DBS criminal record checks (1)
Last updated:Overview and how to apply
Buckinghamshire Council’s (BC) Safeguarding in Employment Team is responsible for implementing and applying the latest developments in government legislation and reviewing guidance and providing advice and support in all areas of safer employment practice, including the processing of DBS Checks.
Please use these pages to find out all about DBS checks for employees, volunteers, and contractors in schools as well as additional safer recruitment vetting checks.
Safeguarding concerns or allegations of a child protection nature about your staff should be raised with the Local Authority Designated Officer (LADO) on 01296 382070
What is a criminal record check?
A criminal record check is a record of a person’s criminal history. In the majority of cases, a check will include all criminal offences including cautions, convictions, reprimands and final warnings. It may also include traffic offences such as speeding and drink-driving.
Security features of a DBS certificate
The importance of a criminal record check
Criminal records checks help employers ensure that unsuitable people are prevented from working with those who are considered vulnerable because of certain circumstances e.g. in receipt of social care.
Employers must carefully consider any criminal history data alongside other information obtained as part of a wider recruitment process to ensure a fair and effective safer recruitment practice.
The role of the Disclosure and Barring Service (DBS)
The primary role of the DBS is to help employers make safer recruitment decisions by checking information that may be held on an applicant on the Police National Computer (PNC).
In addition, caseworkers process referrals about individuals who have harmed or pose a risk of harm to vulnerable groups with a view to placing them on the adults and/or children’s barred lists.
When to request a DBS Check
When to request a DBS Check
- Where an applicant has never had a DBS check before for BC and the position they are applying for is eligible for a check (unless an applicant is a member of the DBS Update Service where a new DBS Check may not be required).
- Where an applicant is an existing member of staff who has had a DBS check for their original role and they are moving into a new role which requires a different type of check and/or barred list clearances
- Where concerns have been raised about an employee’s behaviour, conduct or practice (for example, because of criminal activity, actual harm or risk of harm to patients) which would trigger the need for a new check – see information on high risk roles on intranet. - High Risk’ roles would usually be expected to include jobs such as:
- Foster Carer/Adopter
- Social Worker
- Social Work Assistant (check current wording of job title)
- Senior Child and Family Worker (as above)
- Home Carer (as above)
- Educational Psychologist
- Where staff members become employed by BC following a TUPE transfer into, or back into BC, then new DBS Checks must always be obtained (where a DBS Check is required for a job role).
Key considerations for employers
- It is unlawful to carry out a standard or enhanced DBS check for a role which is not ‘exempt’ from the ROA or included in the Police Act Regulations, where applicable, and therefore not eligible for a DBS check.
- It is unlawful to require an applicant to disclose a ‘protected’ conviction, caution, reprimand or final warning, which would be filtered off a DBS check.
- It is unlawful to require an applicant or existing employee to carry out an ‘enforced subject access request, i.e. provide a copy of their full criminal record directly from the police, prison, probation service or courts.
- Applicants are not legally required to disclose fixed penalty notices (FPNs), penalty notices for disorder (PNDs) or other disposals that are not convictions, cautions, reprimands or final warning.
- Applicants are not legally required to disclose allegations, arrests or not guilty verdicts.
The DBS application process
A DBS Check is a critical part of the Safer Recruitment Process. The DBS Check allows safer recruitment decisions to be made and prevents unsuitable people from working with vulnerable groups, including children, through its criminal record checking and barring functions.
eDBS System
Buckinghamshire Council processes DBS checks online via an electronic Employment Check system.
eDBS Administrator user requests
To request a log in or remove an existing user, please complete the E-DBS system Business Unit administrator new user / remove user form below
E-DBS system Business Unit administrator new user / remove user form (opens in a new window)
Applicant login issues
If the applicant has not received their email with login details for their DBS, please use the DBS email template PDF, 45.5KB and send to the employee. We cannot generate the email again from the DBS system.
You will be able to find and edit (if necessary) their login details by searching for them in ‘Manage Applicants’ not ‘Manage Applications’.
Other guidance
BU Admin Guidance notes PDF, 0.99MB (March 2020)
ID Verifier Guidance notes PDF, 724KB (March 2020)
BU Admin Application Processing Hints and Tips Checklist PDF, 109KB
Eligibility
Some employees working in Special Secondary Schools may provide sensitive personal care to pupils aged 18 years or older. This is known as regulated activity.
