The Effects Of Brexit On Safeguarding
Now that Brexit has gone ahead, there are many question marks as to how it’s going to affect UK law.
Previously, the UK has been guided by EU legislation and regulations on things like safeguarding and criminal record searches. Will there be changes to recruitment practices and safeguarding due to Brexit?
Also, how will EU nationals be affected when coming to work in the UK – will it make the sharing of criminal records across borders more difficult now that Britain is no longer a member of the EU?
Let’s dig a little deeper and look at what Brexit is likely to mean for safeguarding and the future of safe recruitment in the UK.
Safeguarding Explained
We’ll start with a brief definition of what safeguarding is and why it is a very important issue for governments, and society in general.
In the UK, safeguarding refers to the practice of protecting vulnerable adults and children from harm and exploitation when in the care of others or in a workplace.
Keeping vulnerable groups safe should obviously be a high priority for any civilised society, which is why there is robust legislation in place in the UK. Up until now, UK laws have been based on the EU legislation, but now they are open to change since Britain’s withdrawal from the European Union.
EU Safeguarding Legislation
The EU enacted legislation to protect children from sexual and physical abuse, online abuse, and child trafficking. The EU also uses entities such as Europol and Eurojust to help track criminals across borders, coordinate with law enforcement agencies in different member states, and flag up individuals that present a risk to vulnerable people.
Since leaving the EU, the United Kingdom has lost full access to the SIS (Schengen Information System), which is used to share information for cross-border security, law enforcement, and border control. The UK still has access to it, but only on a limited basis, although the UK government is currently trying to strike a deal to regain full access.
The Treaty on European Union (TEU) Article 3(3) is a piece of legislation that guarantees the rights of children, similar to the United Nations Convention on the Rights of Children (UNCRC). Now that the UK has left the EU, this no longer applies and UK domestic law is applied instead. The government plans to enshrine similar legislation.
How This Affects DBS Checks
The UK government says it is committed to keeping safeguarding measures in place and it’s unlikely that much will change. Any deviation from the EU guidance won’t play well with voters and most people see the need for protection of vulnerable groups, so for that reason it seems that safeguarding measures such as DBS checks will remain in place for the foreseeable future.
To find out more about DBS checks and how to apply for them online, contact us today.
