New statutory guidance on disqualifications in schools recognises role of the Rehabilitation of Offenders Act

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Yesterday, the Department for Education published statutory guidance on disqualification under the Childcare Act 2006. Most notably in their guidance is the clarity that we have been pushing for, which is the the Rehabilitation of Offenders Act applies to the ‘disqualification by association’ element. This means that if you’re working in a role in a […]

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‘Enforced subject access’ will become a criminal offence on 10th March 2015

k

We’ve learnt from the Information Commissioners Office that section 56 of the Data Protection Act 1998 will be brought into force on the 10th March 2015. This means that “enforced subject access” will finally become a criminal offence. As we explained back in June 2014 when this was first announced, this is an important development […]

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Challenging ineligible standard and enhanced checks

dbsform

We continue to receive many enquiries from clients being asked to do standard or enhanced Disclosure and Barring Service (DBS) checks for jobs which they don’t think are eligible for one. We are often asked for a ‘list of job titles’ which are eligible – no such list exists. What makes a role eligible depends […]

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Employers’ access to ‘subject access’ records will become a criminal offence

sar

We’ve learnt today that the Ministry of Justice are planning to bring section 56 of the Data Protection Act (DPA) 1998 into force on the 1st December 2014. Section 56 prevents employers from requiring people to use their subject access rights under the DPA to provide certain records, such as police records, as a condition […]

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An update on the Rehabilitation of Offenders Act 1974

roa

It’s been just over 3 months since the changes to the Rehabilitation of Offenders Act 1974 came into force in England & Wales. At that time, we published an update which featured new materials that we’d produced, as well as our updated detailed guidance. Since that point, we’ve learnt quite a bit about how these […]

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Google’s ‘right to be forgotten’ – but does it help people with convictions?

google

We’ve published a new section of information looking the recent ‘right to be forgotten’ issue which relates to Google’s search results. We’ve copied this section below, and the specific section will be regularly updated as we learn more about how it works in practice. Summary You might have seen in the news recently that Google […]

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The Disclosure & Barring Service update the question they ask about convictions

dbsfiltering

Following our complaint to the Information Commissioners Office which recently led to the Disclosure & Barring Service signing an undertaking to update their application form, we have now had it confirmed by the DBS that their application form has now been updated. A copy of this is below. As you can see from the above image, the […]

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Sexual offences and the changes to the ROA

soa2003

Since we got the news about the changes to the ROA coming in on the 10th March 2014, our helpline has had lots of people contacting us wanting to be sure about how it effects them. One of the common mistakes we’re seeing is that people with convictions for sexual offences think that this alters […]

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What types of offences are eligible for filtering?

dbsform

Since the introduction of filtering in mid-2013, our helpline has been constantly asked “is my conviction or caution eligible for filtering?” In some ways, this has been an easy to identify. When was it? Is it your only conviction? How old were you at the time? However, where things have been tricky is when it […]

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