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Feminism: Sex and gender discussions

Does theDBS Sensitve Application Route for trans applicants undermines the value of a DBS check and pose a safeguarding issue

166 replies

IwantToRetire · 08/11/2024 21:23

From a recent NHS job advert:

The Disclosure and Barring Service (DBS) offers a confidential checking service for transgender applicants in accordance with the Gender Recognition Act 2004. This is known as the sensitive applications route, and is available for all levels of DBS check - basic, standard and enhanced.

The sensitive applications route gives transgender applicants the choice not to have any gender or name information disclosed on their DBS certificate that could reveal their previous identity. To contact the sensitive applications team, please telephone

https://www.nhsjobs.com/job/UK/North_Yorkshire/Scarborough/York_Scarborough_Teaching_Hospitals_NHS_Foundation_Trust/Physiotherapist/Physiotherapist-v6767892

Government Guidance
https://www.gov.uk/guidance/transgender-applications

KPSS wrote about this being a safeguarding issue 2 years ago
https://kpssinfo.org/dbs-checks-and-identity-verification-pdf/

DBS Checks and Identity Verification PDF - Keep Prisons Single Sex

https://kpssinfo.org/dbs-checks-and-identity-verification-pdf

OP posts:
OvaHere · 28/11/2024 19:14

We quickly become adept at identifying and avoiding threats - any stealth trans woman who spots a vibe check failure will reflexively give that person a very wide berth. We get it beaten into us early on and it stays with us for life - it's just part of our everyday existence and is added to all the other threat management considerations that in an ideal world nobody would have to worry about.

Yeah because women never go through life risk assessing threats to us do we? (whose lived experience you've clearly cribbed this from)

ButterflyHatched · 28/11/2024 18:59

MrsOvertonsWindow · 28/11/2024 18:54

I'm certain that women's history of discrimination in the workplace, sexism, pregnancy discrimination etc, means that most women understand how discrimination works. But no matter how sad the stories, safeguarding children takes precedence over individual demands for special rules just for them.

No exceptions, no loopholes. The same safeguarding standards must apply to all adults.

Edited

Trans people fill out the same forms.

They actually have to give more information in order to raise a sensitive case file.

The process is simply adjusted so it won't automatically out every one of the thousands of trans people who need to have DBS checks for work by default.

MrsOvertonsWindow · 28/11/2024 18:54

I'm certain that women's history of discrimination in the workplace, sexism, pregnancy discrimination etc, means that most women understand how discrimination works. But no matter how sad the stories, safeguarding children takes precedence over individual demands for special rules just for them.

No exceptions, no loopholes. The same safeguarding standards must apply to all adults.

ButterflyHatched · 28/11/2024 18:47

ResisterOfTwaddleRex · 28/11/2024 17:59

"automatic harm"

That's a new one

Do you understand the significance of being outed in a transphobic workplace?

Employers feeling any kind of obligation to treat trans people fairly is still only a comparatively recent phenomenon. Prior to the introduction of legal protections, it was pretty much open season on us if we were discovered, and the media periodically featured chilling stories of trans people being outed, harassed and driven from public life.

It was bad enough just hearing how non-trans people speak idly when they think nobody is listening; it was outright hellish to be Known To Be Trans.

The GRA2004 and EA2010 were part of an active, hard-fought process of making life a little safer and less miserable.

So yes, automatic harm.

ResisterOfTwaddleRex · 28/11/2024 17:59

"automatic harm"

That's a new one

illinivich · 28/11/2024 17:25

ButterflyHatched · 28/11/2024 17:04

The GRA is, among other things, designed to protect members of a vulnerable minority from automatic harm when they engage in good faith with an important and necessary safeguarding process that serves to protect children and vulnerable adults.

I dont know why you decided to comment on the purpose of a GRA?

Any man who claims to be a woman can use the sensitive route, regardless of GRC status.

ButterflyHatched · 28/11/2024 17:04

illinivich · 28/11/2024 16:53

It's a compassionate safeguarding measure that exists to enhance an existing safeguarding process in order for it to not automatically harm every trans person who uses it.

The DBS is designed to safeguard children and vulnerable adults, not men who want to hide their sex and previous names from employees.

