Navigating BPSS Vetting Changes

In Episode 2 of EBC Global’s Webinar Series, we provided a comprehensive breakdown of the June 2024 BPSS Vetting Changes. This blog post dives deeper into the key updates discussed during the webinar, offering a clear, step-by-step analysis of how these changes impact your organisation’s vetting processes.

Did you miss the webinar? No worries! You can watch it here to get the full picture.

What is BPSS?

The Baseline Personnel Security Standard (BPSS) is essential for ensuring that organisations hire individuals with the right to work and uphold the honesty and integrity needed to work in government settings. Established as a foundational layer for higher-level security vetting, BPSS is now widely used across both public and private sectors.

Key Points to Know:

• Introduced: As a replacement for Basic Checks in 2006.

• First Published: 2014, with the latest update in May 2018.

• Purpose: To protect organisations from reputational damage, combat ID fraud, prevent illegal working, and detect CV misrepresentations.

• Adoption: Mandatory as baseline vetting for all staff and contractors across the UK public sector, and its supply chain.

BPSS Vetting Requirements: The RICE Framework

An easy way to remember BPSS requirements is through the mnemonic RICE:

• Right to Work

• Identity Verification

• Criminal Records

• Employment Verification

Each component plays a critical role in the vetting process and is designed to ensure that only trusted individuals gain access to sensitive government information.

Detailed Breakdown of ID and Right To Work (RTW) Checks

When using IDVT (Identity Document Validation Technology) or share codes to verify identity, organizations must ensure that the photograph and biographic details match the individual presenting for work.

ID Verification Process

• Digital IDVT Checks: Now fully accepted as a valid method for identity verification.

• Manual Document Checks: Strict guidelines apply if digital checks aren’t used.

• If manual verification is required, a countersigned passport photo and a signatory statement must be obtained when guidelines cannot be met.

• Proof of Address: Evidence of a current/permanent address is mandatory. Accepted documents include:

• Driver’s license, HMRC or DWP letters, Council Tax bills, utility bills, or financial statements.

• Online statements are now accepted as valid proof.

Right to Work (RTW) Options

There are now three acceptable methods for verifying RTW:

• Physical Document Check: Traditional face-to-face verification using eligible physical documents.

• Digital Checking Service: For British or Irish citizens with valid in-date passports.

• Share Code: For non-British or non-Irish citizens, the share code can be used for online verification.

Criminal Record Checks and Employment Verification

Criminal Records For BPSS

Mandatory Criminal Record Checks: Now required for all employees.

• Typically, a Basic check is needed unless the individual is eligible for a Standard or Enhanced check.

• When assessing criminal records, organizations need to determine:

• If the offence raises concerns about the individual’s reputation or the organisation’s integrity.

• Whether the offence is relevant and could impact the individual’s ability to perform the job.

Employment/Referencing For BPSS (min. 3 years)

Employment gaps or periods of 6+ months must be accounted for with proper evidence.

• HMRC PAYE records are now acceptable as proof of employment, serving as an alternative to traditional references.

• Self-Employment Verification: This can be confirmed through HMRC records, accountants, bankers, or trade references.

The goal of these checks is to:

• Minimise fraud risk, review any significant gaps in employment and identify potential conflicts of interest.

• Ensure at least 3 years of employment or academic history is verified for each individual.

BPSS Components – Additional Considerations

International Criminal Checks

• Character references are no longer accepted for international gaps.

• Criminal record checks must be obtained from overseas police or justice ministries for individuals with time spent abroad.

Identity and UK Right to Work (RTW) Checks

• ID and RTW checks must be completed before initiating National Security Vetting (NSV).

• Documentation must be retained for the duration of employment and two years after employment ends.

Internal Fraud Hub Check (UK Government Only)

• Public Sector Fraud Authority (PSFA) database checks are mandatory for eligible appointments within the UK Government.

• Individuals, especially civil servants, with a history of fraud against the UK Government are blacklisted for 5 years.

BPSS Implementation and Compliance

Compliance In BPSS

• The vetting process must comply with the Data Protection Act 2018 (DPA 18) to ensure data protection and privacy.

• Vetting should not be used to screen or eliminate candidates before an employment offer is made.

• Full BPSS vetting must be completed within 3 months of starting employment.

• Previously issued DBS/DS certificates can be accepted, provided that they are less than 90 days old.

• BPSS elements may be rechecked in cases such as:

• Transferring to another organisation.

• Returning to work after a gap year.