Regulated activity may require an Enhanced DBS Check that includes:
- Children's Barred List Check
- Adults Barred List Check
For further information please contact the HR Customer Experience team: hrcustomerexperience@buckinghamshire.gov.uk who will pass your query to the DBS Team.
Transferability
A DBS Certificate can be used from one school to another as long as the workforce and level of the DBS Check is correct for the role, this is for local authority schools only.
Please complete the transferability request form under HR Services via the ServiceNow Portal
Or contact the HR Customer Experience team:
Email: hrcustomerexperience@buckinghamshire.gov.uk
Phone:01296 382 233.
A DBS Certificate can be used (transferred) from one Buckinghamshire Council school to another if the DBS clearance was issued within the last 6 months and as long as the workforce and level is correct for the role.
If an applicant is subscribed to the Update Service, follow the process for the DBS Update Service.
If DBS issued more than 6 months ago a new DBS Check should be obtained and we recommend an individual joins the DBS Update Service.
Personal information about all applicants is removed from the eDBS System after 6 months in line with DBS guidance on keeping personal information. Because of this, applicant data is no longer available from 6 months after an application, and details about an application are no longer available after that period.
Paper DBS applications: process
In certain circumstances a paper application may be needed rather than using the eDBS system. Please advise the Safeguarding in Employment Team who will send you the DBS Check Application Form. Once the Form is completed it should be sent back to the Safeguarding Team at BC so that it can be checked and countersigned before been sent to the DBS.
The applicant will need to bring in their DBS Certificate once received from the DBS. Take a copy as you usually would and then notify the Safeguarding in Employment Team via the Service Now Portal with the DBS Certificate issue date, DBS Certificate number and whether the Certificate contains any criminal information.
Buckinghamshire Council will not receive a copy of this Certificate, so it is important that you ensure the applicant brings in his / her original DBS Certificate so you can verify the authenticity of the Certificate and take details of the Certificate (for the SCR) as above. Please then notify the Safeguarding in Employment Team at the Council of the DBS Certificate details.
If the DBS contains positive information, employment can only be agreed with Service Director/Head Teacher agreement. Please let the Safeguarding in Employment Team in HR have a copy of the 'Positive' Risk Assessment Form in those circumstances.
DBS update service
The DBS Update Service enables employers and employees, including volunteers, to use one DBS certificate across different organisations.
Carrying out a DBS update service check
Where an individual has subscribed to the Update Service, you will be able to carry out a free online check to view the status of an existing DBS certificate where:
- the employer has the individual's consent
- the employer could legally request a new DBS check for the role they are applying for
- the DBS certificate is for the same workforce, type and level of criminal record check that is required for a job role
You will need to:
- see the applicant’s original DBS certificate to confirm it has been issued at the correct level and workforce for the role
- carry out the online Update Service check
Outcomes of a DBS update service check
When you have completed the check, you will receive one of three outcomes.
1. This certificate did not reveal any information and remains current as no further information has been identified since its issue.
This means the certificate contains no criminal or barring information and no new information is available.
Save the outcome of the Status Check and record on your school’s Single Central Record and send a copy of the outcome to HR Operations
2. This certificate remains current as no further information has been identified since its issue.
This means that the certificate contains criminal or barring information which is up to date.
You will need to discuss the criminal information on the original DBS certificate with the applicant. A clearance decision should be made by Headteacher following any discussions, as appropriate, with the HR Safeguarding in Employment Team.
3. This certificate is no longer current. Please apply for a new DBS check to get the most up to date information.
This means that the certificate should not be relied upon as new information is now available which is not shown on the original DBS certificate.
You will need to request a new DBS check and request sight of the new certificate once received by the applicant.
Once the new DBS certificate is available you should request sight of the new original certificate and discuss with the applicant the nature of the new criminal information and assess the level of risk the new information represents.
Requesting an early confirmation check
To confirm that an applicant is not on a barred list, you can request an early confirmation check.
Consider if any additional safeguarding action is required, for example a risk assessment, until you are able to confirm the nature of any new information.
Contact
Contact the HR Safeguarding in Employment Team for further information or advice.
