Taxi Driver Online :: View topic - Manual taxi/PH DBS applicants to have fees refunded

Quote:

I thought that all convictions from whenever they were had to be disclosed when applying for a taxi badge or renewing one, so has that changed? Because this is supposed to be a short term problem I would have hoped that a Council would have taken a pragmatic approach to the specific issue regarding 6 monthly checks and given affected drivers some leeway.

DBS Check Legislation: Recent Changes

In recent years, one of the biggest changes to DBS check legislation, aside from updates to eligibility, is the introduction of the filtering process.

This process was introduced in 2013 as an amendment to the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

This amendment was introduced in response to a high court case which challenged the right to disclose spent convictions on a DBS certificate even if a significant amount of time had elapsed, and the individual had not re-offended.

As a result, some spent cautions/convictions may be filtered automatically from even the highest level of DBS check as long as they meet the filtering criteria.

The criteria include that they cannot have more than one caution/conviction on record, it cannot have resulted in a custodial sentence, and a significant period of time has to have elapsed before it is filtered.

Author:	Sussex [ Fri May 20, 2022 9:04 pm ]
Post subject:	Manual taxi/PH DBS applicants to have fees refunded
This story has come via many sources but it's easiest to put up this link from TaxiPoint. https://www.taxi-point.co.uk/post/wolve ... v-dbs-fees The numbers, in respect of what some drivers can save, are wrong. £13 x 3 is £39, not £92. But what is being claimed by the Wolverhampton councillors isn't that big a deal really. Manual DBS checks account for a fraction of taxi/PH checks, possibly less than 1%.

Author:	grandad [ Sat May 21, 2022 8:06 am ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
Maybe the cost of £92.00 includes the initial cost of obtaining the DBS inthe first place which may cost £53.00 if done through a 3rd party. I am confused, what is a manual DBS? When ever I have needed a driver to get a DBS it is applied for by the Council and sent in paper form to the driver who then has to show it to the Council. I have never known any other system in the last few years. Is there another one?

Author:	Sussex [ Sat May 21, 2022 6:36 pm ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
Quote: I am confused, what is a manual DBS? The best description I've found is via this link. https://www.taxiplus.co.uk/news/manual-dbs-certificates It appears that if something is in the report, but should no longer apply, it has to be manually removed from the report. Bit of a faff, but at least it keeps some people in work.

Author:	grandad [ Sat May 21, 2022 8:36 pm ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
Sussex wrote: Quote: I am confused, what is a manual DBS? The best description I've found is via this link. https://www.taxiplus.co.uk/news/manual-dbs-certificates It appears that if something is in the report, but should no longer apply, it has to be manually removed from the report. Bit of a faff, but at least it keeps some people in work. I thought that all convictions from whenever they were had to be disclosed when applying for a taxi badge or renewing one, so has that changed? Because this is supposed to be a short term problem I would have hoped that a Council would have taken a pragmatic approach to the specific issue regarding 6 monthly checks and given affected drivers some leeway.

Author:	Sussex [ Sun May 22, 2022 8:22 pm ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
Quote: I thought that all convictions from whenever they were had to be disclosed when applying for a taxi badge or renewing one, so has that changed? Because this is supposed to be a short term problem I would have hoped that a Council would have taken a pragmatic approach to the specific issue regarding 6 monthly checks and given affected drivers some leeway. DBS Check Legislation: Recent Changes In recent years, one of the biggest changes to DBS check legislation, aside from updates to eligibility, is the introduction of the filtering process. This process was introduced in 2013 as an amendment to the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975. This amendment was introduced in response to a high court case which challenged the right to disclose spent convictions on a DBS certificate even if a significant amount of time had elapsed, and the individual had not re-offended. As a result, some spent cautions/convictions may be filtered automatically from even the highest level of DBS check as long as they meet the filtering criteria. The criteria include that they cannot have more than one caution/conviction on record, it cannot have resulted in a custodial sentence, and a significant period of time has to have elapsed before it is filtered.

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Author:	grandad [ Mon May 23, 2022 10:57 am ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
Sussex wrote: Quote: I thought that all convictions from whenever they were had to be disclosed when applying for a taxi badge or renewing one, so has that changed? Because this is supposed to be a short term problem I would have hoped that a Council would have taken a pragmatic approach to the specific issue regarding 6 monthly checks and given affected drivers some leeway. DBS Check Legislation: Recent Changes In recent years, one of the biggest changes to DBS check legislation, aside from updates to eligibility, is the introduction of the filtering process. This process was introduced in 2013 as an amendment to the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975. This amendment was introduced in response to a high court case which challenged the right to disclose spent convictions on a DBS certificate even if a significant amount of time had elapsed, and the individual had not re-offended. As a result, some spent cautions/convictions may be filtered automatically from even the highest level of DBS check as long as they meet the filtering criteria. The criteria include that they cannot have more than one caution/conviction on record, it cannot have resulted in a custodial sentence, and a significant period of time has to have elapsed before it is filtered. Has the enhanced DBS form been changed to reflect this? Should an applicant to be a taxi driver still include ALL convictions and cautions that they have received since the age of 10? How would an applicant know if some cautions or criminal convictions have been removed? What if an applicant thinks a caution or conviction has been removed but subsequently finds out that they haven't been removed and they don't get their license due to non disclosure?

Author:	Sussex [ Mon May 23, 2022 11:30 am ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
If the application form says applicants should tell the council of every conviction, then they should. Quite how a council confirms that via the Manual Check process is another matter. However the mere fact the check, be that a standard or enhanced, is undertaken via the Manuel Check process, will in itself indicate that something was there, but isn’t any longer. Now I doubt a council will be legally allowed to take that view, but it could take a view that the application form hasn’t been completed in an honest manner.

Author:	x-ray [ Thu May 26, 2022 4:51 pm ]
Post subject:	Re: Manual taxi/PH DBS applicants to have fees refunded
viewtopic.php?f=5&t=37910 I’ve just informed the driver and he’s on the case!

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