@Theeyeballsinthesky
Didn’t we discuss on FWR that if someone has a GRC that wipes out their former identity re seeing CRB useless??
I might be misremembering but I’m sure it was discussed at length
No, that's not how it works - thankfully!
DBS Sensitive applications
Transgender applicants are protected in legislation and are not obliged to include details indicating a previous gender in their application form.
The DBS has a process in place which allows any details indicating a previous gender to be checked without being disclosed on the completed certificate.
They are, however, required by law to provide all name details to the DBS in their current and any previous identity. Deliberately withholding this information may be an attempt to prevent conviction information being revealed and is an offence.
Scroll right down this DBS page to see the section on "Sensitive applications":
www.gov.uk/government/organisations/disclosure-and-barring-service
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DBS Guidance
Transgender applications
Guidance and information regarding the sensitive applications route for transgender applicants.
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.
So the only difference with people who have a Gender Recognition Certificate (GRC) is that, for privacy reasons, any issues that apply under a pre-GRC name can be listed under the current name and “gender”, if the person with a GRC requests this.
All of those issues would still be listed on the DBS disclosure, none would be omitted. The only information not disclosed, if requested by the GRC-holder, would be the pre-GRC name and the actual sex of the person.
This does create a loophole but not the one suggested.
When a previous name is undisclosed this could present a barrier to accessing “informal intelligence”. To that extent, the current DBS system for people with a GRC does not deal with all of the intelligence failures that the recommendations in the Bichard Inquiry set out to address, ie. in the wake of the Soham Murders of Holly Wells and Jessica Chapman by Ian Huntley.
www.virtual-college.co.uk/resources/public-inquiry-holly-wells-jessica-chapman
DBS checks can only result in disclosure of information that is known to the DBS. If incidents have not been reported they will not be known to the Police and so to the DBS.
For example, some organisations have an "anti-punitive and anti-carceral" ethos and prefer to deal with incidents "in house", eg. by "restorative justice". Others simply cover them up.
Nevertheless, knowledge of the incidents and the names of alleged perpetrators may be common knowledge within the organisation or the sector. Failure to list a previous name on a DBS disclosure can present a safe-guarding issue in these circumstances.
A recent example of an "anti-punitive and anti-carceral" approach is in the training given to Oxfam staff in the UK, which said that women who report rape or sexual assault to the police promote "racism" and "white supremacy":
"Oxfam training guide blames ‘privileged white women’ over root causes of sexual violence"
The Telegraph, 9 June 2021
Extracts
Oxfam has produced guidance which states that: “Mainstream feminism centres on privileged white women and demands that ‘bad men’ be fired or imprisoned”.
Accompanied by a cartoon of a crying white woman, it adds that this “legitimises criminal punishment, harming black and other marginalised people”.
"Learning About Trans Rights and Inclusion" was drawn up in 2020, whilst Oxfam was still reeling from sexual exploitation scandals in Haiti and Chad.
The charity suffered further blows in April this year, when a female aid worker quit alleging that there was a “toxic culture” and her sexual harassment complaint had been ignored,
<a class="break-all" href="https://web.archive.org/web/20211029194646/www.telegraph.co.uk/news/2021/06/09/oxfam-training-guide-blames-privileged-white-women-root-causes/" rel="nofollow" target="_blank">web.archive.org/web/20211029194646/www.telegraph.co.uk/news/2021/06/09/oxfam-training-guide-blames-privileged-white-women-root-causes/
Other examples of organisations with “anti-punitive, anti-carceral” policies that prefer in-house “restorative justice” approaches include "Action for Trans Health" and "Edinburgh Trans Health".
This account illustrates how it is possible for individuals with a long history of allegations of sexual misconduct to benefit from well-meaning people, policies and organisations that do not prioritise safeguarding, in this case of vulnerable young adults:
<a class="break-all" href="http://web.archive.org/web/20210806210146/www.sarahmcculloch.com/statement-jess-bradley/" rel="nofollow" target="_blank">web.archive.org/web/20210806210146/www.sarahmcculloch.com/statement-jess-bradley/
See also:
www.mumsnet.com/Talk/womens_rights/3626735-Update-on-the-Jess-Bradley-position
No sex-scandals that I am aware of but for an insight into the aims of these esteemed advisors to the Scottish Government, see Edinburgh Trans Health:
<a class="break-all" href="http://web.archive.org/web/20210916165239/edinburghath.tumblr.com/post/163521055802/trans-health-manifesto" rel="nofollow" target="_blank">web.archive.org/web/20210916165239/edinburghath.tumblr.com/post/163521055802/trans-health-manifesto
(Anyone seeing a pattern here? A pattern that parents would not want to see promoted within an organisation for young girls?)
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Some aspects of the "name change issue" apply to everyone:
Anyone can change their name at any time. There is no requirement to change name "officially", eg. by deed poll, although this can be a convenient way to provide proof of a name change. Therefore, it is difficult to see how the “name change loophole” could be closed.
”If you have any pending criminal prosecutions against you then you will be required to notify the police about the change. If you are on licence or under probation, then you will be required to inform your probation officer and if you are on the Sex Offenders Register, you are required to notify the police within 3 days of changing your name. Failure to inform the police may result in a criminal conviction.”
hub.unlock.org.uk/knowledgebase/changing-name/
Police role in the DBS checking process
www.gov.uk/guidance/police-role-in-the-dbs-checking-process
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Responsibilities of recruiting organisation
It is worth having a look at the requirements for the recruiting body to check the identity of the potential employee or volunteer in order to apply for a DBS check.
If GG is delegating this responsibility to untrained volunteers, is an untrained volunteer also responsible for receiving the DBS check and making the decision about whether a new potential volunteer is suitable?
I do hope not.
www.gov.uk/government/publications/dbs-identity-checking-guidelines/id-checking-guidelines-for-standardenhanced-dbs-check-applications-from-1-july-2021
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DBS - Reporting concerns.
The Government provides this information:
”Report someone as unfit to work with children or vulnerable adults”
Parents or members of the public who are concerned about someone working with children or vulnerable adults should contact the police, social services or the person’s employer.
Refer someone to Disclosure and Barring Service (DBS)
Employers must refer someone to DBS if they:
- sacked them because they harmed someone
- sacked them or changed their role because they might have harmed someone
- were planning to sack them for either of these reasons, but they resigned first
You’re breaking the law if you do not refer someone to DBS when you should.
Contact the helpline for help referring someone to DBS.
DBS helpline
Telephone: 0300 0200 190
www.gov.uk/report-unfit-work-children-vulnerable-adults
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There is copious information on the Government DBS site about how the DBS system operates:
www.gov.uk/government/organisations/disclosure-and-barring-service
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More worrying than DBS provisions for GRC-holders are:
- DBS provisions for sex-offenders to have their names removed from the Sex Offenders Register on request
- the apparent laxity and lack of seriousness reported in at least some sections of GG with respect to conducting DBS checks
- evidence that promotion of "trans inclusion" within the voluntary sector is being paired with promotion of an "anti-punitive, anti-carceral" ethos that stigmatises the reporting of sexual assault and rape to the police.