DC76-DBS Checks Policy

Registration Number: {{org_field_registration_no}}

DBS Checks Policy

1. Purpose and Scope

The purpose of this DBS (Disclosure and Barring Service) Checks Policy is to outline how {{org_field_name}} ensures that all employees, contractors, and volunteers working with vulnerable service users meet the highest standards of safety and integrity. This policy explains the process for conducting DBS checks, the different levels of checks, how results are managed, and how our company ensures compliance with legal and regulatory frameworks.

This policy applies to all employees, agency workers, contractors, and volunteers engaged in delivering or supporting domiciliary care services. It covers pre-employment checks, ongoing monitoring, and the management of any issues arising from DBS disclosures.

2. Policy Statement

{{org_field_name}}is committed to:

Ensuring the safety and well-being of service users by employing individuals who are suitable to work with vulnerable people.
Conducting thorough and appropriate DBS checks for all relevant roles.
Managing DBS disclosures fairly, consistently, and in line with data protection regulations.
Promoting a safe working environment while respecting the rights of employees and applicants.

3. Legal and Regulatory Framework

This policy aligns with the following legislation and guidelines:

Rehabilitation of Offenders Act 1974
Police Act 1997
Protection of Freedoms Act 2012
Care Act 2014
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Data Protection Act 2018 (GDPR)
CQC Fundamental Standards

Compliance with these standards ensures that our organisation maintains accountability, protects service users, and upholds the rights of individuals undergoing DBS checks.

4. Types of DBS Checks

There are three levels of DBS checks, each serving different purposes depending on the role:

4.1 Basic DBS Check:

Reveals unspent convictions only.
Required for non-care roles where access to vulnerable individuals is limited.

4.2 Standard DBS Check:

Reveals spent and unspent convictions, cautions, reprimands, and final warnings.
Typically required for administrative staff supporting care services.

4.3 Enhanced DBS Check:

Reveals spent and unspent convictions, cautions, reprimands, and any relevant information held by police.
Includes a check against the Children’s and Adults’ Barred Lists if the role involves regulated activity.
Required for all care staff, managers, and volunteers working directly with service users.

5. Roles Requiring DBS Checks

The following roles require DBS checks:

Care workers and healthcare assistants (Enhanced DBS with Barred List check).
Registered managers and supervisors (Enhanced DBS with Barred List check).
Office staff with access to service user information (Standard DBS).
Volunteers working with service users (Enhanced DBS).
Contractors with access to service users’ homes (Enhanced DBS).

6. Pre-Employment DBS Checks

All prospective employees and volunteers must undergo DBS checks before commencing work. The process includes:

6.1 Recruitment Stage:

Informing applicants that the role is subject to a DBS check.
Including DBS requirements in job advertisements and role descriptions.
Obtaining consent from applicants to conduct DBS checks.

6.2 Application Submission:

Candidates complete the DBS application form and provide identity documents.
The company verifies documents following DBS identity guidelines.

6.3 DBS Processing:

The DBS application is submitted through an approved umbrella body.
The company tracks the progress and follows up on delays.

6.4 Receiving Results:

The company receives notification of the DBS certificate.
Applicants are responsible for sharing the original certificate with the company.

7. Managing DBS Disclosures

If a DBS check reveals convictions or other information, the company follows a fair and consistent approach:

7.1 Risk Assessment:

The Registered Manager conducts a risk assessment to evaluate the relevance of the disclosure.
Factors considered include the nature of the offence, the time elapsed, and the individual’s role.

7.2 Meeting with the Applicant:

The applicant is invited to discuss the disclosure in confidence.
The company considers any explanations, rehabilitation efforts, and character references.

7.3 Decision-Making:

Decisions are based on safeguarding principles and fairness.
If the offence poses no risk, employment may proceed with appropriate safeguards.
If the offence raises concerns, the job offer may be withdrawn, or the individual may be reassigned to a non-regulated role.

7.4 Documentation:

All risk assessments and decisions are documented securely.
Disclosure information is handled in accordance with GDPR and DBS guidelines.

8. Ongoing Monitoring and Rechecks

DBS checks are not a one-time requirement. Our company ensures continued suitability through:

Annual Self-Declarations: Staff sign an annual declaration confirming no new convictions.
Periodic DBS Rechecks: Enhanced DBS checks are renewed every three years.
Change of Circumstances: Staff must report any new convictions immediately.
DBS Update Service: Encouraging staff to subscribe to the DBS Update Service for real-time monitoring.

9. Handling Positive DBS Checks

When a DBS check reveals a criminal record:

9.1 Assessing Relevance:

The Registered Manager reviews the nature, seriousness, and relevance of the offence.
Consideration is given to the role, service user safety, and company reputation.

9.2 Fair Assessment:

The applicant is given an opportunity to explain the circumstances.
Rehabilitation efforts and character references are taken into account.

9.3 Decision-Making:

If the offence does not impact the role, employment may proceed.
If concerns remain, the job offer may be withdrawn.

10. Data Protection and Confidentiality

All DBS information is handled securely and confidentially:

Secure Storage: DBS certificates and risk assessments are stored in locked, restricted-access files.
Limited Access: Only authorised personnel access DBS information.
Retention: DBS records are retained for no longer than six months after a recruitment decision.
Data Disposal: Expired records are securely shredded or deleted.

11. Staff Training and Awareness

All staff involved in recruitment and DBS management receive training on:

DBS processes, risk assessment, and decision-making.
Data protection and confidentiality requirements.
Safeguarding principles and safe recruitment practices.

Training is refreshed annually, and staff competency is regularly assessed.

12. Monitoring and Quality Assurance

We maintain high standards through continuous monitoring and improvement:

12.1 Internal Audits:

Regular audits of DBS records, risk assessments, and staff compliance.
Identifying trends, gaps, and areas for improvement.

12.2 Incident Reporting:

Recording and investigating any safeguarding concerns.
Implementing corrective actions and reviewing DBS processes.

13. Complaints and Appeals

Applicants and employees can raise concerns about the DBS process through our complaints procedure:

Submitting a complaint verbally or in writing.
Investigation by the Registered Manager.
Communicating outcomes and offering an appeal process.

14. Continuous Improvement

We are committed to continuous improvement through:

Regular policy reviews and updates based on best practices.
Staff feedback and safeguarding incident analysis.
Collaboration with regulatory bodies and industry partners.

15. Policy Review

This policy is reviewed annually or sooner if legislation, best practices, or company procedures change. The review process includes:

Assessing compliance with DBS regulations and safeguarding standards.
Gathering feedback from staff, service users, and stakeholders.
Implementing updates and ensuring staff are trained on any changes.

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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