The Disclosure and Barring Service (DBS)

On 1 December 2012 the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service (DBS).

The primary role of the Disclosure and Barring Service (DBS) is to help employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups including children.

The DBS was established under the Protection of Freedoms Act 2012 and merges the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).

Disclosure

The DBS searches police records and, in relevant cases, barred list information, and then issues a DBS certificate to the applicant and employer to help them make an informed recruitment decision.

The checking service currently offers two levels of DBS check; standard and enhanced.

The DBS recognises that information released on DBS certificates can be extremely sensitive and personal. Therefore a code of practice for recipients of DBS certificates has been developed to ensure that any information they contain is handled fairly and used properly.

Referrals

Part of the role of the DBS is to help prevent unsuitable people from working with vulnerable groups including children.

Referrals are made to the DBS when an employer or an organisation, for example, a regulatory body, has concerns that a person has caused harm or poses a future risk of harm to vulnerable groups including children. In these circumstances the employer legally must or regulatory body may, make a referral to the DBS. The range of groups that are required or empowered under the Safeguarding Vulnerable Groups Act (SVGA) to make referrals are:

• regulated activity provider
  s (employers and volunteer managers)
• personnel suppliers
• local authorities
• education and library boards
• health and social care (HSC) trusts
• keepers of registers eg General Medical Council, Nursing and Midwifery Council
• supervisory authorities eg Care Quality Commission, Ofsted

Barring

The DBS is committed to ensuring they make fair, consistent and thorough barring decisions that are an appropriate response to the harm that has occurred and to the risk of harm posed.

They are keenly aware of the impact barring or not barring a person can have both to the person referred and also those with whom they have or could have come into contact with. Often very difficult and finely balanced decisions have to be made.

There are two main ways cases get to the DBS:

1. Autobars - there are two types of automatic barring cases where a person has been cautioned or convicted for a 'relevant offence': automatic barring without representations offences will result in the person being placed in a barred list(s) by the DBS irrespective of whether they work in regulated activity; while automatic barring with representations offences may, subject to the consideration of representations and whether the person has a link to regulated activity, result in the person being placed in a barred list(s) by the DBS.
2. Referrals from an organisation that has a legal duty or power to make referrals to DBS: typically there is a duty, in certain circumstances, on employers to make a referral to the DBS when they have dismissed or removed an employee from working in regulated activity, following harm to a child or vulnerable adult or where there is a risk of harm.

A new test for regulated activity has been introduced which means the DBS can only bar a person from working within regulated activity with children or adults if we believe the person is or has been, or might in the future be, engaged in regulated activity. The only exception to this is where a person is cautioned or convicted for a relevant (automatic barring) offence and is not eligible to submit representations against their inclusion in a barred list.

Additionally, where a person is cautioned or convicted of a relevant (automatic barring) offence with the right to make representations, the DBS will ask the person to submit their representations and consider them before making a final barring decision.

Making barring decisions

The DBS makes its decisions using barring decision-making processes specifically developed for this use and approved by the DBS Board. The DBS Board is ultimately responsible for all the decisions made by the DBS.

Our barring decision-making processes for considering discretionary (non-automatic barring) cases have been developed to ensure all DBS decisions are fair, consistent and thorough. The typical process has five decision-making stages. At each stage a decision is required for the case to progress to the next stage. If the criteria for the case to progress to the next stage are not met, the case is closed and no further action taken. However, where appropriate the DBS retains the information, subject to its Data Retention Policy.

For more information see www.homeoffice.gov.uk/dbs