The Community Services Manager introduced the report which discussed proposals to introduce DBS checks for Members following a request from the Housing and Health Committee on 5 March 2024. She said that whilst there was no statutory requirement for DBS checks for Members, there was legislation that promoted high standards of conduct for elected Members and grounds for disqualification. The Community Services Manager highlighted the risks to the public and to the reputation of the Council should a Member be elected whilst having an unknown criminal conviction and explained that whilst there were different levels of  DBS checks, it was appropriate for elected Members to receive a voluntary, basic DBS check.  She referred to the recommendations in the report and steps suggested should there be a conviction.

A Member asked why the suggested term was two years and not every term?  The Community Services Manager said research had shown other authorities carried out checks at different rates and it was for Members to decide the frequency.

Other comments included:

·         Pleased to see the subject being taken seriously;

·         Councillors were trusted members of the community and it was important for checks to be carried out;

·         a DBS check would re-affirm that Councillors could be trusted;

·         there should be an expectation that if any incidents occurred to a Councillor within their term of office, they would volunteer to carry out an additional DBS check;

·         it was a Councillor’s responsibility to protect themselves and their community; and

·         should Members appointed to the Community Safety Partnership (CSP) have an enhanced DBS check?.

The Head of Housing and Communities advised that should a Member have a DBS check as part of their work or similar, the DBS check could be considered to be acceptable on a case by case basis.  She explained it was not necessary for Members who sat on the CSP to have an enhanced DBS check as they should treat the confidential information in the same way as any other confidential information they received.  The Chief Executive added that if the Police had any concerns over any Member that sat on the CSP, they would raise their concerns with her who in turn would speak to the relevant Group Leader. In the discussion that followed, a Member highlighted that some Members were not in Groups. The Chief Executive said the subject Member would be spoken to directly and would be supported in the same way.

There was some discussion around what action could be taken if a conviction was revealed. The Head of Housing and Communities said there were limitations, but highlighted that it could be a deterrent to those with a conviction to stand and whilst DBS checks were not perfect, it was another tool to safeguard residents and sent out the message that the Council took the matter seriously.  The Chief Executive added that by having knowledge, risk assessments could be put in place to protect the public, staff and other Members as well as to the subject Member.  A Member suggested that sanctions for elected Members whose DBS checks revealed a conviction could be included as part of the wider issue of sanctions for Members, when contacting the Minister to review.  The same Member said that it was important to agree the principle of Members having DBS checks and then consider the details and next steps after.  Another Member agreed and said there needed to be a regular review.  The Head of Housing and Communities said that this could be regularly reviewed alongside the Safeguarding Policy, to ensure it was fit for purpose.  Members said a report with the final details of how the process would work, should come back to the Committee.

Councillor Angela Harrison proposed that the frequency that DBS checks be carried out should be on a Members’ term of office. This was seconded by Councillor Charlie Miller. Councillor Elliott Jayes proposed that the DBS check be carried out annually. This was seconded by Councillor Monique Bonney. On being put to the vote Members agreed with checks being carried out on a term of office. Councillor Harrison proposed a further amendment that the DBS check should be carried out within six weeks of being elected or, for current serving Members, within six weeks of agreement of the process by Full Council.  On being put to the vote Members agreed.

Resolved:

(1)  That the introduction of basic DBS checks for elected Members be adopted, at the time of their election (and for current Members to take place after agreement of the recommendation by Full Council) until the point of their appointment ceased, and for those Members with an existing, relevant DBS check, to provide evidence to Democratic Services, and for this process be recommended to Full Council for agreement.

(2)  That the Chief Executive, in conjunction with the Leader and support from the Monitoring Officer, managed the process for failure to complete the DBS checks and if the check did reveal an offence.