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Appointment details

Independent Monitor for the Disclosure and Barring Service

Summary

• Organisation: Independent Monitor (IM) for the Disclosure and Barring Service
• Sponsor department: Home Office
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Legal, Regulation, Casework and Complaints Handling
• Number of vacancies: 1
• Time commitment: 150 day(s) per annum
• Remuneration: £548 per day
• Length of term: 3 Years
• Application deadline: 11pm on 21 October 2024

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Timeline for this appointment

1. Opening date

   20 September 2024

2. Application deadline

   11pm on 21 October 2024

3. Sifting date

   1 November 2024

4. Interviews expected to end on

   22 November 2024

Timeline dates are only an estimate and can change

About the appointment

Introduction

About the Disclosure and Barring Service (DBS)

The DBS plays a vital role in safeguarding the most vulnerable in our society through the provision of criminal record information enabling employers and voluntary organisations to make safer recruitment decisions and barring individuals who pose a risk from working with vulnerable people. 

An Enhanced Disclosure is the highest level of criminal record certificate issued by the DBS. Chief Police Officers have a legal duty to include local police information that they reasonably believe ought to be disclosed on an enhanced criminal record certificate because it is directly relevant to the application. Under the Protection of Freedoms Act 2012, the Independent Monitor has the statutory power to review disputes from applicants regarding the local police information that has been disclosed on their enhanced certificate.

The Independent Monitor (IM)

The IM is appointed by the Secretary of State under the Police Act 1997 (the Act) and has four statutory duties relating to the disclosure of information on a person’s Enhanced Criminal Records Certificate. 

Firstly, in accordance with Act, the IM must review a sample of cases in which police non-conviction information is included, or not included, on enhanced criminal record certificates. The purpose of these reviews is to ensure compliance with the Home Office’s Statutory Disclosure Guidance and Article 8 of the European Convention of Human Rights. 

Secondly, when a request for an Enhanced Certificate is made, an individual’s details are referred to any police force which may hold information about the individual. This enables the 

force to check against their records for any information which they reasonably believe to be relevant to the prescribed purpose for which the certificate is sought and ought to be disclosed. 

If an applicant is not satisfied with the information being disclosed, they may apply to the Independent Monitor for a review. Under the Act, the IM must review those cases where a person feels that the information disclosed by police within a Disclosure and Barring Service Enhanced Criminal Record Certificate is either not relevant to the purpose for which they are applying, or that it ought not to be disclosed.

The IM must produce an annual report for the Home Secretary about the performance of police forces in exercising their functions relating to disclosure. 

The IM may also make recommendations to the Home Secretary as to possible changes to law or guidance in this area. The latest IM annual report is available here.

The IM is supported by a small secretariat within the Home Office.

Role description

Job Title:  Independent Monitor for the Disclosure and Barring Service (DBS).

Commitment:  The expected time commitment is 150 days per annum.

Remuneration: £548 per day

Appointment:  Three-year appointment with the possibility of re-appointment subject to satisfactory appraisal.

Location:   This can be flexible, with occasional travel into Central London, National (including Northern Ireland) an international travel may also be required.

Reporting to:    Home Secretary

Purpose:

• The Disclosure and Barring Service (DBS) enables employers and voluntary organisations in England and Wales to make informed recruitment decisions using information from              police records and other sources. 

• The role of the Independent Monitor provides a fully independent element, separate to police and the DBS, to the arrangements providing for the inclusion of local police                           information on an Enhanced Criminal Record Certificate. 

• The functions of the Independent Monitor are important in ensuring that sensitive police information is disclosed appropriately and proportionately, striking the right balance                       between public protection and the rights of individual applicants.

The key responsibilities of the Independent Monitor are to:

• Review disputes as to the information provided by chief officers of police for disclosure on Enhanced Criminal Record Certificates.

• Review samples of cases where information from local police records has been included (or not included) on disclosure certificates or disclosed via the DBS Update Service, (an              online  subscription service that allows those in possession of a Standard or Enhanced Criminal Records Certificate to keep it up to date, enabling employers to check online).

• Produce an annual report to the Home Secretary (which is publicly available), making recommendations as appropriate to possible changes to law or guidance in this area.

