The new Disclosure and Barring Service, established under the Protection of Freedom Act 2012, is designed to be less bureaucratic and less intimidating than its predecessor while supporting employers in making safer recruitment decisions and preventing unsuitable people from working with vulnerable groups including children.
Why has the system of checks been changed?
In one of its first acts on taking power the coalition government blocked the plans to develop the proposed vetting and barring scheme because it was felt that the system was not fit for purpose, was too onerous and posed a great disincentive for people to volunteer to work with children
How does the new system differ?
The move to DBS reflects a scaling down of what is defined as ‘regulated activity’. Under the new system, regulation applies to around 5 million individuals, which is significantly less than the 9.3 million under the old regime. It now focuses on those working most closely and regularly with vulnerable groups. The new definition of regulated activity relating to children comprises:
1. Unsupervised activities; where individuals teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children.
2. Working for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. This does not include work by supervised volunteers. It should be noted that Work under 1. or 2. is deemed to be a regulated activity only if done regularly
3. Providing relevant personal care, for example washing or dressing; or health care by or supervised by a professional.
4. Registered childminding and foster carers.
My staff have all been CRB checked, do they now all need to be checked again?
No. The DBS is now gearing up to launch a new Update Service in the Spring which will mean that an existing certificate can be updated by DBS, and checked by employers online, precluding the need for multiple checks.
The Update Service will allow individuals to apply for a criminal record check once and re-use that certificate for a small subscription fee (free for volunteers). Once permission has been given by the employee, an employer will be able to go online, at any time, and identify if any new information has become available since an employee’s last DBS check.
The Update Service is not mandatory. It is up to an individual whether they want to subscribe to the online service.
No criminal information will be displayed, and it will only indicate whether the certificate provided to the employer is current or if new information exists. If the service indicates that there is further information, a new disclosure should be sought.
This new system, will allow an applicant's details to be updated so they can move between employers in the same sector without the need for multiple checks. This improvement to the service will benefit employers by reducing transactions, costs and bureaucracy.
What levels of checks are made now under the DBS?
There are three types of check. The employer, or organisation running the check, should provide the applicant with information about the level of check required:
• A standard check, for which the fee is £26, checks for spent and unspent convictions, cautions, reprimands and final warnings and will normally take about two weeks
• An Enhanced check, for which the fee is £44, covers the same areas as a standard check plus any additional information held locally by police forces that’s reasonably considered relevant to the post applied for. It will normally take about four weeks.
• The Enhanced check, with lists, is the most thorough and also costs £44. It covers all the areas of the Enhanced check as well as a check of the relevant DBS barred lists. It again takes about four weeks.
Who carries out a DBS check?
Employers who carry out more than a hundred checks a year can deal with their own applications if they register with the DBS, which costs £300, plus £5 for each additional ‘counter signatory’ (people within an organisation who are allowed to handle DBS applications).
Otherwise employers apply to an umbrella organisation, registered with the DBS, to carry out the checks for them. A data base of registered umbrella organisations is currently held on the Home Office website but on April 1 will be moved to www.gov.uk
If I sack someone for harming a child do I have to tell the DBS?
Yes. You are breaking the law if you do not inform the DBS. Employers must refer someone to the DBS if they:
• sacked them because they harmed a child
• sacked them because they might have harmed a child
• were planning to sack them for either of these reasons, but the person resigned first
For more information about DBS see www.homeoffice.gov.uk/dbs
