DBS Referrals
Making Safeguarding Referrals to the Disclosure and Barring Service
If you dismiss or remove a person from regulated activity because they have harmed or posed a risk of harm to a child or to an adult with additional care and support needs, or may have dismissed them had they not left, then you have a LEGAL duty to refer the person to the DBS.
The DBS’s role is to make barring decisions about people who are referred to it, usually following an employer’s disciplinary process, with the possible consequence of the person being barred from working or volunteering with children and/or adults with additional care and support needs. The DBS uses a fair, thorough and consistent process that ensures that the decision it reaches is both proportionate and appropriate to the risk the person poses to children or to adults with additional care and support needs.
On 1 December 2012 the Independent Safeguarding Authority (ISA) and the Criminal Records Bureau (CRB) merged to form a new organisation, the Disclosure and Barring Service (DBS). The legal duty to make referrals remains, however referrals should now be addressed to the DBS.
The DBS’ website is http://www.homeoffice.gov.uk/DBS and provides a range of materials to help you to consider or make a referral. This includes a Referral Form, Referral Guidance, FAQs and a series of Fact Sheets.
You may also contact the DBS Helpline on 01325 953795 for information or advice about making a referral.
Disciplinaries, suspensions, or redeployment?
Do you know your referral duty?
Do you know that when you have cause to move or remove an employee (or may have done had they not resigned) because they have harmed a child or an adult with additional care and support needs, or there was a risk of harm, you have a LEGAL duty to refer the person to the Disclosure and Barring Service (DBS)? We know that many ‘regulated activity’ employers make referrals, but we believe that some employers might need more information to support them when safeguarding allegations arise. The DBS’ website is http://www.homeoffice.gov.uk/DBS and provides a range of materials to help you to consider or make a referral. This includes a Referral Form, Referral Guidance, FAQs and a series of Fact Sheets. You may also contact the DBS Helpline on 01325 953795 for information or advice about making a referral.
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