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Registration Number: {{org_field_registration_no}}

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DBS Checking Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} conducts Disclosure and Barring Service (DBS) checks in compliance with legal and regulatory requirements, ensuring that only suitable individuals are employed to work with vulnerable adults. This policy sets out the processes for requesting, managing, and reviewing DBS checks to safeguard service users and maintain the highest standards of care and security.

This policy aligns with:

• The Regulation and Inspection of Social Care (Wales) Act 2016, which mandates that care providers conduct DBS checks on all staff working with vulnerable individuals.
• The Safeguarding Vulnerable Groups Act 2006, which outlines legal responsibilities regarding barring unsuitable individuals from regulated activities.
• The Rehabilitation of Offenders Act 1974, which defines how criminal records are disclosed and considered during employment.
• Care Inspectorate Wales (CIW) guidance, which requires care providers to implement robust safe recruitment policies and background checks.
• The General Data Protection Regulation (UK GDPR), ensuring confidentiality and data protection when handling DBS information.

2. Scope

This policy applies to:

• All employees, including permanent, temporary, agency, and volunteer staff.
• Contractors or external service providers, where roles involve direct contact with service users.
• Job applicants, ensuring that all new hires meet safety and suitability criteria.

The policy covers:

• The types of DBS checks required.
• The process for obtaining and renewing DBS checks.
• How DBS information is handled and stored.
• Decision-making processes regarding criminal records.

3. Types of DBS Checks Required

3.1. Levels of DBS Checks

Different levels of DBS checks apply depending on the role:

Standard DBS Check

• Reveals spent and unspent convictions, cautions, reprimands, and warnings.
• Typically required for administrative or non-care roles with limited service user contact.

Enhanced DBS Check

• Includes all information from the Standard Check plus additional details from police records.
• Required for care workers, nurses, and roles with direct service user contact.

Enhanced DBS Check with Barred List Check

• Includes all information from the Enhanced Check plus a check against the Adult Barred List.
• Mandatory for roles involving direct personal care or unsupervised access to vulnerable adults.

All DBS checks must be updated every three years, or sooner if required under risk assessment or regulatory changes.

4. DBS Application and Renewal Process

4.1. New Staff and Recruitment Procedures

• All job offers at {{org_field_name}} are conditional on a satisfactory DBS check.
• DBS applications are initiated before employment commences, and staff cannot start work until results are received or a supervised risk assessment is completed.
• If an applicant is on the Adult Barred List, they will be immediately disqualified from employment.
• All roles requiring an Enhanced DBS Check must be clearly specified in job descriptions and recruitment materials.

4.2. Renewing DBS Checks for Existing Staff

• DBS checks are renewed every three years to ensure continued suitability.
• If a staff member changes roles, a new DBS check may be required depending on their responsibilities.
• Staff are encouraged to subscribe to the DBS Update Service, allowing ongoing status checks without requiring a new full application.

4.3. Handling Delayed or Pending DBS Checks

If a DBS check is delayed, the following measures are implemented:

• The staff member is placed on restricted duties, ensuring no unsupervised access to service users.
• A risk assessment is conducted, determining if temporary employment under supervision is appropriate.
• A provisional start date is agreed, pending the receipt of a clear DBS certificate.

5. Managing DBS Disclosures and Criminal Records

5.1. Handling Criminal Record Information

If a DBS check reveals a criminal record, the following steps are taken:

1. Assessment of the Offence – Consideration is given to the nature, severity, and date of the offence.
2. Discussion with the Candidate or Employee – The individual is invited to discuss the disclosure confidentially.
3. Risk Assessment – Factors such as repeat offences, rehabilitation, and relevance to the role are assessed.
4. Decision-Making Panel – The Registered Manager and HR review the case and determine suitability for employment.
5. CIW Notification – If required, any significant findings are reported to Care Inspectorate Wales (CIW).

Minor offences, not relevant to the role, do not automatically disqualify candidates. However, any offences related to abuse, neglect, fraud, or violence may result in immediate disqualification from employment.

5.2. Right to Appeal

Applicants or staff members have the right to:

• Appeal decisions regarding employment suitability.
• Provide additional information or references to support their case.
• Challenge inaccurate DBS disclosures through the DBS dispute resolution process.

6. Confidentiality and Data Protection

6.1. Secure Storage and Access

• DBS certificates and results are not retained beyond six months, in compliance with UK GDPR and DBS Code of Practice.
• DBS records are stored electronically in a secure, password-protected system.
• Only authorised personnel (HR, Registered Manager) have access to DBS information.

6.2. Compliance with GDPR and Data Protection

• DBS data is handled lawfully, fairly, and securely.
• Staff members must not share or disclose DBS results without explicit authorisation.
• Any data breaches must be reported immediately to the Data Protection Officer: {{org_field_data_protection_officer_first_name}} {{org_field_data_protection_officer_last_name}}.

7. Managing DBS Checks Efficiently

7.1. Leadership and Accountability

• The Registered Manager oversees DBS compliance, renewals, and decision-making.
• HR personnel manage DBS applications and records.
• Senior management ensures that staff recruitment follows CIW regulations.

7.2. Staff Training and Awareness

• All staff receive training on DBS requirements and safeguarding responsibilities.
• Annual refresher courses reinforce the importance of safe recruitment and background checks.
• Managers receive specialist training in assessing DBS disclosures and making employment decisions.

7.3. Monitoring and Continuous Improvement

• Monthly audits ensure all DBS checks are up to date.
• DBS procedures are reviewed annually to reflect legal updates and best practices.
• Feedback from CIW inspections is used to improve DBS management processes.

8. Related Policies

This policy works alongside:

• CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CHW16 – Health and Safety at Work Policy
• CHW26 – Recruitment, Selection, and Retention Policy
• CHW29 – Whistleblowing (Speaking Up) Policy
• CHW34 – Confidentiality and Data Protection (GDPR) Policy

9. Policy Review

This policy is reviewed annually, or sooner if there are legislative updates, CIW requirements, or safeguarding concerns.

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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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