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

[IwantToRetire]

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/

Seriously, if you need any evidence at all of why trans people might prefer not to be forcibly outed to potential employers, you only need to read this thread.

Without a gender recognition certificate, they are legally the sex they were born. They shouldn't be able to conceal this for safeguarding reasons.

Here's a crazy thought, wouldn't it perhaps be a better use of your time, rather than whipping yourself up into a froth about a what-if scenario you've imagined in your head, you could actually just take 2 seconds and google how DBS checks under the sensitive route actually work, and you'd learn - much to your relief - that if someone has a rape conviction, that would indeed be listed on their DBS check. The name under which they committed it wouldn't be, and you're right to conclude the check wouldn't say IT'S A FUCKING MAN in big red letters across it, but it wouldn't need to, since it would have already provided information about the conviction, which is all an employer needs to know.

I did google, thanks and there was no clear answer, but thanks for finally bothering to answer my question rather than frothing about how terrible I am for having concerns, and I am somewhat reassured that any future employers would at least be told of the rape conviction.

But I still see no need for the "sensitive process" unless someone has a GRC. Men shouldn't be able to conceal their sex. Or women, obviously.

Could you please either explain or link to the simple explanation you say there is of exactly how the information that a man has a rape conviction would be communicated now he's identifying himself as a woman, without "outing" him?

What does the certificate actually say? Does it just say "conviction, rape, 7 years"?

This is a genuine question.

Did someone say testerical?

If the crime was sexual assault, the dbs check would say that [womans name] committed that crime.

If the crime was shop lifting, the dbs check would say the [womans name] committed the crime.

Even if those crimes were committed 20 years before the man started use a womans name, the dbs check would say they were commit by [womans name].

So the dbs special helpline gives the impression that this man is not only a woman, but had been one for years.

If a business employed Janet despite committing a crime years ago, what changing rooms and toilets would they assume they should use?

Thanks @illinivich I wasn't sure how it would be written.

I can't see any employer using the dbs check to decide on which toilets should be used. That would be very odd.

The DBS give the applicants name, date of birth, and gender. Then lists the convictions that aren't spent. (Im not sure if thats the correct term)

The special hotline will ensure that the name and gender is at the request of the applicant, and no othet name or gender is given.

I can't see any employer using the dbs check to decide on which toilets should be used. That would be very odd.

Why would it be odd? If the applicant has gone to the trouble of hiding their real name and sex from their employer on a dbs, why would they disclose it another way?

Chances are, the DBS will be seen by head office/HR... not the people who you actually spend any time with. They wouldn't know who was using which toilet or even what toilets there are in the first place.

Its not the function of DBS... thats to find out if you have any convictions.

We're going round in circles. If the fuction of the dbs is only to declare convictions, why lie about names and sex? Thats an additional function only given for people wanting to hide their sex.

It becomes another form of id with the incorrect sex listed, along with passport and driving licence.

It is an addititional function offered and it's best to focus on the idea that safeguarding works as there are no exceptions rather than coming up with ideas like what if the dbs is used in ways that it's never used.

It becomes another form of id with the incorrect sex listed, along with passport and driving licence

This. None of these things should be available to people of either sex without a GRC (obviously I think the GRA should go too but that's more of a long term goal). We don't have self ID in this country.

He is entitled to not have his DBS show his sex or any of his previous convictions.

This isn't what has been said or suggested, but the thread laterly has got a bit confusing.

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.

But as the chech should show if there are convictions that aren't "spent" and as some convictions are inherently male crimes, the name not being revealed effectively becomes pointless as the possible new employee, who is applying as a female, has unspent male convictions.

DVLA, Passport Office, NHS all effectively operate self ID
despite it NOT being UK law

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

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

These institutions were captured a long time ago.

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.

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.

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.

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

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.

"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.