DBS Checks – Safer Recruitment

Many people have a DBS check through work or from a volunteering role – but it might not be clear why a DBS is so important for safer recruitment. In our guide, we’ll review when and why DBS checks were implemented and we’ll explore who may need one and why it is important that they have one.

Safer Recruitment

When people are being recruited for roles, whether they’re in a paid job or a volunteer role, it’s critical that the recruitment process is carried out with safety at its core. Vetting and background checks go hand in hand with recruitment, with many different types of checks available depending on what the role is.

Employers and those with responsibility for looking after volunteers have a duty of care to protect vulnerable groups. Vulnerable groups include both children and adults and safer recruitment ensures that existing employees and volunteers, as well as the people they are for, are safe and secure in their roles.

Currently, UK employers and volunteer leaders must comply with checks run by the Disclosure and Barring Service (DBS). Formerly known as CRB checks (Criminal Records Bureau), DBS checks play a key role safeguarding within organisations and for individuals.

What is Safeguarding?

In the UK, safeguarding is the measure that is taken to protect and ensure the welfare and wellbeing of children, young people, and vulnerable adults. It is a thorough system that aims to prevent harm, abuse and neglect in various settings where vulnerable people may be.

These settings include schools and nurseries, hospitals and healthcare settings, social care services and residential care as well as other community environments, such as church organisations and sport clubs.

Safeguarding requires risks to be identified and appropriate actions taken to ensure the safety and wellbeing of those who could be at risk of harm or exploitation. Safeguarding has many different measures, including early intervention, risk assessment, identification checks and implementing protective measures to create a safe environment for all.

Ensuring DBS checks are completed and kept updated feeds into all of the protective measures.

When considering the care of children, safeguarding expands across a wide range of issues, such as protection from abuse, providing proper care, supporting their emotional and physical development, and empowering them to have a voice and to have that voice heard.

For vulnerable adults, safeguarding has a slightly different focus, seeking to protect their rights, dignity, and independence. Safeguarding for adults also works to prevent neglect, exploitation, and abuse.

Safeguarding is a shared responsibility across many different various agencies, organisations, professionals, as well as across the wider community. Working together, they can ensure the welfare and protection of those who are vulnerable or at risk.

A shared commitment to ensuring that applying for DBS checks is essential is one of the first steps to keeping vulnerable people protected.

From CRB check to DBS check

A series of failings in connection with the protection and wellbeing of children and vulnerable people led to the government introducing mandatory criminal record checks in 1999.

The checks were carried out on anyone who would work with children, with the clear aim of preventing paedophiles and sexual predators from being able to access children.

Called The Protection of Children Act 1999, the government introduced CRB checks. CRB, short for criminal records bureau, later became DBS checks.

The introduction of DBS checks was a direct result of the Soham Murders. DBS checks had to be carried out on everyone that either works or volunteers directly with children. In a change from CRB checks, this now included all vulnerable groups across society, such as young adults and the elderly.

The Soham Murders, which saw school caretaker Ian Huntly kill two 10 year old girls in Soham, Cambridgeshire, laid bare failings in the safeguarding system. As a result, the government implemented the Safeguarding Vulnerable Groups Act 2006.

This Act sought to ensure that those connected with those that caused children harm –like Maxine Carr, Ian Huntly’s girlfriend and teaching assistant – would also be excluded from working with children and vulnerable people.

Recruitment Regulations

While the Soham Murders had precipitated a change in who and what was checked, further cases of child abuse ensured that procedures were tightened further. The cases of Baby P and Victoria Climbie, both in London, witnessed extremely strict laws on child protection reinforced.

Implementing the Vetting and Barring Scheme in 2010, it is now an offence for employers to knowingly employ someone that is on a barred list person, as an employee or volunteer, in a regulated activity, like teaching assistant or sports coach. As a potential employee, you are prohibited from seeking work or working in a regulated activity from which you are barred.

As well as an initial check, re-checks have to be carried out at certain intervals as stipulated. Without a DBS check in the UK, employees or volunteers may not be left alone with children or vulnerable adults in a regulated setting, regardless of the presence or otherwise of a member of staff or volunteer that holds a clean DBS check.

Failure to adhere to these laws could lead to a £5,000 fine or up to 5 years in prison – or possibly both.

Referring to the DBS

There is a strict duty to refer. This means that you cannot simply fire someone that compromises safeguarding; employers must refer the individual to the DBS. This duty has emerged as a result of abuse taking place because employers and organisations had simply got rid of the person while the problem continued unabated.

