user
Colossians 1:14

Again.....I work for 2 employers that send engineers into tenanted houses for gas/electric servicing and refurbishment. Now I have known for a while that we do not require to 'blanket' CRB/DBS check our engineers. In fact we have no legal right too. What is annoying is that every major builder we work for still requires a DBS/CRB reference number for all our staff, this despite me sending an email from the DBS themselves stating it is illegal for us to do so! I have got round this by asking our men themselves to get a basic Disclosure Scotland certificate. What a waste of time and money! For reference the following text is from the DBS email; "Thank you for your enquiry. I can advise that there is no requirement, indeed no legal entitlement for an employer to ask an individual to undergo a Disclosure and Barring Service (DBS) check for entering a (any) private dwelling to provide maintenance and refurbishment services. The role of a Contractor, Maintenance or Refurbishment Operative is not listed or prescribed in legislation for an Enhanced or Standard level check."
Ian Bell  
#2 Posted : 30 January 2015 11:40:52(UTC)
Rank: Super forum user
Ian Bell

CRB checks are a political comfort blanket, so the government can be seen to have done something.
Colossians 1:14  
#3 Posted : 30 January 2015 11:57:39(UTC)
Rank: Forum user
Colossians 1:14

Ian Bell wrote:
CRB checks are a political comfort blanket, so the government can be seen to have done something.
It makes me laugh because the major building contractors have over the years gone from asking for CRB checks (viewing the certificate themselves) to now asking for DBS reference numbers only. What are they hoping to achieve? We could send any old made up number (I dont BTW, they get the DBS email response I have previously posted, which puts the cat amongst the pigeons) when asked. Contractors generally ask for CRB/DBS after the work has already started and what are they going to do with reference numbers anyway? My latest response to the DBS email is........well its part of the contract.....no DBS = breach of contract! It seems that clients are not worried about breach of the law!!!!! I am hoping that my email makes it to one client board meeting and DBS policies are changed, then the domino effect kicks in and the rest of the construction industry follows suit......like rigger boots!!!!!!!!!
walker  
#4 Posted : 30 January 2015 12:13:12(UTC)
Rank: Super forum user
walker

...........and CSCS cards
Flashman  
#5 Posted : 30 January 2015 12:19:52(UTC)
Rank: Forum user
Flashman

If it were the home of my aged mother or my daughters (and their children) homes, I for one would be a little happier if the people sent around to do work were vetted. I know it's not the be all and end all but it is better than nothing. If an individual were opposed to being checked then I would have a raised eyebrow. That is they way life is at the moment.
hilary  
#6 Posted : 30 January 2015 12:21:30(UTC)
Rank: Super forum user
hilary

I can see no reason for anyone who is not dealing with "vulnerable people" to have a CRB check. It is only as good as the day it was checked and if the person has been caught at some time. If they are a very good criminal then they will come back OK which is probably worse because it leads to a false sense of security. For employees such as medical staff, teachers, social group leaders (cubs, scouts, etc) dealing with vulnerable people in our society, then, yes, it's just a security measure for appointing people and then it makes sense. It's fallible like everything, but it's the best we can do at the current time.
Colossians 1:14  
#7 Posted : 30 January 2015 12:25:00(UTC)
Rank: Forum user
Colossians 1:14

Flashman wrote:
If it were the home of my aged mother or my daughters (and their children) homes, I for one would be a little happier if the people sent around to do work were vetted. I know it's not the be all and end all but it is better than nothing. If an individual were opposed to being checked then I would have a raised eyebrow. That is they way life is at the moment.
I would be opposed to being checked because its against the law to ask for DBS checks, Health and Safety itself dictates that working areas our engineers are in should be segregated from all non-working persons anyhow. That is my point really, they have a reference number, what are they going to do now?
Colossians 1:14  
#8 Posted : 30 January 2015 12:27:12(UTC)
Rank: Forum user
Colossians 1:14

hilary wrote:
I can see no reason for anyone who is not dealing with "vulnerable people" to have a CRB check. It is only as good as the day it was checked and if the person has been caught at some time. If they are a very good criminal then they will come back OK which is probably worse because it leads to a false sense of security. For employees such as medical staff, teachers, social group leaders (cubs, scouts, etc) dealing with vulnerable people in our society, then, yes, it's just a security measure for appointing people and then it makes sense. It's fallible like everything, but it's the best we can do at the current time.
Totally agree that there are some occupations where DBS is right and proper.....hence DBS related law.
Steve e ashton  
#9 Posted : 30 January 2015 12:29:28(UTC)
Rank: Super forum user
Steve e ashton

