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
The Disclosure and Barring Service (DBS)
The DBS provides a facility for organisations to make safer recruitment decisions via a check against different types of information such as criminal and police records and information held on the barred list for children and adults.
Employers are allowed to ask for information in relation to a person’s history under the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 (as amended) in certain circumstances including where employees work in a regulated activity. Checks can only be requested where it is proportionate and relevant to the role or where it is required by statute.
The Council is a Registered Body with the DBS, and the People Services recruitment team provides a service for the appropriate check to be requested to the DBS in accordance with the scope of this Policy. To do so, the Council must comply with the DBS Code of Practice.
Under this Code of Practice, the Council must ensure that, before allowing a DBS check application to be submitted, they have assessed the role to be eligible under current legislation, correctly applied the right level of check, and correctly requested the appropriate barring list information.
The Council is a regulated activity provider. This brings obligations under the Safeguarding Vulnerable Groups Act 2006, including a legal duty to refer an individual to DBS when it is believed that a person has caused harm or poses a future risk of harm to children or adults at risk.
An employer is breaking the law if they knowingly employ someone in a regulated activity with a group from which they are barred from working. A barred person is breaking the law if they seek, offer or engage in regulated activity with a group from which they are barred from working.