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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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DBS Checks Policy

1. Purpose

This policy ensures that all staff members employed by {{org_field_name}} have undergone appropriate Disclosure and Barring Service (DBS) checks in compliance with Regulation 19: Fit and Proper Persons Employed under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The policy outlines the process of obtaining, verifying, and reviewing DBS checks to safeguard the people we support and maintain legal compliance.

2. Scope

This policy applies to:

• All employees, including permanent, temporary, and agency staff.
• Volunteers, students, and contractors who work directly with the people we support.
• Any external professionals engaged in delivering care or support services within {{org_field_name}}.
• Staff undergoing internal promotions to positions requiring a different level of DBS clearance.

3. Related Policies

This policy should be read alongside:

• CH02 – Fit and Proper Persons: Employed Staff Policy
• CH13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CH26 – Recruitment, Selection, and Retention Policy
• CH28 – Staff Conduct and Code of Ethics Policy
• CH40 – Assisting with Personal Care Policy

4. DBS Check Requirements and Process

4.1. Legal Requirements for DBS Checks

• Enhanced DBS checks with barred list checks are mandatory for all care staff, as they work in regulated activity with vulnerable adults.
• Standard DBS checks may be required for administrative or support roles that do not involve direct care.
• Basic DBS checks may be conducted for ancillary staff who do not engage in regulated activity but still work within the care home premises.
• The organisation complies with the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Care Act 2014, ensuring that spent convictions are considered fairly.

4.2. Recruitment and Pre-Employment DBS Screening

• All job applicants must complete a DBS application as part of the pre-employment checks.
• The recruitment team will assess whether the role requires a Basic, Standard, or Enhanced DBS check.
• Conditional offers of employment will state that employment is subject to a satisfactory DBS check.
• If a DBS check is not completed before the start date, new employees may not begin work unsupervised.
• All applicants must disclose any criminal history that may affect their role before the DBS check is completed.

4.3. Renewal and Continuous Monitoring of DBS Checks

• All DBS checks must be renewed every three years.
• Employees are encouraged to subscribe to the DBS Update Service, allowing for real-time monitoring.
• If an employee’s circumstances change (e.g., a new criminal conviction), they must inform the Registered Manager immediately.
• If a DBS renewal identifies new convictions, a risk assessment will be conducted to determine suitability for continued employment.

4.4. Handling and Storage of DBS Information

• DBS certificates will only be viewed and not stored, in compliance with GDPR and Data Protection Act 2018.
• A DBS record log will be maintained with details of:
  • Date of check completion.
  • DBS reference number.
  • Type of check conducted.
  • Outcome (satisfactory/unsatisfactory).
• Only authorised personnel, such as the Registered Manager or HR team, will have access to DBS check records.

4.5. Managing Positive Disclosures

• If a DBS check reveals criminal convictions, a DBS Risk Assessment Form will be completed.
• Each case will be considered individually, taking into account:
  • The nature of the offence(s).
  • The time elapsed since the conviction.
  • The relevance to the role.
  • Any mitigating circumstances provided by the applicant.
• If the risk assessment deems the person unsuitable, employment will not proceed.
• If employed staff disclose a conviction post-employment, an immediate risk assessment will be conducted, and suspension may be considered.

4.6. Agency and Temporary Staff DBS Checks

• All agency staff must provide evidence of an up-to-date enhanced DBS check.
• A signed declaration from the agency confirming compliance with DBS requirements must be obtained.
• Temporary or bank staff employed directly by {{org_field_name}} will undergo the same DBS process as permanent staff.

5. Implementation and Monitoring

5.1. Staff Training on DBS Processes

• HR and recruitment teams must receive training on DBS check requirements, legal frameworks, and handling of disclosures.
• All staff must be informed of their responsibilities in reporting criminal convictions.
• Staff must be educated on how DBS checks contribute to safeguarding the people we support.

5.2. Auditing and Compliance Checks

• The Registered Manager will conduct quarterly audits of DBS records to ensure compliance.
• Spot-checks will be carried out to ensure that no staff member is working without a valid DBS certificate.
• Any non-compliance identified in audits will require immediate corrective action, which may include suspension of employment.

5.3. Handling Disputes and Appeals

• If an applicant or employee disputes the outcome of their DBS check, they must raise the issue with the Disclosure and Barring Service directly.
• The organisation will only reconsider employment if an official DBS correction is issued.
• Staff may appeal risk assessment decisions in writing to the Registered Manager and Nominated Individual for reconsideration.

6. Responsibilities

6.1. Registered Manager

• Ensures compliance with DBS legislation and this policy.
• Conducts risk assessments for positive disclosures.
• Maintains and reviews DBS check records.

6.2. HR and Recruitment Team

• Verifies the type of DBS check required for each role.
• Ensures that all new staff have satisfactory DBS clearance before starting work.
• Monitors renewal of DBS checks and supports employees in registering with the DBS Update Service.

6.3. Employees

• Must disclose any changes in their criminal record immediately.
• Must comply with renewal requirements and update DBS information as required.
• Must ensure the accuracy of information provided in DBS applications.

7. Compliance with CQC Regulations

This policy aligns with:

• Regulation 19: Fit and Proper Persons Employed – Ensuring only suitable individuals are employed.
• Regulation 13: Safeguarding from Abuse and Improper Treatment – Preventing the employment of individuals who may pose a risk.
• Health and Social Care Act 2008 – Meeting all regulatory employment checks for care providers.

CQC inspectors will evaluate compliance by:

• Reviewing staff files for DBS check records.
• Auditing risk assessments for any positive disclosures.
• Checking recruitment processes to ensure DBS checks are completed before employment starts.

8. Policy Review

This policy will be reviewed annually or sooner if legislation changes or business needs evolve. Any updates will be communicated to staff, and necessary training will be provided.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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