HR Customer Experience team: hrcustomerexperience@buckinghamshire.gov.uk
Visit the gov.uk website to view further information on the DBS Update Service.
Types of DBS checks
There are four different types of DBS check and each type of check provides a different level of information.
Information |
Basic |
Standard |
Enhanced |
Enhanced for Regulated Activity |
Unspent convictions |
Yes |
Yes |
Yes |
Yes |
Spent Convictions* |
No |
Yes |
Yes |
Yes |
Cautions, Reprimands or Warnings* |
No |
Yes |
Yes |
Yes |
Other relevant ‘soft’ information held by police forces |
No |
No |
Yes |
Yes |
Inclusion on Children’s Barred list |
No |
No |
No |
Yes |
Inclusion on Adults’ Barred list |
No |
No |
No |
Yes |
Information in different types of DBS check
*Old/minor convictions, cautions, reprimands and warnings are automatically filtered and are not included in a DBS Certificate. Please see Appendix 1 for further detail on filtering.
Information about filtering rules, together with the list of offences that will never be filtered.
Basic DBS Check
A Basic Check can be used for any position or purpose. A Basic Check shows any ‘unspent’ criminal convictions in the UK that an applicant may have which must be declared. A Basic Check may be required for those working in posts where there is access to sensitive information or who have access to a PSN network.
A Basic Check will contain details of convictions and conditional cautions considered to be unspent under the terms of the Rehabilitation of Offenders Act 1974.
Standard DBS Check
A Standard Check shows details of all cautions, warnings, reprimands held on the Police National Computer, as well as all spent and unspent convictions held on an individual’s criminal record.
This level of check will also reveal if the candidate appears on any government department lists of people who are deemed unsuitable to work with children.
Roles requiring standard or enhanced DBS checks are exempt from the Rehabilitation of Offenders Act 1974 which means that all criminal information is provided about an applicant, even if it would otherwise be ‘spent’.
A standard check is available for duties, positions and licenses included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975, for example, court officers, employment within a prison and Security Industry Authority, solicitors and those accessing sensitive information.
Enhanced DBS Check without a Barred List Check
An Enhanced Check searches against criminal records and other sources, including the Police National Computer (PNC). The check may reveal convictions, cautions, reprimands and warnings.
An Enhanced DBS Check may also include relevant (”approved”) information the police have on record even if it has not resulted in a caution or conviction (for example if allegations have been made and reported to the police).
Work with adults
The activities which are eligible for an Enhanced DBS Check without a Barred List Check are detailed below. The activities must be carried out wholly or mainly for adults in receipt of a health and social care service as defined below:
- Is living in residential accommodation, such as a care home or a residential special school;
- Is living in sheltered housing;
- Is receiving domiciliary care in his or her own home
- Is receiving any form of health care;
- Is detained in a prison, remand centre, young offender institution, secure training centre or attendance centre or under the powers of the Immigration and Asylum Act 1999;
- Is in contact with probation services;
- Is receiving a welfare service of a description to be prescribed in regulations;
- Is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care (age-related needs includes needs associated with frailty, illness, disability or mental capacity);
- Is receiving direct payments from a local authority/HSS body in lieu of social care services;
- Requires assistance in the conduct of his or her own affairs.
Activities with adults in receipt of the above health and social care services:
Individuals carrying out one or more of the following activities with adults in receipt of the above services will be eligible for an Enhanced DBS Check without a Barred List Check. The activity must be carried out regularly* by the same person.
- Providing any form of care, supervision, treatment or therapy. (“Care” in this context excludes the provision of “personal care” which is a “regulated activity”);
- Providing any form of teaching, training, instruction, assistance, advice or guidance on their emotional or physical well-being;
- Face to face contacts with adult residents in a care home;
- Representing or providing advocacy on behalf of a statutory service and has contact with an adult;
- Providing transportation wholly or mainly for adults and their carers to and from places where they will be receiving / or have received healthcare services (excludes taxis which can be used by the general public);
- Individuals who are specified office holders e.g.
