N28. Disclosure and Barring Service: Handling and Security of DBS Disclosure Information

Scope and Purpose of Policy

This policy outlines {{org_field_name}}’s approach to the handling and security of information obtained as a result of receiving Disclosure and Barring Service (DBS) criminal records checks. The policy applies to all staff groups for whom criminal records checks are required in line with the Protection of Freedoms Act 2012.

As the law stands {{org_field_name}} is required to make criminal records checks for successful applicants of all care-related positions, particularly those that fall within the description of “regulated activity” (as defined by the Protection of Freedoms Act 2012). These are made by carrying out DBS checks in line with its procedures.

All care worker roles are defined as regulated activity and, therefore, {{org_field_name}} is required to carry out enhanced criminal records checks of all successful applicants for these posts. As a result, {{org_field_name}} is required to “handle” the information that they receive from these checks with great care and sensitivity in line with data protection laws and the DBS’s own Code of Practice.

{{org_field_name}} will therefore:

comply with the law and use the DBS to obtain information to enable it to assess the suitability of applicants for employment in positions of trust
comply with the DBS Code of Practice and not discriminate unfairly against any subject of a DBS disclosure on the basis of conviction or other information revealed; having a criminal record does not necessarily bar an applicant from working for {{org_field_name}}, as the nature of a disclosed conviction and its relevance to the post in question will be considered first
use the information it receives from the checks only for the purpose of confirming an applicant’s eligibility and suitability for the post to which the person has been appointed
comply with DBS guidance and Code of Practice regarding the secure storage, handling, use, retention and disposal of DBS disclosures and disclosure information, and with its obligations under the Data Protection Act and the General Data Protection Regulation from May 2018.

Criminal Records Disclosures and Data Protection Procedures

DBS disclosure information will not be stored on an employee’s personnel file but will be stored separately in lockable storage or secure computer files with access limited to those who are entitled to see it as part of their duties.
DBS disclosure information will only be used for the specific purpose for which it was requested and for which the applicant’s full consent will have been obtained.
Under DBS systems that have been developing since 2012, DBS certificates are sent only to the individual applicant. An annual fee is required to keep registration up to date, otherwise further renewals will not be necessary. Employers are able to check employees’ DBS certificates by registering with the DBS online updating service. They can check the individual employee’s current DBS status at any time by using the updating service.
Our policy is to review at least annually an employee’s DBS online certificate in line with the annual renewal of the person’s need to re-register. With staff who are not registered with the online service, we expect them to obtain a new certificate at least every three years.
We would also expect any staff member who, when in our employment, is convicted of a criminal offence that could affect safety of people receiving care to inform {{org_field_name}} so that the appropriate action can be taken, eg a risk assessment and further checks or, where applicable, referral to a professional registration body.
Consideration is always given to the data protection rights of the individual. When an employee leaves the employment of {{org_field_name}} any DBS disclosure information previously recorded is destroyed or deleted.

{{org_field_name}} will amend its policy in line with any changes made to the DBS Code of Practice and any other changes to the relevant legislation and DBS procedures.

Reference: GOV.UK.

Reviewed on: {{last_update_date}}

N28. Disclosure and Barring Service: Handling and Security of DBS Disclosure Information