NASUWT Representatives

56 www.nasuwt.org.ukconstabulary, it is likely to remain difficult to successfullychallenge the disclosure of non-conviction information, unless itis factually inaccurate or there are strong grounds to argue theinformation is not relevant to the post applied for.A further change has been the appointment of an IndependentMonitor (IM) who individuals can appeal to regarding thecontent of a Disclosure, if a dispute cannot be successfullyresolved. The IM will conduct an independent review and if thedispute is upheld, the IM will direct that a revised certificate beissued.If a member believes the information contained in her/hisEnhanced Disclosure is inaccurate or irrelevant, s/he shouldcontact their Regional Centre. A copy of the Disclosure will berequired. In the first instance, it is likely the member will have toengage with DBS Disputes process within three months of thedate of the Disclosure. Further details can be obtained fromwww.homeoffice.gov.uk/agencies-public-bodies/dbs/contactus1/disputes.The review of the safeguarding and criminal records system,which gave rise to the changes incorporated into the Protectionof Freedoms Act 2012, also recommended that criminal recordchecks should be portable (transferable) between positionswithin the same employment sector.The Act provides for the portability of Disclosure Certificatesthrough an ‘Update Service’. This will come into operation inearly 2013. The service, operated by the DBS, will allowemployers to check whether any new information has come tolight since the date of the last Disclosure to determine whetheror not a new Disclosure Certificate is required. However, it willbe dependent upon an individual subscribing to the service,except for those undertaking volunteering, to whom it will befree.In spring 2013, the DBS will also introduce a ‘single certificate’to be issued to applicants only, rather than directly to theemployer. This should enhance the ability for an applicant todispute any information on a certificate they do not believe isaccurate, relevant and ought not to be disclosed, before theyshare it with others to make a decision on their suitability towork with children and/or vulnerable adults.ConfidentialityIt is a criminal offence to make an unauthorised disclosure ofinformation in an Enhanced Disclosure. However, informationcan be passed from an LA to a school’s governing bodypursuant to their duties.The former CRB drew up a Code of Practice that providesguidance on the handling of disclosure information.Organisations and individuals who use or receive EnhancedFor advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive