SL76-DBS Checks Policy

Registration Number: {{org_field_registration_no}}

DBS Checks Policy

1. Purpose

The purpose of this policy is to ensure that all staff and volunteers at {{org_field_name}} undergo appropriate Disclosure and Barring Service (DBS) checks in compliance with the Care Quality Commission (CQC) regulations, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Safeguarding Vulnerable Groups Act 2006, and the Rehabilitation of Offenders Act 1974. This policy ensures that only suitable individuals are employed in roles involving the care and support of vulnerable adults.

2. Scope

This policy applies to all employees, volunteers, agency staff, contractors, and any individuals engaged in regulated activities within {{org_field_name}}. It sets out:

Types of DBS checks required
Procedures for conducting checks
Handling of disclosure information
Risk assessment and decision-making
Re-checking and monitoring processes

3. Related Policies

Safeguarding Adults from Abuse and Improper Treatment Policy (SL13)
Recruitment and Selection Policy (SL30)
Whistleblowing (Speaking Up) Policy (SL29)
Confidentiality and Data Protection (GDPR) Policy (SL34)
Good Governance Policy (SL04)

4. Policy Statement

{{org_field_name}} is committed to providing a safe and secure environment for the people we support. We will ensure that all individuals employed or engaged in regulated activities have undergone appropriate DBS checks, in line with CQC requirements and safeguarding best practices. DBS checks form an essential part of our safe recruitment process.

5. Types of DBS Checks

There are three levels of DBS checks applicable to staff working in supported living services:

5.1 Basic DBS Check

Provides information on unspent convictions.
Required for roles that do not involve direct care but may have access to sensitive information (e.g., administrative staff).

5.2 Standard DBS Check

Provides information on spent and unspent convictions, cautions, reprimands, and warnings.
Required for staff with supervisory responsibilities but who do not provide direct care.

5.3 Enhanced DBS Check

Includes the same information as the Standard DBS Check but also includes any relevant information held by the police.
Required for all frontline care staff, managers, and volunteers working directly with vulnerable adults.
May include a check of the Barred List to ensure individuals are not prohibited from working with vulnerable people.

6. DBS Check Procedures

6.1 Pre-Employment DBS Checks

All new staff members must undergo an Enhanced DBS Check before starting their role.
Conditional offers of employment will be made subject to a satisfactory DBS check.
Applicants must complete the DBS application form and provide the necessary identification documents.
{{org_field_name}} will verify documents and submit applications through an approved DBS Umbrella Body.
Staff will not commence work until their DBS clearance is received, unless a DBS Risk Assessment has been completed and approved.

6.2 Ongoing and Re-Checking Procedures

DBS checks will be renewed every three years, in line with best practice and CQC expectations.
Staff are encouraged to sign up for the DBS Update Service, which allows ongoing status checks.
If a staff member changes roles, a new DBS check may be required depending on their responsibilities.

6.3 Portability of DBS Checks

{{org_field_name}} does not accept DBS certificates from previous employers unless the individual is signed up for the DBS Update Service.
If a candidate is registered with the DBS Update Service, a status check will be conducted instead of a new DBS application.

7. Handling Disclosure Information

7.1 Confidentiality and Data Protection

All DBS certificate information will be handled in accordance with the Data Protection Act 2018 and GDPR.
DBS certificates will be stored securely, with access limited to designated personnel.
No information will be retained for longer than six months, in line with DBS guidelines.

7.2 Positive Disclosures (Criminal Convictions)

If a DBS check returns criminal history, a DBS Risk Assessment will be conducted.
Decisions on employment will consider:
- The nature of the offence.
- Whether it is relevant to the role.
- How long ago the offence occurred.
- Any patterns of offending.
- Any mitigating circumstances.
Employment offers may be withdrawn if the individual poses a risk to service users.

8. Risk Assessment and Decision-Making

8.1 Assessing Risk

A DBS Risk Assessment will be conducted for any individual with a disclosed conviction.
The Registered Manager and HR Lead will assess whether the risk can be managed within the service.
The final decision will be made in accordance with CQC guidelines and safeguarding policies.

8.2 Appeals Process

Individuals have the right to challenge the decision through {{org_field_name}}’s appeals process.
Appeals must be submitted in writing and will be reviewed by a senior manager not involved in the initial decision.

9. Responsibilities

9.1 Registered Manager

Ensures all staff have appropriate DBS clearance before employment begins.
Conducts risk assessments where necessary.
Monitors DBS re-checks and compliance.

9.2 HR Department

Processes DBS applications and ensures correct documentation is provided.
Maintains secure records of DBS checks and updates.

9.3 All Staff

Must disclose any new criminal convictions immediately.
Must register for the DBS Update Service, if required.
Must comply with all safeguarding and recruitment policies.

10. CQC Compliance

This policy aligns with the following CQC regulations:

Regulation 13: Safeguarding Service Users from Abuse and Improper Treatment – Ensuring staff suitability to protect individuals from harm.
Regulation 17: Good Governance – Implementing robust recruitment processes and record-keeping.
Regulation 19: Fit and Proper Persons Employed – Ensuring individuals in positions of trust are suitable and safe to work with vulnerable adults.

11. Policy Review

This policy will be reviewed annually, or sooner if legislative changes, CQC regulations, or operational requirements necessitate amendments.

For further guidance, contact {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}, Registered Manager at {{org_field_email}}.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.