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
Re-checking existing staff
The Authority will check existing staff where required to do so, for example in the following circumstances:
- To maintain the registration requirements of regulatory or professional bodies such as Social Care Wales (SCW), Education Workforce Council (EWC) and Health and Care Professionals Council (HCPC)
- To meet the statutory regulations for regulated services
- When staff change their job role (see section 10)
- If there has been a change in the employee’s criminal record (see section 11).
Employees may be required to sign up to the DBS Update Service to enable appropriate re-checks to be made. (See Appendix 2: Letter for Staff joining the Update Service)
Individuals who have changed their name by marriage, civil partnership or deed poll will be required to undergo a new DBS check at the next re-checking date.
7.1 All staff who are subject to a DBS check
Employees are not required to disclose information about their criminal record unless asked to do so by their employer.
All staff in roles subject to a DBS Check will be requested to make a Self-Disclosure annually via MyView, at the same time as the annual Declaration of Gifts and Hospitality and Declaration of Interests is usually made in April. Managers must review the Declarations made by their staff and ensure that every member of the team has completed their Declarations.
Note: This facility is currently under development. (See Appendix 3: Self-Disclosure Form)
7.2 Staff who are registered with Social Care Wales
Those who work in posts which are required to be registered with Social Care Wales will be asked for an updated DBS disclosure in accordance with their re-registration requirements.
A list of posts for which registration is a requirement may be found in this link: What is registration? | Social Care Wales
Employees in roles which require re-checks may be expected to join and maintain a subscription with the DBS Update Service to allow for re-checks to be undertaken. The Council will not reimburse any costs associated with this.
For staff who work in the following Regulated Services:
- Care home services
- Domiciliary support services
- Secure accommodation services
- Residential family centre services
- Adult placement services
- Fostering services
If the individual is registered with the DBS update service, the service provider must check the person’s DBS certificate status at least annually.
If the individual is not registered with the DBS update service, the service provider must apply for a new DBS certificate within three years of the issue of the previous certificate.
7.3 Staff who are registered with Education Workforce Council
Posts which are required to be registered with Education Workforce Council may be found in this link: Applying for registration
The DBS provides the EWC with regular updates on barred individuals.
There is no legal requirement to re-check staff who work in regulated activity/settings including those who work in Schools unless there has been a break in service of more than 3 months.
The School Governing Body is advised to adopt this policy. In the absence of a locally adopted policy, the Council will apply this policy. If the School’s policy varies from this, they will be expected to pay any additional costs associated with it.
7.4 Staff who are registered with Health and Care Professions Council
Posts which are eligible to be registered with the HCPC may be found in this link: Are you eligible for registration? | HCPC
Those who work in posts which are required to be registered with the HCPC will be asked to renew their registration every two years which includes a personal declaration.
The personal declaration includes a statement that the person has not had any change relating to their good character (this includes any conviction or caution that they are required to disclose).
In addition, registrants are required to immediately self-refer to HCPC if a conviction has resulted in a significant change to their good character.
Further guidance from HCPC is provided at this link:
https://www.hcpc-uk.org/resources/guidance/guidance-on-health-and-character/