GDPR / DBS Issue

[nailak]

Hi,
I was wondering if someone can advise me. I'm going to try to be as clear as possible without revealing any details that would expose anyone.
If an organisation (A) hires a premises from a childcare provider (organisation B) such as an after school club, what are the responsibilities of org B to check the safer recruitment procedutes in place of org A.
Can Org b demand that the safeguarding lead of org A has a DBS done through org B ?( Even though she has multiple recent DBS).
Can org B demand to see the info on the DBS of the staff hired by org A?
Would it be breaking GDPR for org A to show their staff's DBS to org B?
Is it sufficient for org A to direct org B to their safer recruitment and hiring of ex offenders policies?

If a staff member has an offence on their DBS that is exempt from being spent that their youth, that they have disclosed at interview, it has been over a decade ago and org A has references etc showing good character and no further offences, would it be illegal for that person to work with children, or does the recruitment of ex offenders guidelines mean that if it is disclosed and discussed and the employers are satisfied?
Can org B demand that org A remove that staff member?

Thank you in advance

Org B has a duty to ensure that A is gdpr compliant. They may have a data sharing contract but the individuals affected need to be informed and consent. DBS paperwork is the property of the individual so it is not for org A to share. Safeguarding and gdpr are separate issues.

To answer your question, the policies should be sufficient without sharing the individuals' information.

What does it say in the letting agreement?

you don't normally ask to see DBS certificates for people working for other organisations - it doesn't really tell you much - they could have left, the organisation could have received an update since the certificate was issued. You would expect that organisation to confirm that they have carried out a safer recruitment process and done the necessary checks and give you the name and dbs number of their employees (and when they carried out their last update) we ask this of people renting our rooms.

Thank you for your replies.

It doesn't say anything in the letting agreement but they are talking about some new legislation, that requires them to have this stuff?

I'm thinking of sending a letter confirming safeguarding lead details and enclosing safer recruitment and gdpr policies.

Org B has a duty to ensure that A is gdpr compliant

No they don't. From the OP their relationship is simply that organisation A hires premises on them. That does not create any duty to ensure that organisation A is GDPR compliant.

It doesn't say anything in the letting agreement but they are talking about some new legislation, that requires them to have this stuff

From the information you have given I cannot see any justification for their requests. They cannot demand that the safeguarding lead of organisation A has a DBS through them as the safeguarding lead is neither volunteering for nor employed by them. The other information they request cannot be shared under GDPR. Indeed, the code of practice that organisations sign up to when they use DBS rules out any possibility of the information being shared. I would love to know what legislation they think gives them this right. Unless I've missed something there isn't any.

would it be illegal for that person to work with children,

Some people are barred from working with children or vulnerable adults. If they are on a barred list; it would be an offence to hire them into that position; I believe.

Did you hire the person? There's a lot of law involved here. You might be able to avoid it for now as the GDPR link seems confused but I wouldn't bury your head in the sand.

f a staff member has an offence on their DBS that is exempt from being spent that their youth, that they have disclosed at interview, it has been over a decade ago and org A has references etc showing good character and no further offences, would it be illegal for that person to work with children,

If you are going for an enhanced disclosure to work with children, "spent" doesn't always apply. But as pointed up above, only people who are on the Barred Lists are totally barred from applying for job with children / vulnerable adults. Other people who have criminal records can be employed - it's up to the employer to have a robust recruitment process and assess risk.

Ok the legislation they are talking about is the disqualification under the childcare act. They highlighted this paragraph.

The thing is I'm not sure if this actually applicable as we operate in the afternoon during what would be considered "normal school hours"
The org we hire from operate in morning, then we run our class for 1.5 hours in afternoon with some of the same kids as a seperate organisation.
So does normal school hours mean the hours of Org b? Or does it mean our normal hours, or does it mean 8.30am to 3.30pm?

Here

To clarify this person's name is not on the barred list, his offence is on the list of offences exempt from being spent, and he had a custodial sentence.

It is reasonable for the school to check that you have appropriate procedures and policies in place. What they are asking goes well beyond that. They can check that you get DBS checks for all appropriate staff. They can check that you have a policy that determines whether or not you will accept someone with information on their DBS. They can check that your policy is clear that you will not accept anyone who is barred with children. They absolutely cannot demand to see the information on individual DBS checks, nor can they insist that they get a DBS check for your safeguarding lead. They would be breaking the law if they tried to get a DBS check for your safeguarding lead. You would be breaking the law if you shared DBS information with them.

I missed your question about whether it is legal for someone with an offence on their DBS to work with children. Given that this person is not on the barred list it is not illegal for him to work with children. Given that his offence is exempt from filtering (NOT exempt from being spent) it is the kind of offence that the authorities think you should know about before deciding whether or not to make use of his services. However, the final decision is yours. It would be good practice to have a policy that says what is acceptable and what isn't. For example, you may consider that an old offence of affray is not a bar to working with children but may take a rather different view if the offence was indecent exposure or child abduction.

Thank you for that response. It confirms what I was thinking.
Now I just need to word that in an email in a non confrontational way!