Disclosure and Barring Service checks

Types of DBS checks and eligible roles

There are four types of checks.

Standard check

This check is for spent and unspent convictions, cautions, reprimands and final warnings in accordance with filtering rules.

Enhanced DBS

Enhanced checks include the same information as the standard check plus any additional information held by local police that’s reasonably considered relevant to the role being applied for.

Enhanced DBS including Barred Lists check

Includes the same information as the enhanced check, plus checks if the individual is barred from working in certain activities (known as regulated activity) which involve children and / or adults.

DBS Adult First

This checks the individual against the adults barred list. This is an interim check which does not provide any information on criminal convictions. To be used in exceptional circumstances.

Regulated activity

There are two barred lists – one relating to people barred from working with children and one relating to people barred from working with adults. In some circumstances a check of both barred lists will be required. It is a criminal offence for an individual to work (either paid or as a volunteer) in a ‘Regulated Activity’ whilst being barred from working with children and/or adults. It is also an offence to knowingly allow someone to engage in regulated activity whilst barred.

The full, legal definition of regulated activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, as amended (in particular, by the Protection of Freedoms Act 2012). Regulated activity still excludes family arrangements, and personal, non-commercial arrangements.

Further clarity about the definition of regulated activity can be found in the guidance documents below:

Eligibility guidance for standard DBS checks (GOV.UK)

Not all roles that involve working with children or vulnerable adults require a DBS check and employers can only request a barred list check against specific roles. It is a criminal offence to undertake a DBS check when there is no requirement for one. It is therefore essential that the correct level of DBS check is identified against the role to ensure the appropriate safeguards are in place and no-one is checked unnecessarily.

The DBS requirements of roles within the council are held centrally against the post details within ITrent.

Assessment part one - establish if a DBS check is needed

Senior Managers in conjunction with People Management or HR Provider should consider whether a role needs a DBS check in the following circumstances:

when a new role is created
where the activities undertaken within the role change
when there is a change in frequency of certain activities (e.g. the role now involves working with children more than once a week or more than three times a month when previously this was undertaken on an ad hoc basis)
when the role's work base changes (e.g. where an office based admin role is relocated to work in a care home or school)
when a line management role has a new responsibility and now supervises individuals that require a DBS check and /or will be undertaking regulated activity.

Regulated activity is activity that you are not permitted to undertake or seek to undertake if you are barred from working with children and / or vulnerable adults. Additionally, line managers should receive the same level of check of those within their team, provided the employee(s) they directly manage or supervise carry out their activity on "the front line".

Assessment part two - level of DBS check needed

If a DBS is thought to be needed in the circumstances outlined above senior managers must take steps to assess the level of DBS check required. In the first instance, they should do this by completing the on-line eligibility assessment tool.

DBS Eligibility Tool (GOV.UK)

This tool covers most roles, however if further clarification is needed, Senior Managers can refer to the regulations relating to regulated activity and the DBS workforce guidance which outlines the circumstances a check can be made.

Further advice can be sought from People Management or the HR Provider if needed.

If there is still a question about DBS eligibility, Senior Managers should contact DBS customer services for clarification.

Email: CustomerServices@dbs.gsi.gov.uk

Customer Service aim to respond within 10 working days. Any response received from the DBS regarding the DBS eligibility of a post should be forwarded to People Management.

The DBS eligibility must be indicated on the post specification for the job and this information should be signed off by the Assistant Director / Headteacher. The information should be sent to Service Centre/ HR Provider who will record the DBS eligibility against the role within iTrent or equivalent School Management information system.

Requesting a DBS check

DBS checks will be undertaken as part of the recruitment process or as part of an automated 3 yearly rechecking exercise.

If a new DBS check is required for reasons other than recruitment or rechecking, line managers / head teachers must inform the service centre/ school provider who will initiate the checking process.

The DBS Update Service

The DBS Update Service is an online service which enables employers, with the individuals' permission, to carry out free status checks on an individual's DBS certificate. The check will indicate whether there has been any change in the individual's criminal record status since their last DBS certificate was issued. If there has been a change, the employer can request the individual completes a new DBS check.

If an individual wishes to subscribe to the Update Service they have up to 30 days to apply from the issue date of their DBS certificate or once they receive the application form reference number and pay an annual subscription charge. There is no subscription charge for volunteers. Children's residential staff are required to register with the Update Service and therefore their subscriptions will be reimbursed.

The Council or School will only accept a copy of a DBS certificate obtained through a previous employer where the individual has subscribed to the Update Service and their DBS certificate relates to their Update Service registration.

When offering an appointment, the manager/Headteacher should ask individuals if they are a member of the Update Service and if so:

confirm that their original DBS check covers the needs of the role (e.g. If they registered with the update service under a barred adults check, and the new role needs a barred Children's check, the update service cannot be used and a new DBS is needed)
request that the individual provides their consent for the Council / School to check their Update Service status by completing the form which is available at Appendix B
send the DBS Verification form to the Service Centre /HR Provider so the Update service check can be undertaken.

DBS Update Service (GOV.UK)

Changes to the job, internal movers, DBS portability

If an individual transfers to another role within the council, a Community School or Voluntary Controlled School, their move is classed as an internal move and their DBS will be transferable. This is provided that a) they have been working regularly in the position, b) there is no gap in employment and c) the same level of clearance is needed between their old and new role.

However, if the level of DBS clearance needed between their old and new role is different, managers need to consider if a new DBS check is needed. For example, if an existing employee has had a standard DBS check and they move to an internal position that requires an enhanced check, they will need a new DBS check as the level of clearance needed in the new role is higher than their existing role.

DBS checks are not "portable" where the individual changes employer, unless the individual is registered with the DBS Update Service.

Internal movers DBS assessment.pdf (PDF, 788.25KB)

Three yearly checks

Employees who occupy particular roles within the council will be required to undertake a new DBS check, every three years. Those registered with the update service will have their status checked no less than once every three years. Employees and managers will receive a reminder email if their DBS recheck is due.

Schools can request a DBS recheck for employees every three years should they wish to do so. Where rechecks are carried out, schools should ensure the information is recorded accordingly and not held against the Single Central Record which requires pre-employment DBS information.

The council or school reserves the right to regularly check an individual's Disclosure and Barring Service (DBS) status where necessary.

DBS data handling, use, storage, retention and disposal

Any records relating to DBS data must be handled and recorded in line with DBS data handling, use, storage, retention and disposal procedure.

DBS data handling, use, storage, retention and disposal procedure