The GRA is, among other things, designed to protect members of a vulnerable minority from automatic harm when they engage in good faith with an important and necessary safeguarding process that serves to protect children and vulnerable adults.

illinivich · 28/11/2024 16:53

It's a compassionate safeguarding measure that exists to enhance an existing safeguarding process in order for it to not automatically harm every trans person who uses it.

The DBS is designed to safeguard children and vulnerable adults, not men who want to hide their sex and previous names from employees.

MrsOvertonsWindow · 28/11/2024 16:50

No exceptions. Organisations demanding exemptions to standard safeguarding guidelines raise too many red flags. Long overdue that society starts saying NO to those demanding to be exceptions from the social contract, the law and guidance - especially in relation to children.

As Mumsnetters understand - NO is a complete sentence.

ButterflyHatched · 28/11/2024 16:42

TWETMIRF · 28/11/2024 16:38

Criminals are well known for being trustworthy, I am sure nobody has changed name and not informed authorities. DBS needs to make NI number a mandatory field and the government needs to make it not possible for someone to change it. That way it doesn't matter if someone changes their name, their real identity will be found.

You are required to provide previous names to the DBS sensitive applications team to set up a case file.

TWETMIRF · 28/11/2024 16:38

Criminals are well known for being trustworthy, I am sure nobody has changed name and not informed authorities. DBS needs to make NI number a mandatory field and the government needs to make it not possible for someone to change it. That way it doesn't matter if someone changes their name, their real identity will be found.

ButterflyHatched · 28/11/2024 16:34

Sentencing for relevant crimes already covers informing the authorities in the event of a name change.

TWETMIRF · 28/11/2024 16:32

Hiding information about yourself is a safeguarding issue. Transwomen commit sex offences at least as frequently as other men, probably more so how can hiding the fact that you're male NOT avoid safeguarding? Women very rarely commit sex offences which is why transwoman cannot be risk assessed the same as women, they have to be risk assessed like their fellow men. Anyone who gives a shit about safeguarding would understand and accept that, the ones that fight against it are precisely the ones that need to be considered unsuitable for the job.

MrsOvertonsWindow · 28/11/2024 15:46

ButterflyHatched · 28/11/2024 15:40

It doesn't allow adults to avoid fundamental safeguarding procedures - that's precisely why it exists.

Wrong.
Have a read of this. Change of identity creates a loophole.
No exceptions to safeguarding. Children & the vulnerable matter much more than the personal demands of any group or individual.

kpssinfo.org/wp-content/uploads/2022/09/DBS-Checks-and-Identity-Verification.pdf

ButterflyHatched · 28/11/2024 15:40

MrsOvertonsWindow · 28/11/2024 15:09

No sacred castes. No exceptions allowing adults to avoid fundamental safeguarding procedures. If you want to work with children / vulnerable people and need a DBS, then openness and transparency are critical.

The safety of the vulnerable always takes priority over the personal wishes / feelings of adults. Safeguarding 101.

It doesn't allow adults to avoid fundamental safeguarding procedures - that's precisely why it exists.

MrsOvertonsWindow · 28/11/2024 15:09

ButterflyHatched · 28/11/2024 13:58

We quickly become adept at identifying and avoiding threats - any stealth trans woman who spots a vibe check failure will reflexively give that person a very wide berth. We get it beaten into us early on and it stays with us for life - it's just part of our everyday existence and is added to all the other threat management considerations that in an ideal world nobody would have to worry about.

The DBS sensitive route exists so that trans people do not have to disclose previous names and identities to an employer. It's a compassionate safeguarding measure that exists to enhance an existing safeguarding process in order for it to not automatically harm every trans person who uses it.

You never know if you can trust your HR department - again, all it takes is one person with a hostile ideology and a need to see you suffer to make your life a misery. The DBS sensitive check process removes the risk of this happening.

No sacred castes. No exceptions allowing adults to avoid fundamental safeguarding procedures. If you want to work with children / vulnerable people and need a DBS, then openness and transparency are critical.

The safety of the vulnerable always takes priority over the personal wishes / feelings of adults. Safeguarding 101.