- Chief executives of local authorities that have any social service functions
- Directors of adult social services
- Individuals who have to register with the CQC in order to provide a health or social care service i.e. registered managers and service providers
- Elected members of a local authority, members of the executive of a local authority or a member of any committee of the executive (including area committees and sub committees) who discharge social services functions
* Regularly is defined as:
- Frequently: at least once a month on an ongoing basis
- Intensively: any time on four or more times in any thirty day period
- Overnight: any time between 2am and 6am which gives the opportunity for the person to have contact with an adult
Work with Children
Work with children includes anyone who works or volunteers on a supervised basis with children in a specified role or a specified place.
The activity with children must be carried out regularly* by the same person.
Specific roles that are eligible for an Enhanced DBS Check without a Barred List Check are listed below and are on the basis of supervised access to children whilst undertaking those roles:
- Providing any form of care, supervision, treatment or therapy; (Care in this context excludes ”personal care” which is a “regulated activity”)
- Providing any form of teaching, training, instruction, assistance, advice or guidance on their emotional or physical well-being;
- Moderating a chat room
- Providing transportation wholly or mainly for children (and their carers or guardians) to or from places where they will be receiving / or have received health care services (excludes taxies which can be used by the general public);
- Work with children also includes individuals who have regular day to day management or supervision of individuals carrying out the above activities.
Specified places include work or volunteering in a range of establishments including:
- An educational institution (e.g. a school or a PRU)
- A Nursery
- A children’s hospital
- A children’s detention centre (e.g. a prison or remand centre)
- A children’s home or a children’s care home
- Childcare premises
*Regularly is defined as:
- Frequently: at least once a week on an ongoing basis
- Intensively: any time on four or more times in any thirty day period
- Overnight: any time between 2am and 6am which gives the opportunity for the person to have contact with a child.
Please note: Employees or volunteers working in an unsupervised capacity in a specified role or specified place will be in “regulated activity” and will therefore be eligible for an Enhanced DBS Check with a Barred List Check (see below).
Enhanced DBS Check with Barred List Check
Barred List information is not routinely provided in an Enhanced Check and can only be requested for those positions or activities listed under the definition of regulated activity in the Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedoms Act in 2012).
An Enhanced DBS Check with Barred ListCheck (either Children or Adults or Children and Adults) searches against criminal records and other sources, including the PNC. The check may reveal convictions, cautions, reprimands and warnings and includes a check of whether the individual is barred from working with Children, Adults or both) depending on the appropriate workforce.
Definitions of Regulated Activity
Children and Young People
Work of a specified nature which involves close and unsupervised contact with children which occurs frequently/regularly in a specified place.
- Specified role/work e.g. a Teacher, Learning Support Assistant, Midday Supervisor
- Specified nature e.g. teaching, training, care, supervision, advice, treatment
- Close work which involves close proximity to a child and allows the possibility of a relationship to be built (including online)
- Unsupervised there is no-one overseeing the activity who has had a DBS and barred list check (i.e. someone who has been checked for undertaking Regulated Activity)
- Frequency Once a week or more often
- Specified place e.g. a school, youth club, care home
- Unsupervised activities: teaching, training, instructing, caring for or supervising children, or providing advice / guidance on well-being, or driving a vehicle only for children.
- Work for a limited range of establishments (‘specified places’), with opportunity for contact, for example schools, children's homes, childcare premises (but not work by supervised volunteers).
Work under (1) or (2) is Regulated Activity only if done regularly. In this context, ‘regular’ means carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period (or in some cases, overnight).
- Relevant personal care, for example washing or dressing; or health care by or supervised by a professional, even if done once.
Adults
The definition of Regulated Activity relating to adults no longer labels adults as ‘vulnerable’. Instead, the definition identifies the activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time.
The focus is on the activities required by the adult and not on the setting received, nor on the personal characteristics or circumstances of the adult receiving the activities. There is no longer a requirement for a person to do the activities a certain number of times before they are engaging in Regulated Activity. Any time a person engages in the activities set out below, they are engaging in regulated activity.
