About Disclosure & Barring Service (DBS) checks
All charities have a responsibility to ensure that those who act on their behalf are suitable for the role that they are given and that they are competent to fulfil it. The process of appointing staff or volunteers to such roles is referred to as “Safe recruitment”. One component of a safe recruitment system is background checking.
Some roles involve what is referred to as regulated activity. This means that there are specific legal duties related to the type of activity. Regulated activity is defined in relation to some locations, such as schools or specific activities such as training and coaching.
It is important to understand that to allow a person to engage in a qualifying regulated activity without the appropriate checks is illegal, however, it is also illegal to check an individual whose role does not qualify for a check. It is thus important that careful attention is paid to the recruitment processes and checking individuals.
Where to start
Firstly you need a to have a safeguarding policy in place ensuring it covers how you will manage DBS data and the storage and retention of records and you need something in the policy around working with ex-offenders.
About DBS checks
Information about DBS checks can be found on the DBS website and there is also an eligibility checker that you can use to help you decide what level of check is appropriate to a specific role. You can click this link to use the eligibility checker.
There are 4 levels of DBS Check that are available. The four levels each have their own eligibility criteria and it is important to ensure that when a DBS check is run, the correct check is requested. This can be confusing so please don’t worry if you are struggling. CSS are happy to advise where needed but the eligibility checker (see previous paragraph) is also very useful.
In addition to the 4 levels of DBS checks, checks can be run against:
- The adults list (for those working with adults)
- The children’s list (for those working with children)
- Both lists (for those who work with both children and adults
A person becomes an adult on their 18th birthday.
About regulated activity
A key concept when considering which check to run is the definitions of “regulated activity”. This is activity about which the government have provided regulations that must be adhered to. Regulated activity is defined differently for children and adults.
Regulated activity with children
All children, by virtue of their age and developmental stage are considered vulnerable. Regulated activity with children, therefore, applies to anyone under the age of 18. Activities with children that are classified as “Regulated Activity” include, but are not limited to:
- Teaching, training or instruction
- Care or supervision of children
- Moderating a web service wholly or mainly for children
- Advice or guidance wholly or mainly to children
- Driving a vehicle for children
Regulated activity with adults
Regulated activity with adults applied to “adults with care and support needs” or “Adults at risk of abuse” (sometimes referred to as “adults in need of protection”). These categories are defined in the care act 2014. Adults with care and support needs are defined as adults who require support with basic and essential tasks such as personal care (washing, toileting, dressing / undressing) cooking, cleaning, shopping, managing finances) etc. “Adults at risk of abuse” are “adults with care and support needs” (as defined above) who are also at risk of abuse and who, due to their support needs, are unable to protect themselves against that abuse. When supporting or working with such adults, regulated activity includes, but is not limited to:
- Providing personal care to adults, including physically assisting, prompting and then supervising, or training, instructing or providing advice or guidance to adults on eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails where this is done because of the adult’s age, illness or disability
- Providing day to day help with somones homes because their age, illness or disability means they need this help, and where it includes at least one of the following: −
- managing their cash
- paying their bills
- doing their shopping
- Transporting adults to or from appointments involving the provision of health care, personal care, or social work. This includes drivers and assistants (except taxi drivers and private hire drivers), hospital porters, patient transport service drivers and assistants, ambulance technicians and emergency care assistants
People who provide supervision or management to those in regulated activity are also engaging in regulated activity. The main leader of a religious institution is also considered to be regulated activity.
The 4 levels of DBS checks are:
- Basic DBS check
- Can be run on anyone who gives their consent
- Shows unspent convictions and conditional cautions
- A basic DBS check is the only level of check that an individual can run on themselves. All other levels must be requested by the employing organisation
- Standard DBS check
- It is unlikely that within a church context a standard DBS check would be appropriate.
- Standard checks only apply to specific roles. Details of qualifying roles can be found in the DBS service guidance using this link.
- Shows spent and unspent convictions and adult cautions, from the Police National Computer which have not been filtered in line with legislation
- Enhanced DBS check
- Can be run on staff or volunteers who engage in regulated activity infrequently, but more than once.
- Details of qualifying activity with children can be found in the DBS service guidance using this link.
- Details of qualifying activity with adults can be found in the DBS service guidance using this link.
- Shows the same information as a standard DBS check plus any information held by local police that is considered relevant to the role, spent and unspent convictions, and adult cautions from the Police national computer that have not been filtered in line with legislation.
- Enhanced DBS check with barred list check
- Must be run on those who engage in regulated activity on a regular basis.
- the same as an enhanced check plus whether the applicant is on the adults’ barred list, children’s barred list or both
Other useful information and guidance
- The disclosure and barring service website
- DBS checks: detailed guidance
- DBS guidance leaflets
- DBS guidance for employers
- Regulated activity for working with adults
- Regulated activity in relation to children: scope
- DBS checks for working with children in places of worship
Our DBS charges
In order to process DBS checks using CSS’s DBS system:
- You need to be a paid member to process DBS checks. You can register for membership here. Access to the system will be removed if you cancel or do not renew your membership. Memberships cost £75 per year for a DBS membership and £150 per year for a comprehensive Gold membership which includes the DBS service
- You will also need to register to process DBS checks. You can do so by completing this form.
CSS charge an administration fee of £8.50 (including VAT) per DBS check that is submitted to the DBS, regardless of the level of check or whether it is for a volunteer or paid member of staff. Please note that CSS are charged for any checks that are cancelled after they have been submitted, and therefore we will pass that cost on to you.
In addition to the administration fee, there may be a charge to pay to the DBS themselves. If the DBS levy an additional charge, CSS will pass that on at cost to yourselves since we cover our costs through the administration fee. The Disclosure and Barring Service will levy a charge for:
- All basic checks, whether for a volunteer or paid member of staff
- Standard or enhanced checks for paid staff
DBS update service
Typically speaking we recommend that churches and other Faith Based Organisations update DBS checks on staff and volunteers at least every three years. Usually DBS checks are not transferrable between organisations.
The DBS service addresses both of these matters. DBS checks can be registered with the update service within 28 days of the issue date. It is important to note that the 28 days runs from the issue date (which is on the certificate) not the date on which it is received. Once registered, any changes are recorded on the update service. The benefit of the update service is that the check can be transferred between organisations so long as it is at least at the level that is required for the role and run against the correct workforce. Thus, the individual does not have to keep completing new DBS checks for different organisations.
In addition, there is no need to re-run the DBS check every three years since any changes from the original check can be viewed using the update service.
For paid staff, there is an annual charge payable directly to the update service, however, volunteers are not charged for the update service. It makes sense for volunteers and for the organisation, for them to register for the service.
CSS are able to automatically check the update service, however there is a charge of £3.50 for this check. We therefore recommend that for most organisations it is better not to register for the automated checking service.