Blackburn with Darwen councillors face new criminal record checks

Following May's local elections, Blackburn with Darwen Council is to undertake a review of the Disclosure and Barring Service (DBS) certificates of all its elected members.

Its deputy legal director Asad Laher has told the authority's standards committee of the audit.

Standard DBS certificates detail any criminal convictions of cautions and individual has received while enhanced ones scrutinise their suitability to work with children or vulnerable adults and whether they have been banned from doing so.

Mr Laher's report says:"The committee is asked to note that the governance team will check that all members have a current DBS certificate, and assist the newly elected councillors in May 2022 in the application process.

"Following discussions at standards committee and council forum, it was agreed that all councillors would be required to undertake a DBS check appropriate to their role, either Standard or Enhanced.

Part of the Government's guidance for filling in a DBS form

"The governance team have assisted members in the application process, but it remains the individual member's responsibility to ensure that they had the necessary current DBS Certificate.

"DBS certificates last for four years, therefore the majority of councillors will have a valid DBS certificate.

"However, DBS checks are required for newly-elected councillors, and the governance team as part of this process will also be checking that all other members have current DBS Certificates or are assisted in the application process to receive one.

"The standards committee will receive regular updates on DBS checks to ensure that all Members have the necessary clearances.

"Although there is no specific legal requirement to undertake DBS checks on elected members, the council can lawfully decide to introduce DBS checks.

"The current disqualification rules for councillors and Mayors include a provision that anyone convicted of an offence carrying a prison sentence of more than three months (without the option of a fine) is banned from serving as a local councillor.

"Individual candidates are required to make a self-declaration on the prescribed form during the nomination process that they are not disqualified to stand and be elected as a local councillor.

"DBS checks for elected members promote greater public confidence in the role of councillors."

The policy, approved by Blackburn with Darwen Full Council in July 2019, says: "In light of the fact that Council has a duty to protect the most vulnerable in society this policy requires all councillors to undergo basic level DBS checks.

"For certain member appointments a higher level of check may be required."