Our Human Resource blogs and articles are designed to give you up to date access to current information and issues
Disclosure and Barring ServicePosted on by Angela Rhodes
You may already be aware that the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) merged and became the Disclosure & Barring Service (DBS) on the 1st December 2012. Therefore the terminology we have used for many years needs to change. From now on CRB Checks are known as DBS Checks. Anyone applying for Criminal Record Check through the DBS must now be 16 years or over – checks will not be carried out on anyone under this age limit. You could still run a Basic Disclosure Check on individuals that have yet to reach 16 years of age. Before an organisation considers asking a person to make an application for a Disclosure and Barring Service (DBS) check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history. The information below includes the latest amendments introduced as a result of the Protection of Freedoms Act 2012 and describes occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974. Please note that these changes do not apply to Basic Disclosures. They also do not apply to Scotland and Northern Ireland. The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law. Standard Disclosure Checks To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975. These include professions, offices, employments, work and occupations such as solicitor, security guard etc. Enhanced Checks To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations. This check is available to positions that met the old definition of Regulated Activity. Enhanced Checks with Barred List Check To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the new definition of regulated activity. New definitions of regulated activity relating to children:
- Unsupervised Activities: Teach, train, instruct, care for or supervise children, provide advice/guidance on well-being, drive a vehicle only for children, moderating. Minimum period condition: once a week or more; 4 or more days in a 30-day period; overnight between 2am and 6am.
- Specified Establishments: Schools (full-time education to under 18’s), children’s homes and detention centres and childcare premises.
- Personal Care/Health Care: For example washing or dressing; or health care by or supervised by a health care professional.
- Registered Child-minding and Foster-Carers – even if only done once.
- Day to day management on a regular basis of a person providing a regulated activity.
- Welsh Offices.
Below is a diagram to assist in deciding if the role applied for is classed as Regulated Activity and if a Barred List check can be applied for.
New definitions of regulated activity relating to adults.
- Healthcare for adults provided by any health care professional, or under the direction or supervision of one, is a regulated activity.
- Personal care for adults involving hands-on physical assistance with washing and dressing, eating, drinking and toileting: prompting and supervising an adult with any of these tasks because of their age, illness or disability; or teaching someone to do one of these tasks.
- Social work – provision by a social care worker of social work which is required in connection with any health services or social services.
- Assistance with an adult’s household affairs such as cash, bills or shopping because of their age, illness or disability arranged via a third party.
- Assisting in the conduct of an adult’s own affairs under a formal appointment under the Mental Capacity Act.
- Conveying adults for reason of age, illness or disability to, from, or between places, where they receive healthcare, personal care or social work arrange via a third party. This does not include family or personal arrangements or taxi drivers.
In addition to the above, a name change has been made to one of the Barred Lists. The Vulnerable Adults List is now simply called the Adults List.
This information has been kindly supplied by Verifile Ltd.
I hope this information is of assistance to you. If you have any questions surrounding it – please don’t hesitate to contact us and we will put you in touch with a member of the Verifile Team who will be happy to assist you.
< Go back