Active discussions

Please or to access all these features

Talk
Feminism: Sex and gender discussions

Feminism: chat

Original poster

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:
MissingLynks · 08/11/2024 22:59

Mysterian · 08/11/2024 22:56

It's the same check everybody gets. They just won't say they're trans.

This. Being trans is not after all a crime, and therefore not something which would be disclosed under a DBS check. Actual crimes would be.

Of course people can lie but anyone can lie, this is not some trans-specific loophole.

Mysterian · 08/11/2024 22:56

It's the same check everybody gets. They just won't say they're trans.

Ereshkigalangcleg · 08/11/2024 22:37

DBS checks can disclose intelligence and not only convictions. It depends.

Yes that's also why "no crime hate incidents" aren't good because they are the type of info that can be disclosed.

Ereshkigalangcleg · 08/11/2024 22:35

And @IwantToRetire raised an interesting point on the thread this came up on, which I'm not 100% sure of the answer to. Privacy is paramount in the "sensitive" process (which only applies to trans people, and does not require a GRC). Some crimes would identify a person as male, or strongly suggest it. Would they be disclosed, when the sex of the person was not?

TrumptonsFireEngine · 08/11/2024 22:33

Questionforthedons · 08/11/2024 21:49

Hang on, I’m pretty GC but can’t see the risk here. Isn’t this just saying the trans person will have to declare their previous name etc for the DBS check so they can perform a full check but the info on name won’t be given to the employer.

That doesn’t validate the check surely?

Yes, convicted sex offenders just need to declare their previous name so their previous convictions can be found. Or they could just decide not to tell and then their employer won’t know about their paedophilic crimes and record of trying to gain employment which gives them access to children…

Myalternate · 08/11/2024 22:01

Surely anything that requires notification on a DBS check would have to be noted? It would only be a previous name/gender that would be withheld. Have I got that all wrong?

ResisterOfTwaddleRex · 08/11/2024 21:59

DBS checks can disclose intelligence and not only convictions. It depends. But the loophole we are talking about here exists. You're relying on someone to be truthful. If everyone was always truthful, there'd be no need for a DBS system in the first place.

minisoksmakehardwork · 08/11/2024 21:54

I'm with @Questionforthedons on this one. But a DBS is only ever good for picking up what is known about. Some offenders have spent years perfecting their 'craft' and only get caught when they get complacent.

Questionforthedons · 08/11/2024 21:49

Hang on, I’m pretty GC but can’t see the risk here. Isn’t this just saying the trans person will have to declare their previous name etc for the DBS check so they can perform a full check but the info on name won’t be given to the employer.

That doesn’t validate the check surely?

MrsOvertonsWindow · 08/11/2024 21:47

It's an appalling loophole and the refusal of the DBS to address this shows that yet another institution has been captured by the trans lobby at the expense of safeguarding children and the vulnerable.

It's completely indefensible.

TrumptonsFireEngine · 08/11/2024 21:45

Though DBS only ever picked up those who had already been caught.

ResisterOfTwaddleRex · 08/11/2024 21:45

Yes.

TrumptonsFireEngine · 08/11/2024 21:44

Yes

Original poster
IwantToRetire · 08/11/2024 21:34

Apollo441 · 08/11/2024 21:32

Yes it's arrant bollocks and an enormous safeguarding risk.

So you mean, if I see something advertised as saying staff DBS checked, I shouldn't regard this as any guarantee of safety for me as a female thinking of using the service advertised?

OP posts:
Apollo441 · 08/11/2024 21:32

Yes it's arrant bollocks and an enormous safeguarding risk.

Swipe left for the next trending thread