Agenda item - Criminal Records Bureau Checks for Councillors

To agree a policy on checking the criminal records of councillors and other members.

(a) That the Council believes it is important that all willing councillors are CRB checked and specifically those councillors falling into the following categories:

A member of the Cabinet

A member of either the Housing Overview & Scrutiny Committee, the Lifelong Learning Overview & Scrutiny or the Social & Health Care Overview & Scrutiny Committee (and any substitute)

A member of the Fostering Panel

A member of the Adoption Panel

A member of the Local Children’s Safeguarding Board

A school governor

Carries out a corporate parenting role under the Council’s corporate parenting policy

Undertakes rota visits of children’s homes or care homes

(b) That checks be carried out on eligible members following county council elections, and on the relevant members following by-elections and any change in the composition of the Cabinet, Committees, Panels etc.

(c) That councillors who have not been CRB checked are not eligible to hold any of the above positions or take part in any of the designated activities, noting that a councillor will not be subject to any restrictions on his or her representative role on behalf of vulnerable groups.

The Head of Legal and Democratic Services explained that the Criminal Records Bureau (CRB) was reluctant to undertake checks on all councillors. Central Government had also taken steps under the Protection of Freedoms Act 2012, to restrict the categories of employees where criminal checks could be made although the law had not been changed regarding councillors.

The positions held by councillors which made them eligible for a CRB check under the Safeguarding of Vulnerable Groups Act 2006 were detailed in the report. The Head of Legal and Democratic Services advised that the majority of councillors within the Authority fell within the legislative categories that were eligible for CRB checks. However, it was necessary for the person who was the subject of the check to give his/her consent.

During discussion concerns were expressed by Members in relation to their role as corporate parents and as Ward Members. Councillor C.S. Carver also raised the issue of entitlement to substitute at meetings. The Head of Legal and Democratic Services advised that should a councillor refuse to have a CRB check he/she would not be eligible to hold any of the positions specified in the report or take part in any relevant designated activities. However, councillors would be able to continue to represent vulnerable groups of the community within their ward without restriction.

Members commented on the importance the Council placed on the safeguarding of children and vulnerable adults and expressed the view that it was important that all councillors were CRB checked if at all possible. The Head of Legal and Democratic Services provided clarification on the Council’s current policy concerning CRB checks and their portability to alternative roles. He suggested that CRB checks be undertaken on eligible members following county council elections and on the relevant members following by-elections. In addition as the composition of Cabinet, Overview and Scrutiny Committees, and Panels etc. changed new checks should be carried out as and when required.

RESOLVED: