HR Policy and Guidance Disclosure and Barring Service Policy

HR Policy and GuidanceDisclosure and Barring Service Policy

Quick Glance

Who does this policy apply to?

What is a Disclosure and Barring Service (DBS) check?

What is the definition of a regulated activity if you work with children?

What establishments are covered under the definition of regulated activity for children?

What is the definition of supervision?

What is the definition of regular for regulated activity for children?

When will the school apply for an enhanced DBS check?

Is there a minimum age for when an individual can be eligible for a DBS disclosure?

Who decides if a post requires a DBS?

How do I get a DBS check?

When would I need a new DBS check?

I work at a school and have an ER200 and a List 99 check; do I need a DBS check?

Will spent convictions appear on a DBS check?

Will I get a copy of the DBS check?

Can I start working without a DBS check?

Can I use a DBS disclosure from my previous employer?

I am an agency worker/seconded from another organisation – do I need a new DBS check?

Will the employment agency provide the school with a copy of my DBS check?

I am a consultant engaged to undertake a piece of work for the school– do I need a new DBS check?

Will I require an additional check if I was born abroad, travelled extensively or lived overseas?

What happens if my DBS check reveals any convictions or additional information?

What is the DBS Panel?

What happens to the DBS disclosures received by the council?

What happens if the ISA bar me from working with children or adults?

I am a school governor; do I need a DBS check?

Are cleaners, caretakers and school administrators still subject to a DBS check?

I am a volunteer in a school; will I be eligible for a DBS check?

How is the term volunteer defined?

Will the head teacher keep a copy of the recruitment documentation I have checked?

I am visiting a school; do I need a DBS check?

Will I be asked for photographic ID when I visit a school?

Will the school receive a copy of my DBS Disclosure?

Can the head teacher take a copy of a DBS Disclosure I have provided?

I am a supply teacher; will the school undertake recruitment checks including a DBS Disclosure?

I am an examination invigilator; do I have to have a DBS check?

I am a professional worker (social workers, Educational Psychologist) visiting a school for work purposes, do I need a DBS check?

I have been dismissed from my job working with children and young people; does my employer have to inform the ISA?

Who does this policy apply to? / All employees working with children and who undertake a regulated activity.
In the context of this policy ‘working’ includes volunteers as well as paid employees. Volunteers will be eligible for a DBS check with a barred check where a regulated activity is undertaken which is unsupervised.
DBS checks are requested as part of an organisation’s recruitment process – individuals and self employed can not directly apply to the DBS.
What is a Disclosure and Barring Service (DBS) check? / Previously known as a CRB (Criminal Records Bureau) check, a DBS (Disclosure and Barring Service) check is a record of an individual's unprotected Convictions, Cautions, Reprimands and Warnings and can also include intelligence held by the police and/or the DBS that relates to that individual and their suitability for a job position
There are currently three levels of Disclosure. These are as follows:-
Standard This checks for spent and unspent convictions, cautions, reprimands and final warnings.
Enhanced This includes the same as the standard check plus any additional information held by local police that’s reasonably considered relevant to the workforce being applied for (adult, child or ‘other’ workforce).
Enhanced with list checks This is like the enhanced check, but includes a check of the DBS barred lists. There are 2 DBS ‘barred lists’ (previously called ISA barred lists) of individuals who are unsuitable for working with children and/or adults
People on the barred lists can’t do certain types of work and It’s against the law for employers to employ someone or allow them to volunteer for this kind of work if they know they’re on one of the barred lists.
The level of check is dependent on the nature of the role and guidance found on the DBS website
An employee is eligible for a DBS check with barred list check if theymeet the definition of regulated activity for children.
What is the definition of a regulated activity if you work with children? / Employees are eligible for a DBS Disclosure with a barred list check if they are regularly:-

Responsible, for teaching, training, instructing, caring for or supervising children if the person is unsupervised ; or.
Providing advice and guidance on wellbeing or driving a vehicle only for children or
Working in a specified place (which includes schools) with the opportunity for contact with children (this does not include work done by supervised volunteers)

OR if they will ever

Carry out relevant personal care (e.g. helping a child for reasons of age, illness or disability eating, drinking, washing, toileting, bathing and dressing), or health care for children provided by or provided under the supervision of a health care professional

What establishments are covered under the definition of regulated activity for children? / An activity is considered a regulated activity if it is carried out in one of the following establishments and is undertaken regularly (see definition of regular below):-

Schools.
Sixth form colleges which is wholly or mainly for under 18 year olds.
Gloucester hospital education centre
Nursery schools
Institutions for the detention of children
Children’s centres
Child care premises
Children’s residential

Employees are not eligible to apply for a DBS check unless working in one of the establishments which fall under the definition of regulated
What is the definition of supervision? / The regulations say that supervision must be reasonable and should give managers the flexibility to determine what is reasonable in the circumstances. The precise nature of supervision will vary from case to case. However, supervision must be:-

regular (on-going);
day-to-day;
reasonable in all circumstances for the purpose of protecting the children concerned;
carried out by anindividual who is engaging in regulated activity relating to children and has a DBS disclosure with barred list check.