TWETMIRF · 28/11/2024 14:50

"You never know if you can trust your HR department - again, all it takes is one person with a hostile ideology and a need to see you suffer to make your life a misery"

Yes, gender ideology is hostile to women and many of us have been harmed by it. Making women change in front of men is abusive and HR are cheering it on.

ButterflyHatched · 28/11/2024 13:58

Kendodd · 12/11/2024 11:41

But their previous name will be uncovered in the check surely ? I had a DBS and didn't include my middle name, I hadn't used it for 20 years and it wasn't on my passport or anything. They still found it and contacted me about it.

As a side point, I think a transwoman not wanting the previous male name revealed incase it 'outs' her is living in a dream. I've never met a transwoman that passed irl, and I've met a lot of transwomen. It's usually blindingly obvious.

We quickly become adept at identifying and avoiding threats - any stealth trans woman who spots a vibe check failure will reflexively give that person a very wide berth. We get it beaten into us early on and it stays with us for life - it's just part of our everyday existence and is added to all the other threat management considerations that in an ideal world nobody would have to worry about.

The DBS sensitive route exists so that trans people do not have to disclose previous names and identities to an employer. It's a compassionate safeguarding measure that exists to enhance an existing safeguarding process in order for it to not automatically harm every trans person who uses it.

You never know if you can trust your HR department - again, all it takes is one person with a hostile ideology and a need to see you suffer to make your life a misery. The DBS sensitive check process removes the risk of this happening.

IwantToRetire · 13/11/2024 02:38

Basic DBS check

A Basic DBS check is for any purpose, including employment. The certificate will contain details of convictions and conditional cautions that are considered to be unspent under the terms of the Rehabilitation of Offenders Act (ROA) 1974.

An individual can apply for a Basic check directly to DBS through our online application route, or an employer can apply for a basic check on an individual’s behalf, through a Responsible Organisation, if they have consent.

Standard DBS check

A Standard DBS check is suitable for certain roles, such as a security guard. The certificate will contain details of both spent and unspent convictions, cautions, reprimands and warnings that are held on the Police National Computer, which are not subject to filtering.

An individual cannot apply for a standard check by themselves. There must be a recruiting organisation who needs the applicant to get the check. This is then sent to DBS through a Registered Body.

The service is free for volunteers.

Enhanced DBS check

An Enhanced DBS check is suitable for people working with children or adults in certain circumstances such as those in receipt of healthcare or personal care. An Enhanced DBS check is also suitable for a small number of other roles such as taxi licence applications or people working in the Gambling Commission.

The certificate will contain the same details as a standard certificate and, if the role is eligible, an employer can request that one or both of the DBS Barred Lists are checked.

The certificate may also contain non-conviction information supplied by relevant police forces, if it is deemed relevant and ought to be contained in the certificate.

An individual cannot apply for an Enhanced DBS check by themselves. There must be a recruiting organisation who needs the applicant to get the check. This is then sent to DBS through a Registered Body.

The service is free for volunteers.

Enhanced with Barred Lists DBS check

An Enhanced with Barred Lists DBS check is also suitable for people working with children or adults in certain circumstances such as those in receipt of healthcare or personal care.

An Enhanced with Barred Lists certificate will contain the same information as an Enhanced DBS certificate, but will also include a check of one or both Barred Lists.

Eligibility

Eligibility for Standard, Enhanced, and Enhanced with Barred Lists DBS checks is prescribed in legislation. Recruiters should only request a DBS check on an individual when they are legally allowed to do so – they must be entitled by law to ask an individual to reveal their full criminal history. This is known as asking ‘an exempted question.’

An exempted question applies when the individual will be working in specific occupations, for certain licences and specified positions. These are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

The minimum age at which someone can be asked to apply for a criminal record check is 16 years old.

The DBS eligibility tool can be used to determine what type of check a role could be eligible for, as can our eligibility guidance.

Barring

An Enhanced with Barred Lists DBS check will include a check of one or both of the Barred Lists that DBS manages and maintains. If an individual is listed, this will appear on their DBS certificate.

It is our responsibility at DBS to maintain these lists. This area of our work involves making fair, consistent, and thorough decisions that are appropriate to the behaviour that has occurred, and consider the risk of future harm.

