Wolverhampton Council Win Taxi and Private Hire Drivers DBS Refunds
The Statutory Taxi and Private Hire Vehicle Standards have changed the way licensing authorities carry out criminality checks. Under the new guidance, drivers should sign up for the DBS Update Service. This allows licensing authorities to criminal record checks every 6 months, rather than just at the point of licensing.
For most drivers, this hasn’t been a problem. But due to rules that came into effect last year, some drivers have been unable to register.
What's changed?
Late 2020 saw the rules around what is shown on a DBS Certificate change. These rules are commonly referred to as ‘filtering’ rules. Filtering is when information that isn’t relevant anymore will be excluded from the DBS Certificate when it is issued.
The changes to filtering rules means that a lot of things that used to be disclosed are no longer included on a DBS Certificate. Youth reprimands, warnings, or cautions are no longer disclosed. Convictions are also no longer disclosed automatically based solely on the fact there is more than one conviction on a record. Each conviction is now assessed on its relevance to the job role in question.
Whilst this is good news for some, it has problems. At the moment, the DBS’s system cannot automatically generate certificates where the new filtering rules apply. Certificates with information that needs to be filtered must be raised manually.
Manual DBS Certificates and the Update Service
The problem for drivers is that manually issued DBS Certificates can’t be registered to the DBS Update Service. But the new statutory standards mean that they are still obligated to undergo criminality checks every 6 months.
Understandably, this has caused a lot of anger in the affected group. Some drivers are having to complete new DBS Checks every 6-months at their own expense. An unfair financial burden.
An Update Service subscription costs £13 a year. Including the cost of the DBS Check itself, a driver can expect to pay between £77 - £100, over the course of a three-year licence period. But as long as the subscription continues to be paid, in theory, drivers will never need to have a new DBS Check carried out.
Drivers with manual certificates have been forced to pay for a DBS Check (£38 + Admin) every 6 months. Over three years, these drivers will be forced to pay a minimum of around £280 for fresh DBS Checks.
Thankfully, things are about to change. Due to lobbying from Wolverhampton Council, the affected drivers can now recoup their expenses.
Changes are incoming
Councillor Phil Page, from Wolverhampton Council, has secured refunds for drivers who are issued with manual certificates. In a letter to Home Secretary and the DBS, Councillor Page highlighted the significant and unfair financial burden faced by drivers.
The DBS responded, confirming that refunds were going to be made available for these drivers. Eric Robinson, CEO of the DBS, advised Councillor Page:
“I am pleased to inform you that DBS has recently agreed to refund the DBS fee for those hackney carriage and private hire drivers that receive manual certificates going forward, ensuring that those drivers are not out of pocket as a result of the requirement to obtain checks every 6 months.
“To summarise, this will enable licensing authorities to submit new DBS applications every 6 months as per the Statutory Taxi & Private Hire Vehicle Standards for those drivers unable to join the Update Service. DBS will process the new application as normal, but will refund the application fee (not the Registered Bodies administration fee) upon request where a manual certificate is issued.
“This approach will meet the requirements of the Department for Transport guidance and DBS is currently engaging directly with the taxi sector and relevant Registered Bodies on this matter, with the Home Office stakeholder group engaging directly with the Department for Transport.
“In the meantime, I can assure you that DBS continues to work on a full resolution to the current system limitations so that the requirement to issue manual certificates for filtering purposes will cease. We currently expect the resolution to be in place by quarter 3 of 2023”.
Councillor Page, welcomed the news:
“In a time where there cost of living is rising, this is extremely welcome news that will benefit hackney carriage and private hire drivers across the entire country.
“There is a shortage of licensed drivers available to safely transport people, particularly those contributing to the night-time economy, and the trade does not need any more barriers to entry.
“This is a fantastic result and I will continue to work tirelessly to help support the private hire trade”.
Considering the financial impact of the past two years, this news will be a massive relief for those drivers who have been affected. If you’re a driver who has been issued a manual certificate and want more information, you should contact your licensing authority or the DBS directly on 0300 0200 190.