Disclosure Baring Service Information Session February 2015

Update service

The update service is not a mandatory requirement of an Enhanced Disclosure Baring Service check at present. However, all applications submitted to Ofsted on or after 1 September 2014 require everybody associated with the application to join the Disclosure and Barring Service (DBS) update service and give their consent to Ofsted re-checking the status of their DBS certificate at least every six months. Childminders, any family or household members associated to their registration and new providers (or registered people) will be required to register to the DBS update service. Ofsted will then check this every six months. Signing up to the update service must be done within 19 days of the DBS application. There is a currently a charge of £13 per year (no charge for volunteers). A setting does not need to ask staff to join the DBS update service; however they do need to meet the following Early Years Foundation Stage, Safeguarding and Welfare Requirements;

3.9

Providers must ensure that people looking after children are suitable to fulfil the requirements of their roles. Providers must have effective systems in place to ensure that practitioners, and any other person who is likely to have regular contact with children (including those living or working on the premises), are suitable.

3.11

Providers must tell staff that they are expected to disclose any convictions, cautions, court orders, reprimands and warnings that may affect their suitability to work with children (whether received before or during their employment at the setting). Providers must not allow people whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for.

The employer is given a unique reference number by the employee. As an employer always ask to see the employee’s DBS certificate as the update system will note if something has changed but will not give you the detail, you would need to request that your employee gets a new certificate to see the detail. The update service has cautions, convictions and reprimands added weekly to the update service but police intelligence is added every 9 months.

Planned Changes to the Disclosure Baring Service

Legal requirement to check an employee’s barred status prior to employment.

Barred List Check and Notification Service.

DBS Checks and recruitment

Regulated activity for children which require staff to have an Enhanced Disclosure Baring Service includes childcare provision. It is the Employer’s responsibility. Everyone on the Payroll should have one. Volunteers that are ‘regular’ (once a week, 4 or more times in 30 days or overnight).

DBS checks are only a small part of a safer recruitment a DBS doesn’t necessarily mean that someone is safe – the point was made that in the Elderly people’s home in Winterbourne all of those staff had a DBS and none of them were on the barred list.

A reference should be written followed by a phone call to ensure the reference is valid.

DBS checks do not say staff are safe to work with the vulnerable.

DBS Referral

An Early Years Providers are legally obliged to refer to the Baring Service when two conditions have been met:

One That permission to engage in regulated activity has been withdrawn:

  • Dismissed
  • Redeployment
  • Retired/Redundant
  • Resigned

Two Referring party thinks that the person has either;

  • Engaged in relevant conduct or (risk of harm)
  • Satisfied the harm test or
  • Received a caution for, or been convicted of a relevant offence

This legal duty means that these referrals must be made by the Childcare Provider even if they have been made by the LADO.

For most cases the DBS only has the power to bar a person who is, has been or might in future engage in regulated activity.

The DBS has no investigating powers as these are done by the LADO, Police and setting. The referral process must be done after an investigation not on staff suspension. There will be an initial case assessment, then further information will be required.

  • A referral form would need to be completed
  • The staff member’s application form which must be clear and include National Insurance Number.
  • Inductions/Appraisals/Supervision records
  • Training records
  • Any information from the victim
  • Local Authority Safeguarding minutes (with police and any other agencies involved)
  • Witness statements signed and dated
  • Each allegation whilst in setting (which can be redacted with a key)
  • Historical referrals can be made

What happens next

  • The information will be shared with the person if the baring service, are minded to bar.
  • In normal cases you would not know if a member of staff was barred or not.
  • The person has 8 weeks and 2 days having received letter ‘minded to bar’ to represent themselves which can include their additional information, documents, etc
  • When decision has been made they are told that they cannot seek work in regulated activity. It would be illegal for them to do so.
  • A review of being on the barred list can be requested (but doesn’t have to be acted on). It would need a lot of evidence just to be looked at.
  • There is an independent monitor if information on a Disclosure Baring Service certificate appears incorrect.

Further information - Baring (for referrals and advice on referrals)

Helpline: 01325 953795

Email:

Further information – Disclosure

Customer Services: 0870 90 90 811Email:

DBS helpline: 03000 200 190