There are six categories of people who will fall within the new definition of regulated activity (and so will anyone who provides day to day management or supervision of those people). A broad outline of these categories is set out below:
- The provision of health care by a health care professional, or by a person acting under the direction or supervision of a health care professional (such as a health care assistant in a hospital or care home)
- The provision of relevant personal care (washing, dressing, toilet, eating, drinking)
- The provision of social work or community care services by social workers to adults who are clients or potential clients
- The provision of assistance in relation to general household matters for an adult who needs that assistance because of age, illness or disability, (e.g. managing a person’s cash, paying bills or shopping for someone)
- Any relevant assistance in the conduct of an adult’s own affairs, (e.g. under an enduring power of attorney)
- Transportation in certain circumstances which is needed because of age, illness or disability, although the Government has pointed out that this will not include family and friends or taxi drivers
Examples:
1. A care assistant in a care home who cuts and files an adult’s nails as the adult cannot do it themselves, because, for example, they cannot see well enough, would be engaging in regulated activity.
2. A beauty therapist who attends a day care centre once a week and provides manicures for anyone who would like one, instead of for people who need them because of their age, illness or disability, is not engaging in regulated activity.
3. A volunteer who prepares and serves a meal to an adult in their own home (but does not feed the adult) is not engaging in regulated activity. To be engaged in regulated activity you must provide physical assistance to the person, for example spoon feeding that person, or you must be prompting and supervising (for example, prompting and supervising a person with dementia, because without it they would not eat), or you must be training or instructing (for example, teaching a person who has suffered a stroke to eat using adapted cutlery).
4. A health care assistant on a hospital ward who feeds an adult because they are too frail to feed themselves would be engaging in regulated activity.
5. A worker in a care home who reminds a person with dementia to eat their lunch, and ensures they do so is in regulated activity.
Summary
Any time a person engages in one of the activities above, a DBS check is required as regulated activity is being undertaken. - even if the activity occurs only once.
The requirement for a DBS check is based not on the characteristics of the adult but the activities being undertaken.
What a 'positive' check means
A positive DBS Check is one which contains criminal information as notified by the DBS.
When a 'positive' check is received
You will receive an automated email from the Employmentcheck system advising that you should wait to view the original certificate prior to making an employment decision.
You will receive a further email from the HR Safeguarding in Employment (HR SiE) Team containing guidance on the next steps. Buckinghamshire Council (BC) strongly recommends that you follow this guidance to ensure that the DBS Check process is completed in order to mitigate any potential risk:
- Arrange to meet with the applicant to see the original DBS Certificate and obtain clarification, additional information and an explanation from an applicant about any information disclosed on a DBS Certificate. This discussion will enable you to make your employment decision based on all relevant information.
- Consider contacting the HR SiE Team for advice about the information on the DBS Certificate prior to a decision being made about whether to recommend employment of an applicant.
- Complete the three part DBS ‘positive’ risk assessment form and ask the applicant to sign the applicant’s consent form to give you permission to copy his/her Certificate where appropriate.
- The Risk Assessment Form (Parts One, Two and Three), signed and authorised by the Headteacher, should be sent securely and confidentially to the HR SiE Team.
- Please note: Schools / Academies failing to send the Risk Assessment Form accept any contingent risks.
- A copy of Part One of the Risk Assessment Form should be retained on the local file so that any Inspectorates (e.g. OFSTED) can confirm that a thorough and rigorous assessment of risk was undertaken as part of the recruitment decision making process.
- Please destroy the separate sheet ‘DBS Certificate Information’ (Part Two), as this sheet contains information about the criminal information on a DBS Certificate, together with any copy of the DBS Certificate and applicant’s consent form, within six months of completion of the Risk Assessment Form, where held locally.
Any risk assessments and supporting paperwork should be password protected and send to HR Customer Experience team: hrcustomerexperience@buckinghamshire.gov.uk
Next steps
On receipt of the Risk Assessment Form, the outcome will be recorded by the HR SiE Team on the eDBS system to complete the DBS check process.
The HR SiE Team will keep a copy of the Risk Assessment Form in accordance with statutory guidelines.
If you decide not to seek advice and guidance, please let the HR SiE Team know the outcome of the employment decision so that the eDBS system can be updated appropriately. Please still complete a Risk Assessment Form and send it to the HR SiE Team where it will be held securely.
Where the outcome of the employment decision remains outstanding, the DBS Check process will remain incomplete.
Complex 'Positive' DBS Disclosures
Where the content of a DBS Disclosure presents particular difficulties because of the information disclosed then that case should be discussed with the headteacher and a decision should be made about whether the case needs to be forwarded to the special panel for dealing with 'complex' positive DBS Disclosures.
