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WHAT IS THE DISCLOSURE AND BARRING SERVICE (“DBS”), CRIMINAL RECORD AND BARRED LIST CHECKS?
Some organisations will have volunteers and staff in roles that require DBS checks (formerly CRB checks). These kinds of roles are usually those that involve close and unsupervised contact with vulnerable adults and children. For an organisation to request a Disclosure and Barring Service (DBS) check, they must be sure that the role is eligible for a check.
The ability for an employer or voluntary organisation to ask an individual to apply for a (DBS) check, at either Standard or Enhanced level, is set out in legislation. Eligibility is based upon the nature of the duties for the speci c position – therefore there cannot be a blanket policy on DBS checks. To be eligible for a DBS check, a position must be:
Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 – this entitles the position to a standard level check only
Prescribed in The Police Act 1997 (Criminal Records) Regulations – this entitles the position to an enhanced level check. These are for posts that involve a far greater degree of contact with children or vulnerable adults. In general the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a teacher, scout or guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences
Charity trustees of charities that work with children or vulnerable adults are entitled to obtain an of cial criminal record check through the Disclosure and Barring Service, known as an enhanced DBS check (previously known as a CRB check). The Commission strongly recommends that all charity trustees of charities that work with children or vulnerable adults obtain a DBS check, where eligible to do so.
An enhanced DBS check will disclose all of the following:
Criminal convictions (spent and unspent)
Cautions (spent and unspent)
Police reprimands and warnings
Other relevant police information
Information held on the statutory lists of individuals considered unsuitable to work with children or vulnerable adults (barred list check), where appropriate to the post
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