It has been suggested to me (and seems to be confirmed by my own reading of the PVG scheme rules) that Ian Huntley could now get a job at Soham School... The over-interpretation of the regs has become so rigid that the reason the regs were introduced has been 'lost in translation' at some stage. Clients operating multiple leisure facilities have been told that swimming pool attendants can be (must be) checked for PVG - but that dry side workers (and caretakers etc) are not covered by the regs and - effectively - can't be checked. Doesn't seem to make much sense or provide much of a 'comfort blanket' to me!
Colossians 1:14  
#10 Posted : 30 January 2015 12:29:40(UTC)
Rank: Forum user
Colossians 1:14

walker wrote:
...........and CSCS cards
Work how you like.......as long as you have a CSCS card!
Colossians 1:14  
#11 Posted : 30 January 2015 12:33:28(UTC)
Rank: Forum user
Colossians 1:14

steve e ashton wrote:
It has been suggested to me (and seems to be confirmed by my own reading of the PVG scheme rules) that Ian Huntley could now get a job at Soham School... The over-interpretation of the regs has become so rigid that the reason the regs were introduced has been 'lost in translation' at some stage. Clients operating multiple leisure facilities have been told that swimming pool attendants can be (must be) checked for PVG - but that dry side workers (and caretakers etc) are not covered by the regs and - effectively - can't be checked. Doesn't seem to make much sense or provide much of a 'comfort blanket' to me!
Its mad......the DBS (straight from the horses mouth) state in writing, that it is against the law for us to try and obtain checks......and clients take no notice of what they say in still insisting on checks! Its like not taking a blind bit of notice what the HSE state on anything health and safety related!
kevkel  
#12 Posted : 30 January 2015 12:37:08(UTC)
Rank: Super forum user
kevkel

Only asking for the DBS numbers! How do they know who they belong to, or if that person will be a friend, brother etc using anothers number. I for one think you are right to challenge this. I assume they believe that this is an appropriate safegaurd however it is not practical or appropriate in its approach. Kevin
Flashman  
#13 Posted : 30 January 2015 12:45:32(UTC)
Rank: Forum user
Flashman

I went for an interview this morning at a college not far from my home. The chances of me getting the job without me agreeing to this procedure were what? More to the point, and be honest, what is the better option here. Would you feel safer with someone helping with the kids that has been checked or someone that has declined as it is not law?
Colossians 1:14  
#14 Posted : 30 January 2015 12:49:34(UTC)
Rank: Forum user
Colossians 1:14

Flashman wrote:
I went for an interview this morning at a college not far from my home. The chances of me getting the job without me agreeing to this procedure were what? More to the point, and be honest, what is the better option here. Would you feel safer with someone helping with the kids that has been checked or someone that has declined as it is not law?
We wont be helping with any kids, if we were a school or nursery etc, we would be requiring DBS checks. Your job at college probably requires a DBS check
Flashman  
#15 Posted : 30 January 2015 13:11:25(UTC)
Rank: Forum user
Flashman

Thanks for that Colossians 1:14 I'll put my hand up here and say that this is not something I've thought about a lot and it is most interesting. There is much to be gained from this forum. I had assumed, incorrectly it seems, that these checks were meticulous and 'had' to be done. Cheers
wclark1238  
#16 Posted : 30 January 2015 15:08:53(UTC)
Rank: Forum user
wclark1238