Further information about the 'Special Panel' is available from the HR SiE.
For further information on conviction, reprimand, caution or warning information on a 'positive' DBS Check, view our guidance to information on certificates.
Should you wish to seek advice please contact:
Anna Falek, Schools, Early Careers and Safeguarding Resourcing Advisor
Tel: 01494 732155
Email: anna.falek@buckinghamshire.gov.uk
Downloads
Positive Risk Assessment Form (Part 1)
DBS Certificate Info Sheet (Part 2)
Applicant’s Consent Form (Part 3)
DBS checks for governors
All governors, in whatever kind of school such as, maintained, independent, academy, or free school, must have an Enhanced DBS Certificate. This follows amended legislation that came into force on the 18th of March 2016 to make Enhanced DBS checks mandatory for governors in maintained schools.
LA Maintained Schools must undertake 'section 128 checks' for all governors. Section 128 of the Education and Skills Act 2008 prohibits unsuitable staff and proprietors from 'taking part in the management of an Independent School.'
This legislation, which included academies and free schools, has now been extended further to include governors of LA Maintained Schools. This is set out in Keeping children safe in education - GOV.UK
Section 128 checks
The easiest way to obtain a section 128 check for all governors and relevant staff is to undertake a section 128 check through the Teacher Services website. When in the Teacher Services website, you will see the list at the bottom, and you can click on it to show everyone on the list.
This is because:
- a section 128 check is only included in an Enhanced DBS Check that also includes a 'Barred List Check'
- a 'Barred List Check' can only be included as part of an Enhanced DBS Check where a person is undertaking 'regulated activity'
- a governor is not in 'regulated activity' so a governor is not eligible for an Enhanced DBS Check that includes a Barred List Check
Consequently, where a section 128 check is required for a governor, a school needs to access the Teacher Services website and confirm that a governor is not on the section 128 barring direction list.
DBS rechecks
There is no legal requirement to renew DBS checks at certain intervals, for example, every 3 or 5 years, or at all.
However, we recommend that employees in 'high risk' roles are appropriately rechecked on a regular basis.
DBS check renewals are usually once every three years and are recommended specifically for:
- staff who work on a one to one, often unsupervised basis with children, young people or adults at risk of abuse e.g. social workers, education welfare officers, home carers
- staff who work at a number of locations and/or work with minimal supervision e.g. supply teachers
- staff who have had relevant previous convictions and/or cautions
- staff who have given cause for concern
- staff who present higher risk concerns e.g. who may have spent considerable time living and/or working abroad.
There is however a general expectation that staff and volunteers working in schools will not be required to obtain DBS check renewals unless they fall into one or more of the categories above.
A headteacher is responsible for determining which occupations and areas fall into any of the above 'high risk' categories.
A headteacher is expected to speak with the Safeguarding in Employment Team, via the HR Service Desk, before determining which staff are required to be rechecked.
HR Customer Experience Team,
Email: hrcustomerexperience@buckinghamshire.gov.uk
Telephone: 01296 382 233
Breaks in service
Staff who have a break in service of longer than three months are deemed to be new starters on any return to work with the school or council. They will usually be required to have a new DBS check on returning to work.
Periods of maternity leave and long term sickness absence are excluded when computing a break of service.
Starting work without a check
An individual should not begin working until the DBS Certificate has been received.
In exceptional circumstances, an individual may begin work on completion and submission of a risk assessment form completed and authorised by the headteacher.
The DBS check must be in process with the DBS before a risk assessment and barred list check can be used.
Step 1
- Request Consent: Ask the applicant to complete the Regulated activity barred list consent form. This form enables you to perform the barred list check/s.
- Gather Information: Collect all the surnames the applicant has been known by and their date of birth.
- Login details: If you don’t have a DfE account, follow the on-screen instructions on the following link Department for Education (DfE)
Step 2
- Perform the Check: Access the Department for Education (DfE) website and perform the barred list check/s. Conduct the check for each previous surname. Save the results from each name check together in one document (e.g. via screen prints)
- Accuracy Matters: Ensure that all surnames are checked, and the applicant’s date of birth is correct. Incorrect or incomplete information will render the barred list check invalid.
You must contact the Disclosure and Barring Service (DBS) if a check shows an alert, as this means there is a possible match.
