Disclosure and Barring Service checks and self-disclosures - Guidance for managers April 2024
In this section
- SECTION 2: MANAGERS’ RESPONSIBILITIES
- What to do if a conviction is disclosed which may affect the person’s suitability for the post
- Dealing with a situation where you have safeguarding concerns
- Making a referral to the Disclosure and Barring Service and other Agencies
- Appendix 1: Establishing DBS Eligibility Form
- Appendix 2: Letter to be sent to employees registered with DBS update service
- Appendix 3: Self-Disclosure Form
- Appendix 4: Disclosure Risk Assessment Form
- Appendix 5: Safeguarding Referral Record
DBS checks for non-employees
8.1. Social Work students and student Teachers on placement
Student teachers and Social work students should be checked by their University. Schools should seek written confirmation that checks have been carried out and by whom. Schools should then check the identity of the student on their arrival.
8.2. Agency or supply staff
The Agency is the employer of the workers it provides. It must therefore carry out the same level of checks as required by this Policy and the post assessment. Service managers must ensure that the Agency provides written confirmation that DBS and all other pre-employment checks have been undertaken before the worker commences their placement. Managers should also arrange to see the original DBS certificate on the first day the Agency worker commences work.
8.3. Contractors
The organisation providing the service/contractors is the employer. It must therefore ensure that the appropriate DBS and pre-employment checks are undertaken. Contractors are required to comply with this Policy and this should be provided during the procurement process. Separate guidance is available from the Procurement Team.
Note: The Passenger Transport Service coordinates DBS checks for its contractors.
8.4. Volunteers
The DBS define a volunteer as ‘a person who performs any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives.’
The DBS does not charge for providing disclosures for volunteers but before submitting a request for a volunteer, you must be satisfied that they will not:
- benefit financially from the position for which the application is being submitted
- receive any payment (except for travel and other approved out-of-pocket expenses)
- be on a work placement
- be in a trainee position or undertaking a course of study that will lead to a full-time role/qualification
- be a paid foster carer or a member of a foster care household
If your service contracts with other organisations who use volunteers then those organisations must follow this Policy /Guidance.
8.5. Elected Members
There is no general requirement for Elected Members to be DBS checked.
Elected members are eligible for an enhanced DBS check without a barred list check in the child and/or adult workforce if they are appointed as a member of a committee or sub-committee involved in:
- the delivery of services for children relating to education or social services;
- the delivery of services for adults relating to social services.
If the councillor is an appointed member of one of these types of committees, the ‘Position Applied For’ field on a DBS application form would need to reflect this committee role, rather than indicate that the applicant is an elected councillor.
8.6. Committee and Sub-committee Members
Other individuals appointed as local authority committee and sub-committee members can be eligible to apply for an enhanced level DBS check without barred list in the child and/or adult workforce, if they are appointed as a member of a committee or sub-committee involved in:
- the delivery of services for children relating to education or social services;
- the delivery of services for adults relating to social services.
If the individual is an appointed member of one of these types of committees, the ‘Position Applied For’ field on a DBS application form would need to reflect this committee role, rather than their job role.
8.7. School Governors (including Clerks to Governing Bodies and co-opted committee members)
Anyone holding any of the positions above is eligible to be asked to apply for an enhanced level DBS check without barred list in the child workforce.
This was an amendment made in 2013 to the Police Act 1997 (Criminal Records) Regulations 2002, following changes to the definition of regulated activity by the Protection of Freedoms Act 2012, result in in these roles being no longer eligible for a barred list check.
A Guide to School Governor and Elected Councillor Roles in Wales
Schools must decide whether their Governors should be asked to apply for a DBS check dependent upon their role. The School must cover any costs associated with these checks although most should be free of charge as this is a voluntary role.