Sounds like Colossians 1:14 has (at this point) more gumption than me. I went through this performance myself about 3 years ago. Our engineers work from time to time in places of education and a handful of contractors have insisted on CRB/DBS checks being carried out. I too took advice from the appropriate agency and had it confirmed that as an employer we had no legal right to ask our employees to submit to CRB checks (based on the nature of our work - we work on equipment in plant-rooms etc and do so on very short-term basis only, think minutes or hours rather than days or weeks). In the end I gave up as my bosses were not interested in/had no stomach for the fight (against illegal CRB/DBS checking). Now all of our engineers are checked via Disclosure Scotland once every 18-24 months. Happily non have been reluctant to cooperate with the process which, happily, is remarkably efficient. I wish you strength in your fight against those who unreasonably demand these checks. I hope that you win but I must remain sceptical.
Colossians 1:14  
#17 Posted : 30 January 2015 16:28:03(UTC)
Rank: Forum user
Colossians 1:14

wclark1238 wrote:
Sounds like Colossians 1:14 has (at this point) more gumption than me. I went through this performance myself about 3 years ago. Our engineers work from time to time in places of education and a handful of contractors have insisted on CRB/DBS checks being carried out. I too took advice from the appropriate agency and had it confirmed that as an employer we had no legal right to ask our employees to submit to CRB checks (based on the nature of our work - we work on equipment in plant-rooms etc and do so on very short-term basis only, think minutes or hours rather than days or weeks). In the end I gave up as my bosses were not interested in/had no stomach for the fight (against illegal CRB/DBS checking). Now all of our engineers are checked via Disclosure Scotland once every 18-24 months. Happily non have been reluctant to cooperate with the process which, happily, is remarkably efficient. I wish you strength in your fight against those who unreasonably demand these checks. I hope that you win but I must remain sceptical.
To be honest my M.D. doesn't want me to 'rock the boat' so to speak because he has had phone calls and emails (as I have) from contract managers basically telling me to just get the thing done. What I do is ask the lads themselves to get their own basic disclosures from disclosure Scotland, they send me the reference number off their certificate and I pass it on. Nobody sees the disclosure apart from the engineer himself......hence the complete waste of time and 25 quid. I also make sure that I am clear to our client that the basic disclosure is not a DBS check and I state on a company certificate that "I have adhered to and followed the DBS (Disclosure and Barring Service) code of practice, the Rehabilitation of Offenders Act 1974 and Police Act 1997 and find that the above named person should not be barred from working in occupied tenanted properties" One chink of light for me is that one of the major national construction firms now have my email at a very high level for discussion thanks to one of their Contract Managers kicking it up the chain!
stevedm  
#18 Posted : 02 February 2015 09:43:04(UTC)
Rank: Super forum user
stevedm

The only point I would make is...if (and it is a big if) your client knows more about how your staff have the potential to interact or have access to vulnerable people than the regulator who has commented on what you have said ....who would be right? My money is on the client.... The value of the check is a different question.
kevkel  
#19 Posted : 02 February 2015 10:26:06(UTC)
Rank: Super forum user
kevkel

I think the client is passing the book somewhat. If the workplace does not have vulnerable residents then there really cannot be a requirement however if there are vulnerable residents and the client is charged with their care or wellbeing then the statutory duty is on them to ensure that these vulnerable people are protected e.g. supervise engineers while on site. If this were a school the duty falls with the school to ensure the kids safety and protection and while those working directly with children (teachers, lunch staff, swim coach etc) should have police checks completed the once off engineer or any workers on a building project should not have contact with the kids unsupervised and therefore there should be no need. We have a stipulation in our contractors documentation that we may request for checks to be conducted where contractors may have interactions with Service Users. We have never implemented it yet for contractors as to do so would state that we cannot protect our service users. The exception to this is our cleaning and catering contractor who may have contact whilst fulfilling their duties but these are present wholetime similar to our own staff (who also must have checks completed).
stevedm  
#20 Posted : 02 February 2015 10:41:39(UTC)
Rank: Super forum user
stevedm

Agreeded...the point I am making is that you as a client have made that decision and have it in control...the information we have so far for this thread indicates (to me at least) that the information the client is aware of and the information given to the regulator to make a decision may be different... Than's all.. :)
toe  
#21 Posted : 04 February 2015 23:18:49(UTC)
Rank: Super forum user
toe