Step 3
Complete the risk assessment e-form and attach the:
- Regulated activity barred list consent form
- Barred list check result (screenprint/prints for multiple names, saved in a word document)
Electronic Risk Assessment Guidance
Step 4
The pre-employment risk assessment and supporting paperwork must be checked and approved by the DBS/Safeguarding in Employment Team before the person can start.
You will receive confirmation from the DBS/Safeguarding in Employment Team that the pre-employment risk assessment has been approved and you will need to upload this to the electronic Schools Notification of Appointment Form.
A copy of the pre-employment risk assessment and child barred list check is required to be sent to HR for retention on the personal file. Once the certificate has cleared, send a copy of the clearance email to HR for retention on the personal file.
Disclosure of criminal convictions during employment and transfer of risk
All employees owe a duty of trust and confidence to the council. If at any time during the course of employment an employee is charged with or convicted of a criminal offence, this should be disclosed at the earliest possible opportunity.
The council will then assess whether or not the charge or conviction affects the employee’s suitability to perform their role and their continued employment. Motoring offences that are dealt with by way of a fixed penalty notice do not need to be disclosed except where employees are required to drive council vehicles as part of their role, or where it results in disqualification from driving, and the employee is required to drive in order to perform their role or a substantial proportion of their role.
Transfer of risk is where criminal information (as above) relating to another member of an employee’s household could have an impact on an employee’s capacity and capability to undertake a job role satisfactorily. An employee will be informed of any job role that includes a requirement to disclose any criminal information (as above) of any household member of an employee. A risk assessment process will be completed by relevant managers where information of that nature is disclosed which will include an impact assessment on an employee’s job role and any recommendations for modifying an employee’s job role.
Failure to disclose relevant information in accordance with the above requirements will be regarded as serious misconduct and may lead to formal disciplinary action including dismissal.
Any information disclosed by an employee will be kept confidential and will be shared only with any managers or employees who need to know as part of any decision making process. All information will be stored securely.
Reporting concerns
Social workers must report concerns about significant harm to their line manager. All other workers should report concerns about significant harm to children or young people, to the Local Authority Designated Officer (LADO) for Child Protection.
Concerns about significant harm to adults with care and support needs (applies to some special schools only) should be reported to Safeguarding Adults First Response. All workers may report concerns through the council's Confidential Reporting/Whistleblowing Policy.
Further information can be obtained from the HR Customer Experience team: hrcustomerexperience@buckinghamshire.gov.uk
DBS certificate security features
As part of a safer recruitment decision-making process, where appropriate, an original DBS certificate must be seen.
Copies of digital photographs are not acceptable and must be rejected.
A DBS certificate contains the DBS logo on the front face and contains a number of security features which can be used to verify whether it has been counterfeited or altered.
When examining a DBS certificate, make sure to check:
- the certificate has printing on both sides
- the paper size is 209mm width x 404mm length, which is larger than A4
- the personal information print colour on the certificate is purple
- a 'crown seal' watermark repeated down the right-hand side of the certificate is visible both on the surface and when holding the certificate up to the light
- a background design with the word 'Disclosure' appears in a wave-like pattern across both sides of the document (on the front of the certificate this pattern is green and on the rear of the document this is purple)
If you are unsure whether a DBS certificate is genuine, or you think that it may have been altered, you should contact the DBS immediately at FDIT@dbs.gov.uk.
If you are presented with a clear certificate and after checking the Update Service it states “no further information on certificate,” contact the DBS at FDIT@dbs.gov.uk, as the certificate may have been tampered with.
Manual DBS certificates
These are issued where the way information has been recorded on the Police National Computer (PNC) means that full information is not picked up when being transferred from that system (PNC) to the DBS.
Manual certificates are formatted slightly differently than a system generated certificate but are produced on official DBS paper which has a number of built in security features.
Manual certificates are printed on A4 white paper with the word 'Disclosure' in wave pattern, green on both sides running edge to edge. This feature is so the paper cannot be copied due to no water marks on the paper we use.
A manual certificate will always:
- have a certificate reference number on either starting MD, LM or RE
- use black ink
- state how many pages are to follow on the first page
- be numbered at the bottom of the certificate and the numbers should flow in sync