January



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January 31, 2019
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Human rights infringed by DBS checks

The way workers’ criminal records are disclosed to employers infringes their human rights, the Supreme Court has ruled.

In particular, the court rejected as “disproportionate” the blanket rules requiring automatic disclosure of all convictions where a person has more than one, and the requirement that some childhood cautions be disclosed indefinitely.

Experts have said the ruling could affect thousands of people who have old or minor criminal records.

This confirms previous rulings that the Disclosure and Barring Service (DBS) was breaching the right to a private life, accoridng to the European Convention on Human Rights.

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January 30, 2019
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Legal challenge fails to expose minor offences

The disclosure of past police cautions or reprimands as children or those convicted of multiple minor offences may not be permitted after the government lost a legal challenge.

The Disclosure and Barring Service (DBS) stipulates that certain offences such as whether the conviction or caution is serious, current or not deemed to have been spent under the 1974 Rehabilitation of Offenders Act, where a custodial sentence ensued or where there were multiple convictions should be revealed, which has been challenged as being too harsh.

The judgement noted that disclosure for multiple convictions, even if they were minor, and how warnings and reprimands to juveniles were treated the same as convictions, were disproportionate.

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| Health & Social Care
January 29, 2019
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Watchdog alleges health board screening failures

The Abertawe Bro Morgannwg health board did not carry out background checks on scores of its staff, a watchdog has alleged.

Care worker Kris Wade was accused on 3 separate occasions of sexual assault on patients, and finally murdered a female neighbour.  Background checks were not carried out, although in this case they may not have given an indication of what would happen.

The board was critisized for the length of time the investigations into the assaults took and how they were handled.

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