Role of DBS
The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).
DBS are responsible for:
• processing requests for criminal records checks
• deciding whether it is appropriate for a person to be placed on or removed from a barred list
• placing or removing people from the DBS children’s barred list and adults’ barred list for England, Wales and Northern Ireland
Criminal record checks
DBS search police records and, in relevant cases, barred list information, and then issue a DBS certificate to the applicant.
DBS recognise that information released on DBS certificates can be extremely sensitive and personal. Therefore a code of practice for recipients of criminal record information has been developed to ensure that any information they get is handled fairly and used properly.
A list of guidance documents about the DBS checking service is available on the DBS website.
There are 3 Levels of DBS checks:
1.Basic DBS Check
Contains details of any unspent convictions or conditional cautions the applicant has.
2.Standard DBS Check
Contains details of any spent or unspent convictions, cautions, reprimands or warnings the applicant has, as long as they’re not protected.
3.Enhanced DBS Check
Contains the same information as a standard check, as well as any relevant information held by the applicant’s local police force
Referrals
Referrals are made to DBS when an employer or organisation, eg a regulatory body, has concerns that a person has caused harm, or poses a future risk of harm to vulnerable groups, including children.
In these circumstances the employer must make a referral to the DBS, though this is not obligatory for regulatory bodies.
A list of guidance documents about DBS referrals is available on the DBS website.
Barring
DBS make fair, consistent and thorough barring decisions that are an appropriate response to the harm that has occurred, as well as the risk of harm posed.
DBS are keenly aware of the impact barring or not barring can have both to the person under consideration and also those with whom they have or could have come into contact. Often very difficult and finely balanced decisions have to be made.
There are three main ways cases go to DBS:
A. Autobars -There are 2 types of automatic barring cases where a person has been cautioned or convicted for a ‘relevant offence’:
1. automatic barring without representations offences will result in the person being placed in a barred list(s) by the DBS irrespective of whether they work in regulated activity (regulate by CQC)
2. automatic barring with representations offences may, subject to the consideration of representations and whether the DBS believes that the person has worked in regulated activity, is working in regulated activity or may in future work in regulated activity, this may also result in the person being placed on a DBS barred list(s)
B.Disclosure information
where a person has applied for a DBS certificate to work with children or vulnerable adults with a check of one or both barred lists and their certificate reveals they have a criminal history
c.Referrals from an organisation that has a legal duty or power to make referrals to DBS:
typically there is a duty, in certain circumstances, on employers to make a referral to the DBS when they have dismissed or removed an employee from working in regulated activity, following harm to a child or vulnerable adult or where there is a risk of harm
Test for regulated activity
A new test for regulated activity has been introduced which means the DBS can only bar a person from working within regulated activity with children or adults if DBS believe the person is or has been, or might in the future be, engaged in regulated activity.
The only exception to this is where a person is cautioned or convicted for a relevant (automatic barring) offence and is not eligible to submit representations against their inclusion in a barred list.
Additionally, where a person is cautioned or convicted of a relevant (automatic barring) offence with the right to make representations, the DBS will ask the person to submit their representations and consider them before making a final barring decision.
Who DBS work with
DBS work with the police, who provide information that is held locally or on the police national computer. When disclosing information held locally, the police follow the quality assurance framework developed by the Association of Chief Police Officers (ACPO) and the DBS.
DBS also work with:
• Department for Education – owns the safeguarding policy for children
• Department of Health – owns the safeguarding policy for vulnerable groups
• TATA Consultancy Services (TCS) – private sector partner that operates an administration infrastructure and call centre for our disclosure service
• registered bodies – organisations that have registered with the DBS checking service, and are the primary point of contact for:
1. checking disclosure applications and validating information provided by the applicant
2. establishing the identity of the applicant
3. submitting fully completed application forms
4. countersigning application forms to confirm entitlement
