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There are 3 types of DBS clearances which return different levels of information about a person's criminal background and / or ability to work with children and /or adults. These are; standard DBS, Enhanced DBS and Enhanced DBS with barred list check. See Appendix E for more detail.
Not all roles that involve working with children or vulnerable adults require a DBS check and employers can only request a barred list check against specific roles. It is a criminal offence to undertake a DBS check when there is no requirement for one. It is therefore essential that the correct level of DBS check is identified against the role to ensure the appropriate safeguards are in place and no-one is checked unnecessarily.
The DBS requirements of roles within Cumbria County Council are held centrally against the post details within ITrent.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
Link to: People Management Portal
Senior Managers in conjunction with People Management / HR Provider should consider whether a role needs a DBS check in the following circumstances:
· When a new role is created
· Where the activities undertaken within the role change
· When there is a change in frequency of certain activities (e.g. the role now involves working with children more than once a week or more than 3 times a month when previously this was undertaken on an ad hoc basis)
· When the role's work base changes (e.g. where an office based admin role is relocated to work in a care home or school)
· When a line management role has a new responsibility and now supervises individuals that require a DBS check and /or will be undertaking regulated activity.*
*Regulated activity is activity that you are not permitted to undertake or seek to undertake if you are barred from working with children and / or vulnerable adults. Additionally, line managers should receive the same level of check of those within their team, provided the employee(s) they directly manage or supervise carry out their activity on "the front line". The regulations outlining what activities are regulated can be found in Appendix E.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
If a DBS is thought to be needed in the circumstances outlined above senior managers must take steps to assess the level of DBS check required. In the first instance, they should do this by completing the on-line eligibility assessment tool here: link to DBS Eligibility Tool.
This tool covers most roles, however if further clarification is needed, Senior Managers can refer to the regulations relating to regulated activity and the DBS workforce guidance which outlines the circumstances a check can be made. This information can be found in Appendix E.
Further advice can be sought from People Management / the HR Provider if needed.
If there is still a question about DBS eligibility, Senior Managers should contact DBS customer services for clarification. They can do this by emailing CustomerServices@dbs.gsi.gov.uk who will aim to respond within 10 working days. Any response received from the DBS regarding the DBS eligibility of a post should be forwarded to People Management.
The DBS eligibility must be indicated on the post specification for the job and this information should be signed off by the Assistant Director / Headteacher. The information should be sent to Service Centre/ HR Provider who will record the DBS eligibility against the role within iTrent or equivalent School Management information system.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Link to appendix E of the Procedure
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
DBS checks will be undertaken as part of the recruitment process or as part of an automated 3 yearly rechecking exercise.
If a new DBS check is required for reasons other than recruitment or rechecking, line managers / head teachers must inform the service centre/ school provider who will initiate the checking process.
There are currently no template letters or resources available for this step of the Safer Employment and Criminal Convictions procedure.
However if there are any resources or templates you feel would be beneficial, please request these by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
The DBS Update Service is an online service which enables employers, with the individuals' permission, to carry out free status checks on an individual's DBS certificate. The check will indicate whether there has been any change in the individual's criminal record status since their last DBS certificate was issued. If there has been a change, the employer can request the individual completes a new DBS check.
If an individual wishes to subscribe to the Update Service they have up to 30 days to apply from the issue date of their DBS certificate or once they receive the application form reference number and pay an annual subscription charge. There is no subscription charge for volunteers. Children's residential staff are required to register with the Update Service and therefore their subscriptions will be reimbursed.
The Council/School will ONLY accept a copy of a DBS certificate obtained through a previous employer where the individual has subscribed to the Update Service and their DBS certificate relates to their Update Service registration.
When offering an appointment, the manager/Headteacher should ask individuals if they are a member of the Update Service and if so:
• Confirm that their original DBS check covers the needs of the role (e.g. If they registered with the update service under a barred adults check, and the new role needs a barred Children's check, the update service cannot be used and a new DBS is needed)
• request that the individual provides their consent for the Council / School to check their Update Service status by completing the form which is available at Appendix B
• send the DBS Verification form to the Service Centre /HR Provider so the Update service check can be undertaken.
Further information is available at https://www.gov.uk/dbs-update-service
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Link to Appendix A of the Procedure
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
If an individual transfers to another role within Cumbria County Council, a Community School or Voluntary Controlled School, their move is classed as an internal move and their DBS will be transferable. This is provided that a) they have been working regularly in the position, b) there is no gap in employment and c) the same level of clearance is needed between their old and new role.
However, if the level of DBS clearance needed between their old and new role is different, managers need to consider if a new DBS check is needed. For example, if an existing employee has had a standard DBS check and they move to an internal position that requires an enhanced check, they will need a new DBS check as the level of clearance needed in the new role is higher than their existing role.
DBS checks are not "portable" where the individual changes employer, unless the individual is registered with the DBS Update Service. See appendix A for more details on the update service.
A tool to help assess if a new DBS is needed can be found in Appendix E.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Link to Appendix F of the Procedure
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.
Employees who occupy particular roles within Cumbria County Council will be required to undertake a new DBS check, every 3 years. Those registered with the update service will have their status checked no less than once every 3 years. Employees and managers will receive a reminder email if their DBS recheck is due.
Schools can request a DBS recheck for employees every 3 years should they wish to do so. Where rechecks are carried out, schools should ensure the information is recorded accordingly and NOT held against the Single Central Record which requires pre-employment DBS information.
The Council/School reserves the right to regularly check an individual's Disclosure and Barring Service (DBS) status where necessary.
There are currently no template letters or resources available for this step of the Safer Employment and Criminal Convictions procedure.
However if there are any resources or templates you feel would be beneficial, please request these by contacting a member of the People Management Service.
Any records relating to DBS data must be handled and recorded in line with DBS Data Handling, Use, Storage, Retention and Disposal procedure.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
If you would like advice, please contact the People Management Service via the People Management Portal link below and a member of the team will be in contact with you as soon as possible.