Disclosure Barring Service (DBS) Policy
Introduction
The Training Brokers Limited (TTB) is committed to safeguarding the welfare of those accessing our service. This Disclosure and Barring (DBS) policy will assist in making safer recruitment decisions and prevent unsuitable people from working with our learners.
Scope
This policy will apply to those seeking paid work, volunteering opportunities or learner placements with TTB. Where Agency Workers are used, we will seek confirmation from the agency that a satisfactory DBS record has been received, or seek to view a copy of the DBS certificate dependant on the policy of the agency under the GDPR.
Criteria for DBS Checks in Regulated posts (including updates)
For DBS checks and status checks, we will ensure the national minimum requirement for Disclosure and Barring Service Compliance is met. This requires all those who commenced work in a role exempt from the Rehabilitation of Offenders Act after 1st March 2002 to undertake an Enhanced DBS check.
DBS Checks
DBS checks will be carried out for all successful applicants in line with our safer recruitment policy.
DBS Updates – status checks
The Update Service is a new subscription service that lets an individual DBS Certificate up-to-date. TTB will carry out status checks online.
Where a status check shows new information exists on the record, a new full DBS recheck will be sought.
Successful applicants will not be able to commence work until we are satisfied they are suitable to work with vulnerable groups. We may withdraw a job offer if the results show anything that would make the applicant unsuitable.
Updates/re-checking of DBS for existing staff
It is written into employment contracts that all employees are required to register or maintain existing subscriptions with the DBS update service and co-operate with any update checks that may be undertaken during employment. Staff must provide proof of registration to the update service.
Where existing staff are registered with the update service, we will carry out an update on their record annually or earlier if their actions or activities give ‘cause for concern’. The grounds for ‘cause for concern’ could include allegations of suspicious or inappropriate behaviour made by a child or other person or a colleague, parent carer or member of the public.
Where the update shows a change in the disclosure status a full re-check will be required.
Where an employee is not yet registered with the DBS update service, we will carry out a DBS re-check after 1 year of employment or earlier if their actions or activities give ‘cause for concern as noted above.
Where employees are not yet registered with the update service, registration is mandatory upon the first re-check of DBS whether the 1 year post employment re-check or any earlier check sought where there is ‘cause for concern’.
Maintaining registration with the DBS update service will allow us to carry out update checks on each record annually or in instances of cause for concern. All employees are expected to comply. Any existing employee refusing to comply for re-checking or update service will be advised that their deliberate and unreasonable refusal to carry out lawful and safe instructions issued by an appropriate manager and/or to comply with a contractual agreement may lead to the employee being subject to a disciplinary investigation/procedures.
Cost
Successful applicants are required to pay for a DBS certificate from their first pay. They must then register with the DBS update service. TTB will meet the cost of the annual subscription to the update service provided the applicant has given proof of registration and submitted an expenses claim form. Where an applicant has failed to register with the DBS update service within the time window where registration will be accepted following the date of DBS, they will be required to pay the full amount of a DBS re-check when this is required 1 year post employment and at that point register with the update service.
Disclosures
Successful applicants are given an opportunity to disclose and discuss anything that may be on their DBS Certificate as part of the recruitment process in the self-declaration form and HR screening. Spent convictions must be disclosed.
If the candidate has made a false declaration on their self-declaration form or interview, TTB may not be able to confirm employment. If the DBS certificate contains information that was not revealed by the candidate or additional information from the Police is received, it will be necessary to hold a further discussion with the candidate and undertake a further review against any risk assessment before deciding whether to withdraw the offer of employment. Legal advice may be sought in this instance.
Having a conviction will not necessarily bar someone from employment with TTB who will only take a criminal record into account when the conviction is relevant. Employee’s must disclose any caution or conviction during the course of their employment. Failure to do so will be judged as serious misconduct and may result in termination of employment. Any adverse disclosures or information received as part of a DBS check, update or referral to the DBS will be considered and risk assessed and may be investigated in line with disciplinary procedures. It should be considered whether the conviction is relevant to the post and evidence of previous convictions should not be used to dismiss a person for poor performance. If the disclosure results are considered to be of a serious nature and prove to be correct the Manager may consider various options including;
- Termination of employment
- Redeployment pending the availability of a suitable vacancy
Only after a full appraisal of the situation the risks involved and other alternative options investigated should dismissal be considered. If termination of employment is considered, the Company disciplinary procedures will be followed.
Usage
Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
Retention and Disposal
As only one copy of a DBS Certificate is issued to the applicant only and be retained by them. TTB will require the registration number.
Referrals
The Safeguarding Vulnerable Groups Act 2006 imposed the legal requirement on employers to refer to the ISA (now DBS) information about employees or volunteers who (may) have harmed children while working for them.
If we have concerns that a person has caused harm, or poses a future risk of harm to vulnerable groups, including children, in these circumstances TTB will make a referral to the DBS.
This may include instances where;
- The Company was considering dismissal/moving to unregulated work, and before a decision could be reached, the employee left the organisation;
- The Company discovers information after the employee has left, that would have resulted in a dismissal/move into unregulated work had it been discovered whilst the employee was working.
Further information can be found on https://www.gov.uk/disclosure-barring-service-check/overview