People are brought to the attention of our barring team in one of three ways:

Automatic barring offence, also known as ‘Autobar’
Disclosure
Referral

Automatic, also known as Autobar

This is when someone has been newly-convicted or cautioned for a serious offence and they are considered for immediate barring, either with or without the opportunity to make representations. This information comes from the Police National Computer.
Disclosure

This is when someone applies for an Enhanced DBS check to work with children or adults in certain circumstances, such as those in receipt of healthcare or personal care, and the check reveals relevant information that results in the individual being considered for inclusion on one or both of the Barred Lists.

Referral

This is when an employer, volunteer manager, or other organisation has concerns that someone has either caused harm or has the potential to cause harm to vulnerable groups and submits a barring referral to DBS.

Regulated activity providers (employers or volunteer managers of people working in regulated activity in England, Wales, and Northern Ireland) and personnel suppliers have a legal duty to refer to DBS where certain conditions are met.

Referrals can be made online or via post. To submit an online referral, create a DBS online account and once logged in, select ‘submit a referral’.

It is important that anyone referring someone to us provides as much information as possible. More information regarding barring referrals can be found in our barring referrals guidance.

Barring representations

Where an individual is the subject of any of the above three barring referral types (excluding ‘Autobar without representation’), the individual will be given the opportunity to provide ‘representations’ as to why they feel it would be inappropriate or disproportionate for DBS to include them on one or both of the Barred Lists.

DBS will consider the individual’s representations before making a final barring decision. Further information about barring representations can be found in our barring referrals: making representations guidance.

Test for regulated activity

DBS can only bar a person from working within regulated activity with children or adults if we believe the person is, has been, or might in the future be, engaged in regulated activity.

The only exception to this is where a person is cautioned or convicted for a relevant (automatic barring) offence and is not eligible to submit representations against their inclusion on a Barred List.

Where a person is cautioned or convicted of a relevant (automatic barring) offence with the right to make representations, DBS will ask the person to submit their representations and consider these before making a final barring decision.

Full details https://www.gov.uk/government/organisations/disclosure-and-barring-service/about

About us

The Disclosure and Barring Service helps employers make safer recruitment decisions.

https://www.gov.uk/government/organisations/disclosure-and-barring-service/about

OP posts:
cabbageking · 13/11/2024 02:34

You need to give your date of birth and name at birth, place of birth and nationality etc and provide official ID not photocopies.
If this changed and you are now using a new name this would show up.

The initial application form has the NI number.

You need to provide the last 5 years of addresses and any gaps in your employment would be followed up via your references or queried following the safer recruitment processes.

There is a range of background checks and if there are unexplained gaps then you don't emply that person.

The change of name doesn't change any of the processes you have to follow.

IwantToRetire · 13/11/2024 02:32

illinivich · 13/11/2024 00:10

The sensitive route means you have to tell whoever is carrying out the check your previous name, but you can request that this name is not given to the prospective employer.

And sex. This is another government id that allows men to declare themselves as female without a grc.

Thats why men use the service, even when they know no crimes are going to be listed, they use the service because its government id that hides their sex.

Someone with a conviction for rape isnt likely going to apply for work needing a dbs check.

Edited

That's not the point of my comment.

My comment is the ability to only have the new name included in the information for a prospective employer, if there are unspent convictions which have to be declared ant they are clearly convictions that can have been carried out by a male, then the sensitive route becomes meaningless.

The DBS check does not ask for seek. Only documentation to authenticate your name.

eg Jo Bloggs could biologically be someone who is male, or someone who is female as Jo is used by both sexes.

OP posts:
illinivich · 13/11/2024 00:10

The sensitive route means you have to tell whoever is carrying out the check your previous name, but you can request that this name is not given to the prospective employer.

And sex. This is another government id that allows men to declare themselves as female without a grc.

Thats why men use the service, even when they know no crimes are going to be listed, they use the service because its government id that hides their sex.

Someone with a conviction for rape isnt likely going to apply for work needing a dbs check.

Ereshkigalangcleg · 12/11/2024 22:25

These institutions were captured a long time ago.

Talkinpeace · 12/11/2024 22:11

And when challenged for the legal basis of their guidance they get VERY snippy !

Ereshkigalangcleg · 12/11/2024 22:04

Yes that's my point, @Talkinpeace. They shouldn't.