• Limited “leave to remain” in the UK.

• Change in personal details such as name or address.

• Additional checks must be proportionate and lawful.

Collaboration Within BPSS

• Effective BPSS implementation requires close collaboration between HR, Security, Legal, and Compliance teams.

• Security teams should assess criminal record check results, particularly when BPSS is handled by HR.

Outsourcing BPSS Vetting

• The entire BPSS vetting process can be outsourced, as long as a thorough risk assessment exists.

Common Challenges and Solutions In BPSS Vetting

Employment History and Referencing

• Flexibility is key: Whether possible, use technology, but gather evidence when needed.

• References are becoming less reliable, as some sectors only confirm job titles. Therefore, instant employment verification technologies will be a game-changer for recruitment and onboarding.

Address Verification

• Don’t overlook address verification! After all, It’s a crucial part of BPSS and often a compliance pitfall. So, is your current process robust enough, or do changes need to be made?

ID & Right to Work Checks

• If you haven’t gone digital yet, then why not? In fact, digital checks offer huge benefits, with about 80% of candidates being processed quickly and successfully, therefore reducing the need for face-to-face checks for 4 out of 5 candidates.

International Criminal Record Checks

• If you’re still relying on character references for international vetting, it’s time to update your process. Whether you obtain police certificates directly from the source or via a third party, or you ask candidates to self-serve, this is now mandatory for anyone who’s lived abroad for 6+ months in the past 3 years.

Summary of BPSS June 2024 Standard

Key BPSS updates include:

• Enabling digital ID and RTW checks through certified IDSP solutions.

• Promoting the use of HMRC PAYE records for employment verification.

• Requiring evidence for cumulative or continuous gaps of 6+ months.

• Initiating new DBS/DS checks unless certificates are within 90 days of issuance.

• Discontinuing character references for time spent overseas.

• Mandatory international criminal record checks for anyone spending 6+ months overseas within 3 years.

Tips and Best Practices For BPSS Vetting

Have a Clear HR Policy for Employment Screening

• Ensure consistency, avoid discrimination, and support effective hiring decisions.

Embrace Digital Identity and Right-to-Work Checks

• Improve efficiency, detect fake documents, enhance the candidate experience, and get immediate results.

Transform Employment and Activity Verification Checks

• Embrace technology, such as HMRC Instant Employment History Verifications and e-referencing.

• Consider additional verification and assurance checks when appropriate.

For best practice, consider adding role-specific background checks:

• Social media screening
• Credit checks
• DVLA license verification
• International sanctions screening
• Directorship or conflict of interest checks

What’s Next?

In our final segment, we hinted at exciting upcoming webinars in the series. Mark your calendars for the next episode:

Understanding BS7858 Security Screening: What You Need to Know

🗓️ Date: 10th October 2024

⏰ Time: 11:00 AM (UK Time)

Stay tuned for registration details via email and our social channels.

Don’t miss out — follow us on LinkedIn and subscribe to our mailing list for the latest updates as we continue enhancing our platform’s capabilities.

Chat with the Team!

Have questions? Need personalised guidance? Our team is here to help! Whether you’re navigating the latest BPSS updates or want to explore how our platform can simplify your screening processes, we’re just a message away.

Reach out via email or schedule a one-on-one call with one of our experts. We’re passionate about helping you stay compliant, efficient, and ahead of the curve!

Q&A

Q: Do international criminal checks apply to addresses from the last five years?

A: The current guidance specifies that international criminal checks are required for addresses within the last three years, not five. So, you only need to review the past three years of address history.

However, as a best practice, if you identify that someone has lived outside the UK in the last five years when establishing address history for criminal records checks, we recommend you conduct the international check for that period as well. It’s a “belt and braces” approach.  Wherever you can go the extra mile to add value and identify risk, it’s certainly worth careful consideration.

Q: Is Post Office verified Right to Work (RTW) acceptable?

A: Yes, it is. The Post Office uses a verified IDSP (Identity Service Provider), so it fully meets the right-to-work requirements. It’s a reliable method, using advanced technology to ensure compliance.

Q: When will HMRC (Employment Verification) checks be available via EBC?

A: We’re currently working on an integration with HMRC, which will allow our system to pull HMRC employment records, with the candidate’s consent. This feature will significantly simplify the employment verification process.

We’re aiming for a Q4 release, which will be a game-changer for those choosing the HMRC route. Moreover, If you’re not already a customer and are interested in this feature, then feel free to reach out—we’d be happy to chat!