The types of activity or behaviour that should be reported to the DBS includes:

• Endangers, or may endanger, a child or vulnerable adult
• Conduct that, if repeated against a child or vulnerable adult, would or could endanger them
• Sexual material relating to children (including possession of such material)
• Sexually explicit images depicting violence against human beings (including possession of these images), if it appears to the DBS that the conduct is inappropriate
• Conduct that is of a sexual nature that involves a child/ren or vulnerable adult, if it appears to the DBS that the conduct is inappropriate.

What Does the Protection of Freedoms Act 2012 mean?

2012’s Protection of Freedoms Act altered the length of time that information can be kept, meaning that after a certain time, certain information will no longer be disclosed and so not impact employability. The Protection of Freedoms Act key changes are:

The merger of the CRB and ISA has resulted in the ‘Disclosure & Barring Service, which means that both criminal records and child abuse records are combined so a DBS applicant can be checked for both adult and child abuse.

Employees can transfer a DBS from one employment to another, removing the need for more than one DBS checks on one person

The DBS now only bars for regulated activities, with barring not implemented for other activities

Basic DBS checks are required for all posts except those connected with regulated activities

The DBS disclosure document is sent directly to the applicant

Ensure Workplace Safety:

DBS checks are important for both the vulnerable people in the care of the employer, but also any vulnerable team members. When onboarding new staff or volunteers, it is critical to check new team members for information about their criminal history. This empowers employers to make informed decisions when hiring, ensuring that they employ individuals that are trusted to work in the setting. DBS checks are a legal requirement.

Regulated Activities

Certain roles are classified as ‘regulated’ activities. For employees or volunteers working in these roles, DBS checks are mandatory. These roles can include working with children or adults at risk in specific settings, such as schools and nurseries, child-minding, hospitals and healthcare settings and care homes.

DBS checks also apply to community groups, such as scouting groups and sports clubs. DBS checks are a legal requirement for anyone applying for such positions.

Certain roles, which are often referred to as ‘regulated activities’, legally require individuals to undertake DBS checks. These positions can include jobs in

• Education and teaching
• Healthcare
• Social work
• Childcare
• Adult care of all types

People who work on a voluntary basis that is considered to be working on a regulated activity will also have to have a DBS check completed before they can begin helping. Employers must conduct the appropriate level of DBS check for individuals working in these roles to remain compliant with the law and ensure the safety of vulnerable groups.

Once a DBS check has been completed, it is important to remember that it may need to be updated at certain specified intervals. Employers can perform real-time checks on an individual’s DBS certificate status online, ensuring continuous monitoring and providing an extra layer of protection for organisations and businesses.

Different Levels of DBS Checks:

The three main types of DBS checks are: Basic, Standard, and Enhanced.

Basic checks are the lowest level of check and suitable for positions that do not involve working with vulnerable groups. Standard checks are for roles with regular contact with vulnerable groups, while Enhanced checks are for those with frequent, close, or unsupervised contact.

DBS Continuous Monitoring

For certain roles, employees or volunteers may need to commit to continuous monitoring. This takes place through the DBS Update Service and allows employers to check an individual’s DBS certificate status online and receive real-time updates about any new information that may have been added since the initial check.

For most employers in regulated industries or roles, undertaking background screening through DBS checks is a legal requirement. Failure to comply with the necessary DBS checks for employees in regulated activities can lead to severe penalties and legal repercussions.

Can I fail a check?

It is not possible to fail a DBS check in the UK. The Disclosure and Barring Service (DBS) check is not a pass or fail process – the purpose of a DBS check is to provide information about an individual’s criminal history, including any convictions, cautions, warnings, or reprimands they may have. The DBS certificate will simply display the outcome.

A DBS check does not offer a judgment or decision on an individual’s suitability for a specific role or position. Rather, a DBS check provides the employer or organisation with relevant information to make an informed decision that should be based on the role’s requirements. The decision should also assess the level of contact the individual will have with vulnerable groups, including children and elderly people.

There will be occasions in which an individual may have a criminal record with convictions declared. However, a criminal record does not automatically disqualify the individual from a job or position, whether it is a paid role or a volunteer opportunity. It is the responsibility of the employers, whether it is the HR department or the business owners, to consider the nature and severity of the offense.

They should also consider the responsibilities involved in the role and carefully consider this in relation to any risk that may be associated with the individual’s criminal history before they make a decision to offer the individual a role or not.