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
SECTION 2: MANAGERS’ RESPONSIBILITIES
10. Recruiting into a post that may be eligible for a DBS check
You should use the following guidance in conjunction with the Safer Recruitment policy and the Recruitment of Ex-Offenders policy.
When you are recruiting to a vacant or new post, you should review / update the current Job Profile or write a new Job Profile.
The Job Profile should clearly state:
- The safeguarding requirements and responsibilities of the role, such as the extent of contact or responsibility for children and adults at risk.
- The individual’s responsibility for promoting and safeguarding the welfare of the children and adults at risk that they are responsible for or will come into contact with.
- The requirements needed to perform the role in relation to working with children and adults at risk.
- The competencies, values, and qualities that the successful candidate should be able to demonstrate.
- The type of DBS check that will be requested for the role (if any).
The Recruiting Manager and the Counter-Signatory are responsible for making sure the job role is eligible for the DBS check requested.
DBS Checks can only be requested after a conditional job offer is made.
Information supplied via the DBS checking process is confidential personal data and must not be relayed to anyone who is not entitled to see it. Any individual found to be in breach of this may be subject to disciplinary action.
DBS disclosures are required for all new (to the Council) employees, agency workers and volunteers who are appointed to work in a post which requires a DBS check before commencing employment. You should allow up to 4 weeks for a DBS check to be processed – build this into your recruitment plan to ensure that all checks can be completed before you require the employee to start.
New employee details will not be set up for HR and payroll purposes until all pre-employment checks, including DBS checks, are completed satisfactorily.
Therefore, where a post has been identified as requiring a DBS check, the employee must not commence work until that DBS certificate has been received and assessed by People Services and the Recruiting Manager.
If there are exceptional circumstances which you think may allow an employee, volunteer or agency worker to commence before DBS checks are completed, you should speak to your line manager and HR Business Partner BEFORE the employee commences. This may include where an employee will not be working with children or vulnerable adults immediately eg to attend off the job training or where the employee will not be working unsupervised until the DBS check is received. However, this is considered a last resort.
Failure to complete the appropriate checks may put your service users and colleagues at risk. Details of Recruiting Managers/Head Teachers who fail to comply with the DBS check requirements will be shared with the Corporate Safeguarding Group and a warning letter will be issued. Any further non-compliance will result in the Recruiting Manager/Head Teacher being asked to attend a formal meeting with the LADO and Director of Education and Childrens Services following which further steps including disciplinary action may be taken.
For details of the full pre-employment check requirements please refer to the Pre-employment checks section of the Recruitment intranet page.
If the prospective employee is registered with the DBS Update Service, the Recruiting Manager should check that they are able to produce the original DBS certificate and that the type of DBS check and the workforce stated on the certificate is valid for the job they have applied for.
Current Council employees who are offered a new post which requires a DBS disclosure must be checked if:
- They have not previously undergone a DBS check; OR
- They have undergone a check, but their DBS certificate is more than three years old; OR
- The DBS certificate is three years old or less but is not valid for the post for which they have applied OR
- They hold the appropriate DBS certificate but are moving to a post which is significantly different to their current post, e.g., driver to teaching assistant OR
- They have changed their name by marriage, civil partnership, or deed poll since their last DBS check.
Sensitive Applications
DBS offers a confidential checking service for transgender applicants which gives them the choice not to have any gender or name information disclosed on their DBS certificate that could reveal their previous gender identity. The applicant should contact the Sensitive Applications team on 0300 106 1452 or via email sensitive@dbs.gov.uk
Employing People from Overseas or Refugees in Social Care
The following web links provide useful guidance for managers recruiting staff from overseas or dealing with applications from refugees.
Employing people from Ukraine and refugees in social care: resource for providers
Overseas recruitment bite-size guide for social care providers in England
Applicants who have worked or resided overseas for six months or more in the previous five years (excluding members of UK armed forces and their families) will be advised to seek certificates at their own cost from the relevant countries in accordance with the relevant DBS Guidance.
Criminal records checks for overseas applicants