When considering what level of supervision is reasonable, we will consider the following:-

the age of the children concerned;
the number of children an individual is working with;
whether or not there are other workers around;
the nature of the work and opportunity for contact with children;
the vulnerability of the children;
the experience of, and the checks that have been carried out;
the number of people being supervised.

What is the definition of regular for regulated activity for children? / The definition of regular activity is where a regulated activity is undertaken by the same individual as follows:-

work undertaken on three or more days in a 30 day period;
work undertaken at least once, overnight and with the opportunity for face-to-face contact with children.

When will the school apply for an enhanced DBS check? / standard checks – To be eligible for a standard level DBS certificate, the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.
 enhanced checks – To be eligible for an enhanced level DBS certificate, the position must be included in both the ROA Exceptions Order and in the Police Act 1997 (Criminal Records) regulations.
 enhanced checks with children’s and/or adults’ barred list check(s) – To be eligible to request a check of the children’s or adults’ barred lists, the position must be eligible for an enhanced level DBS certificate as above and be specifically listed in the Police Act 1997 (Criminal Records) regulations as able to check the appropriate barred list(s).
You can access the various Police Act 1997 (Criminal Records) regulations by searching for them on Legislation.gov.uk. This will not provide a list of job roles – such a list does not exist. Instead each regulation can be opened to identify what roles, duties or activities have been included from the date that the regulation was brought in. It is important to note that the regulations can also remove roles, duties or activities.
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Is there a minimum age for when an individual can be eligible for a DBS disclosure? / Yes, you are not eligible for a DBS disclosure if you are under the age of 16.
Who decides if a post requires a DBS? / The Safeguarding Vulnerable Groups Act, 2006, The Protection of Freedoms Act 2012, and the Rehabilitation of Offenders (Exceptions) Order 1975,
and the Police Act 1997 (Criminal Records) regulations. set out when a post requires a DBS. The school will decide if the post meets the requirements for a DBS check.
How is a DBS check obtained?
Do DBS checks run out? / If the school buys the GCC service, the Business Service Centre (BSC) DBSteam manage DBS checks. If the post requires a check, the school sends a form to the successful applicant.. Full information about the application process is available from the council’s website
A DBS check has no official expiry date. However any information included will be accurate at the time the check was carried out and the school may decide that a new check is needed in some circumstances e.g.
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When there is a break in service of three months or more from work in a regulated activity

An employee moves to a job that has more direct access with children or a greater responsibility for safeguarding children
If an employee’s actions or activities give cause for concern.

If an employee or applicant is registered with the update service this can be used to keep a certificate up to date or carry out checks on a potential employee’s certificate
I work at a school and have an ER200 and a List 99 check; do I need a DBS check? / All school based employees are required to have a DBS check. However, if you have been continuously employed in the same role before 2002 and have an ER200 and List 99 check, you do not need a DBS check unless you change roles. The school will need documentary evidence of these checks recorded on the single central school record.
Will spent convictions appear on a DBS check? / Yes. The DBS check will show all convictions, cautions, reprimands or warnings – spent or unspent.that are not “protected” as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)
Who receives the DBS disclosure? / The DBS will only send a copy of the certificate to applicant; the registered body will no longer receive a copy of the certificate.
Can the employee start working withoutDBS check? / The DBS check forms one part of a wider safer recruitment process and employees would not normally be able to start in apost without a completed check. However, the school can agree to the employeestarting without a DBS disclosure if:-

all other recruitment checks have been satisfactorily completed
theyhave completed a new DBS application form
they have had a children’s barred list check which shows you are not barred from working with children

theyare appropriately supervised. The amount of supervision required is dependent on the employee’s history, experience, responsibilities and the nature of their duties

Any employeeallowed to start in a new job, will be subject to a satisfactory DBS check.
Isa DBS disclosure from a previous employer acceptable? / You can use a DBS disclosure undertaken by a previous employer if:-

the DBS disclosure was carried out for the same role the school is offering; and,

the DBS disclosure is not more than six months old; and,

there is no break in service of three months or more; and,

to the employee providesthe schoolwith details of theprevious disclosure.

thecheck is dated after the 17th June 2013,the employee has registered with the DBS Update Service and the school is offering a similar role.