Most vulnerable people in society are normally, under the watchful eye of people who have been PVG (DBS) checked, for example, teachers, carers, nurses, police, etc... So as long as your engineers are supervised there would not normally be a need for these checks to be in place. However, you should consider the safety of your engineers, especially with people who present challenging behaviour if your engineers are making lots of noise or putting the service users outwith their daily routines. Its not the first time engineers have been injured in this way.
bob youel  
#22 Posted : 05 February 2015 09:04:18(UTC)
Rank: Super forum user
bob youel

i believe that it was intended to be a job creation and money making scheme and not much else Over the years I personally dealt with many 'special needs' and vulnerable people, especially females, in situations that were definitely sensitive and fell under the overall parameters of the CRB [DBS] however whilst electricians, gardeners, drivers etc. who had no real if any contact at all had to have such checks I was told by the local expert that I [who had long term personal and unsupervised/ unaccompanied contact in many many situations] did not have to have a check?! And 'why did I not need to have a check' I asked this so called expert [an expert who advised councils etc.]; and the answer was [wait for it - wait for it ] 'because U are H&Safety'! - additionally this expert did not know about the requirements to undertake a risk assessment This area is like most others e.g. it is more about making £ than it is about ensuring the safety of others
toe  
#23 Posted : 05 February 2015 22:13:45(UTC)
Rank: Super forum user
toe

Sorry Bob, but I have to disagree with your viewpoint. Not commenting on the DBS scheme as I do not know much about it. But the PVG scheme is a must and is there to protect people who do not have the capacity to protect themselves, it is not a money making scheme. I am of the opinion that there are certian criminals who will always re-offend, so checks have to be in place to ensure that people with serious convictions do not work with vulnerable people and children.
bob youel  
#24 Posted : 06 February 2015 10:13:59(UTC)
Rank: Super forum user
bob youel

Toe I agree that such schemes are founded on very good principals & if managed properly and consistent standards are present they go a very long way to helping and protecting vulnerable people. However its the 'managing properly with ever-present consistent standards' that is the problem in my personal opinion - NB: I do not know the details of the PVG scheme so cannot comment directly E.G. Volunteers: Unpaid personal volunteers are wanted in all areas of society especially schools and similar and in the initial days where I was involved in many such situations [many many thousands of volunteers] the volunteers were told that CRB [DBS] checks were required and most volunteers went along with it and paying for such checks out of their own pockets However eventually there was a big backlash and many volunteers stopped giving their services so guess what happened; the need for mandatory DBS checks were dropped and talking to numbers of directors, managers etc. it was voiced that unpaid volunteers saved the various organisations lots and lots of money so it was best keeping unpaid volunteers - I am not saying that this happens in all areas all of the time, i am just giving an example NB: Unpaid personal volunteers are not covered via the HSE as I have proven time and again Best wishes
toe  
#25 Posted : 06 February 2015 21:34:06(UTC)
Rank: Super forum user
toe

Hi Bob - I guess what I'm hearing is its not the scheme that is the issue you have but it is how it's applied, and I guess that is with all such schemes or requirements. In my line of work there is a legal requirement for our staff to be PVG checked, we simply cannot take the risk of employing a person with such convictions, that the press would have a field day if they found out. We apply the PVG as it is designed (including voluntary workers and sometimes contractor is some circumstances) and it works as it is supposed to. Note: the PVG is the Scottish equivalent of CRB [DBS].
bob youel  
#26 Posted : 07 February 2015 09:48:34(UTC)
Rank: Super forum user
bob youel

Toe we are on the same wave length and U are right, but until the systems are made to work as they were intended people, in my view, will have little real faith In your area do H&S people have to have such checks where they are in certain situations with vulnerable people noting the comments that were made to me?
toe  
#27 Posted : 07 February 2015 16:51:03(UTC)
Rank: Super forum user
toe

All people that are involved* with vulnerable people have to be PVG checked there are no exceptions, and is a legal requirement. These requirements have been increasingly stringent in light of recent media involving famous people, as you can imagine. I think that the systems are certainly working a lot better than ever before, and hence (I think) the reason for the original post. * involved includes anyone that could be left alone with a vulnerable person at any time.
johnmurray  
#28 Posted : 07 February 2015 16:56:20(UTC)
Rank: Super forum user
johnmurray

I wonder why people go to dbs scotland for the check....even if from the UK? Unpaid volunteers get the check for free by the way....as long as they're not relatives...
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