my work is acting illegally?

[olivebonas]

Someone I work with disclosed to me today that they got called in over "failing" their DBS to talk to management.

We work with extremely vulnerable people, and the crime was violent and very recent.

They said nothing has been done about it and they continue to work with vulnerable people.

Is this not illegal? The general experience working in the job has been awful, with lack of training. At the beginning I was desperate because I didn't have an income - now, I am just terrified that something extremely awful is going to happen. I need to leave, my anxiety is always sky high. I am so concerned about the safety of the people we help.

AIBU to report this via a whistleblowing route?

Definitely report it

Yanbu. People have to provide an enhanced DBS for a reason. Report.

YANBU. Hopefully wires have gotten crossed somewhere and that's not what was meant, but better safe than sorry.

It is not illegal

You don't pass or fail a DBS. It flags up relevant convictions/cautions

If the person declared it at the time of appointment then there would be a process by which a risk assessment could be done.

If they did not declare it then it would be a larger issue for most employers.

You don't pass and fail DBS checks. The certificate is a statement of fact.

The employer has to practise safe recruitment by looking at the information on the form and deciding whether or not to go ahead with the appointment.

If a company/organisation decides to go ahead and hire someone who has information disclosed on a DBS certificate it may or may not be illegal depending on the circumstances.

My advice would be to either call the DBS helpline for advice (but don't expect them to go into detail about crimes or give out any personal details)

Or contact OFSTED, the Care Quality Commission, relevant NHS trust or whichever appropriate body.

I’m not sure if it’s illegal but if your employer is regulated say with CQC, it would land them in trouble. YADNBU to report your concerns.

@isspacethefinalfrontier

And surely, a violent crime is a relevant barring offence when working 1-to-1 with vulnerable people

And surely, a violent crime is a relevant barring offence when working 1-to-1 with vulnerable people

Indeed, which is why your employer would be stupid to keep employing this person, and if something went wrong, would not have a leg to stand on. But it doesn't make it actually illegal for them to do so.

It would depend on the circumstances of the crime I'd imagine. Conviction for violent robbery or domestic assault - no. Conviction for a fight on a drunken night out 5 years ago - a bit more of a grey area. I know someone with a conviction for armed robbery who works with vulnerable people, it was nearly a decade ago and they've come a long way since. It's not so black and white.

If you are concerned the person is a danger to vulnerable people then report to CQC. If it isn't a CQC regulated business then contact the adult safeguarding team in your area.

Report it at least you will get clarification if it hasn't been passed on correctly from your colleague

The crime was GBH

and was this year.

It's only illegal if they are employing someone who is barred from working with vulnerable people. A conviction for violent crime does not mean they are barred. You can have pages and pages of criminal history and not be barred.

It really is dependent on the crime and situation. It’s not illegal. It’s a judgement call.

It’s down to the manager to access for themselves.

Depends on the circumstances of the crime.

Drunken pub fight - could be over looked on the condition of how likely they were to do it again, did they go to prison, was it a suspended sentence ect..

Armed robbery ect.. not so easy to get past

All dbs does is flags problems. A risk assessment is done and then a decision is made eg someone who has flagged up due to accounting fraud is not a risk to children in a sports club, equally someone convicted of a drunken brawl is not a risk to working with people with Alzheimer's. Context matters

Where are you and what is your work? If you're in Scotland and in a care situation, you need to report it to the Scottish Social Services Commission as it affects professional registration; most categories of carers are registered now. If you're outwith Scotland, carers aren't registered so you would need to go elsewhere but perhaps adult social services as it could be a safeguarding risk to vulnerable service users.

They will have done a risk assessment and if they do not believe him to be a risk to the people he works with then he can continue in his job. It is possible there was a very specific set of circumstances behind his conviction which you are unaware of.

You cannot fail a DBS.
Your convictions will be disclosed and the company can make a judgement t dall.
Unless they have convictions for child sex abuse or recent violent convictions their employers may decide that it's ok
Nothing illegal about it

I have a friend who works in care. 3 years ago he spent time in prison for gbh after he fought back against his abusive boyfriend. He disclosed his convictions and the place he works did a risk assessment around it. Cqc are even aware because someone reported the establishment to them.

It's not always black and white. By all means report it. But dont assume just because someone has a conviction it means they are completely banned from care work. My service would be buggered if that was the case (I work with mentally Ill offenders, and some of my colleagues are former offenders).

I've worked with someone who stabbed her husband after he hit her, someone who had been to prison for GBH within a football match, both with vulnerable people. It's about the context and it's up to the employer whether they take on that person or not. Management are aware of the conviction so it's up to them. You can bring it up if you have concerns though but it's not illegal.