what is the well known loophole in DBS?

[loveyouradvice]

Is it as simple as you have to declare previous names etc, and if you don't no one notices? Or is it something more?

That it only identifies people who’ve been caught?

It's the sensitive applications route for trans people where they get to use a special confidential helpline that allows them to conceal certain important information. Unlike the rest of society who are expected to be open and honest about their history if they want to work with children / vulnerable people. The report from KPSS in this linked thread gives a detailed analysis of the issue:

https://www.mumsnet.com/talk/womens_rights/4641046-new-report-from-kpss-on-dbs-checks-where-name-gender-are-changed-the-safeguarding-loopholes-that-creates

The sensitive unit application option is not a loophole. Anyone using it is doing so because they want to reveal their old names - they don't want their employer to know, so this unit organises the searches.

The loophole is that if you don't want to reveal your old name because it has a criminal record attached, you can just fill out a standard dbs form but with your new name. For this you wouldn't use the unit.

I'm as gender critical as they come but the unit isn't the problem - it's the fact actrans person can hide old names.

Currently you don’t have to use your original birth certificate as part of the identity check - so people who have changed names and don’t declare get around this

There should be NO safeguarding exceptions. Full transparency if you want to work with children / the vulnerable. Schools / nurseries etc need to know the birth sex of all adults wanting access to children.

No sacred castes, no secret phone lines, no exceptions.

Hi @Arran2024 . I think we've had this conversation before. I think the issue for me is that the hiding of names from an employer would prevent local safeguarding knowledge to be shared.

As an employer, you could demand all previous names as a condition for employment, but it does seem to me that an agency that is in place to protect children should put extra work onto the employer rather than be transparent is concerning.

There's a useful discussion here with links to the KPSS website where you can download a PDF of their report.

The DBS system grants one group enhanced privacy, and conceals their sex as well as their previous identity. KPSS recommend the DBS uses a persons NI number, and states their sex not their acquired gender.

www.mumsnet.com/talk/womens_rights/4641046-new-report-from-kpss-on-dbs-checks-where-name-gender-are-changed-the-safeguarding-loopholes-that-creates

Schools have to do Internet trawls and social media searching now. Not having previous names is a huge issue