Do agency worker/seconded from another organisation –need a new DBScheck? / All agency workers and seconded employees would be subject to the same checks as if they were directly employedemployees.
Will the employment agency provide the school with a copy of the DBS check? / The school does not need to see a copy of the DBS check but they do need written confirmation from the employment agency that there is a cleared DBS Disclosure. This should include the date the disclosure was issued and the serial number of the disclosure document.
If the school engages a consultant to undertake a piece of work for the school– do theyneed a new DBS check? / Self employed cannot apply for a DBS check unless it is through a registered body. However, as the school has engaged the consultant and if a DBS check is required, the school can apply for a DBS check.
Alternatively, if the consultant is registered with an employment agency, the agency can arrange to process your DBS check.
Will employees who wereborn abroad, travelled extensively or lived overseas require an additional check? / They must undergo the same checks as for all other employees. This includes a DBS Disclosure and children’s barred list check. In addition, the school must make such further checks as they consider appropriate. e.g. additional references from employers overseas.
What happens if my DBS check reveals any convictions or additional information? / The schoolcomplies fully with the DBS Code of Practice and undertakes to treat all candidates for posts fairly. Wewill not discriminate unfairly against any candidate subject to a Disclosure based on conviction or other information revealed.
The school is committed to the fair treatment of its employees, potential employees or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
NOTE: The following paras only apply to those schools who buy the DBS service from GCC. Other schools will have their own arrangements for clearing DBS certificates.Set out below is a Policy Statement on the Recruitment of Ex Offenders.
If we receive an unclearDBS disclosure this will be referred to the GCC DBS panel.
What is the DBS Panel? / A DBS disclosure which contains any convictions, cautions, reprimands and warnings held on the police national computer or information held on the barred lists will be referred to the GCC DBS Panel.
The role of the DBS Panel is to consider the information based on a set of criteria and decide whether you can be cleared in the post you have been offered. The criteria is as follows

How relevant the offences are to the tasks that the applicant will be required to perform.
The age of the applicant at the time of the offence or offences.
The age of the offence/ conviction.
The type of conviction.
The number of offences – was the offence a one off or part of a history of re-offending.
The seriousness of the offence and its relevance to safety of other employees and service users.
Whether the offence has since been decriminalised by Parliament.
Whether the applicants circumstances have changed since the offences were committed.
The degree of remorse, or otherwise, expressed by the applicant.
Notes from panel – previous decisions made where similar offences or working with particular service user groups informed the decision.

If the panel are unable to make a decision based solely on the information in the disclosure then further information is sought from the applicant and, if necessary the recruiting manager and the police.
If the panel do not clear a disclosure, the applicant will be advised and will have the right to appeal. This is usually in the form of a letter, but, in exceptional circumstances, the applicant can seek to appeal to the panel direct.
What happens to the DBS disclosures received by the council? / The DBS set very strict standards for handling such sensitive information and the council complies with this Code of Practice. Full information about the handling of this information can be found on the DBS website.
What happens if the Disclosure and Barring Service barsa personfrom working with children or adults? / The barred personcannot continue to work directly in a regulated activity if barred by the DBS. and the applicantwould need to removed from that postand an assessment made whether or not there is an opportunity to redeploy.
It would be a criminal offence for the school to continue to employ someone in a post working with children or adults. It is also a criminal offence for someone who is barred to apply to work with children or adults.
Do school governors; need a DBS check? / No, unless they meet the definition of regulated activity. However, the school has the discretion to apply for an enhanced DBS check without barred list check, as the position meets the old definition of regulated activity.
Governors at independent schools or academies do require an enhanced DBS check. This is part of the Education (Independent School Standards) (England) Regulations 2010.
Are cleaners, caretakers and school administrators still subject to a DBS check? / Yes, all employees on the school’s payroll will fall under the definition of regulated activity.
Will volunteers in a school; be eligible for a DBS check? / Volunteers will not be considered to be in a regulated activity if they are supervised to the appropriate level.
However, unsupervised and they meet the definition of regulated activity, they will be eligible for a DBS check with the barred list check. If unsupervised and the work meets the old definition of regulated activity the school may decide to apply for an enhanced DBS check without the barred list check but they do not have to.
How is the term volunteer defined? / The term is defined in the Police Act 1997 (Criminal Records) Regulations 2002, as ‘any individual engaged in an activity which involves spending time, unpaid (except for travel and other approved out of pocket expenses), doing something which aims to benefit some third party and not a close relative. Genuine volunteers are still entitled to a free of charge DBS disclosure.