• The Justice Act (Northern Ireland) 2015 extended the role of the Independent Monitor to include the review of disclosure disputes made in Northern Ireland. As part of the role, the             Independent  Monitor examines a sample of cases where local police information is provided for certificates issued by Access NI and cases where the police have such                             information  but decide that it ought not to be disclosed. 

• Review disputes from applicants regarding local police information included in Access NI certificates.

• Respond to challenge of Independent Monitor decisions, including should an individual seek a Judicial Review of an Independent Monitor decision. 

• Engage in stakeholder management to build and maintain relationships with the Police, Home Office officials and Ministers and the DBS.

Board composition

N/A

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

• A proven track record in a relevant field of making sound independent judgements which have been open to scrutiny and challenge.

• Proven experience of successfully analysing and evaluating complex, sensitive and challenging information.

• Evidence of being an able and clear communicator. Experienced in researching and producing informative, persuasive, and succinct reports.

• A proven track record of engaging successfully with others, building productive working relationships with a variety of partner organisations.

• A proven track record of managing operational casework in a complex environment and of making system improvements.

• A sound understanding of, and strong commitment to, equal opportunities, diversity, public service values and the Seven Principles of Public Life.

Application and selection process

How to apply

The closing date for applications is 23:00, 21 October 2024. 

Please submit the following 2 documents, clearly labelled. In order to apply, you will need to click on one of the links below, depending on if you have already set up an account on the new Cabinet Office Public Appointment website. 

1. A concise CV (maximum two sides A4, minimum 11 font) setting out your career history and including details of any professional qualifications. 

2. A short supporting statement (maximum two sides A4, minimum 11 font) giving evidence of the strength and depth of your ability to meet the essential criteria for the role. Please provide specific examples to demonstrate how you meet each of the experience, qualities and skill areas identified in the person specification. 

Please submit your application documents as 2 separate attachments and note that short-listed candidates will also be required to complete and return a separate form in relation to referees and nationality information. 

Please note the following:

• We cannot accept applications submitted after the closing date.

• Applications will be assessed solely on the documentation provided. Please refer to the advert and checklist to ensure you have provided the necessary documentation.

• Applications will be acknowledged upon receipt.

• Feedback will only be given to unsuccessful candidates following interview.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

It is advised that you read the Candidate Pack  on the criteria required for the role, before submitting your Personal Statement.  The Candidate Pack can be found in the section entitled Documents and Attachments. 

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

The panel will be chaired by Joanna West / Becky Wyse (Tackling Exploitation and Abuse Directors, Public Safety Group) and consist of Mark Goodfellow (Director of Safer Communities, Department of Justice, Northern Ireland)and Michael Fuller QPM as the Independent Member. 

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you have any queries about any aspect of this role, or merely wish to have an informal discussion about the work of the Independent Monitor, then please contact Nick Brown at NicholasDerek.Brown8@homeoffice.gov.uk in the first instance.

Security clearance

The successful candidate will be required to have or be willing to obtain security clearance to Security Clearance (SC) level. Pre-appointment checks will also be 

undertaken on immigration and criminal convictions. It usually takes between 4-6 weeks to obtain the security clearance. The role will be offered on a conditional basis until the successful candidate has passed all checks. The successful candidate will be encouraged to take up this appointment as soon as possible, subject to the successful completion of all pre-appointment checks.  Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘essential criteria', we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert. When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder.

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or ten years in any one post. 

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

• The role is remunerated at £548 per day. The post holder can claim reimbursement for reasonable travel and subsistence costs necessarily incurred during the course of their duties at         rates set centrally.

• Applicants should note that the successful candidate cannot be remunerated for this role if they are being paid for an existing full-time role from the public purse.

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the Home Office public appointments team in the first instance if you would like to make a complaint regarding your application at  publicappointments@homeoffice.gov.ukThey will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Home Office privacy notice attached as separate document.

Contact details

If you have any queries about the recruitment process for this role, please contact the Public Appointments Team at: publicappointments@homeoffice.gov.uk

If helpful to you, there is guidance available on writing a supporting statement on the public appointments webpages: https://www.gov.uk/guidance/public-appointments

Attachments

• Candidate Pack

• Home Office Privacy Notice