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Institute writes to Baroness Vere on dual DBS Issue Published Date: 20/10/2022

The Institute of Licensing (IoL) has written to Baroness Vere to highlight the complexities faced by licensed drivers who undertake 'normal' taxi/PH work and school contracts.

In the letter, IoL President James Button, wrote:

"The requirements for a normal hackney carriage or private hire driver are that there is an enhanced Disclosure and Barring Service (DBS) check which includes a check of both the adult and children barred
lists. This check is undertaken using the terms “other workforce” and “taxi licensing” (see paragraph 6.2
of “Statutory Taxi & Private Hire Vehicle Standards” issued by the DfT in 2020).

"For a licensed driver undertaking home to school contracts, a different DBS check is required to comply
with the requirements of the Safeguarding Vulnerable Groups Act 2006. This Act defines such activity as
“regulated activity” (see section 5 and Schedule 4 paragraphs 1(1), 2(1)(f)) and 10(1)). This requires the check to be made using the term “child workforce”.

"This results in the peculiar situation that a hackney carriage or private hire driver who will also undertake school contracts must have two DBS checks, which is both an added expense and inconvenience."

The letter calls on Baroness Vere to press for a change to the 2006 Act "so that all hackney carriage and private hire drivers undertake regulated activity both when undertaking home to school contract work and when not. That would accord with the approach under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This would also reduce the burden on those drivers that undertake school contracts and make the position much easier for education and licensing authorities to understand."

Update: The Dft has subsequently advised that the correspondence of the 11 October, has been accepted as a transfer case by the Home Office as the issues raised fall within the responsibilities of that Department.