If you dismiss or remove a person from regulated activity (or may have done so had they not left) because they have harmed or posed a risk of harm to a child or vulnerable adult, then you have a LEGAL duty to refer the person to the DBS.
The role of DBS 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 vulnerable adults. 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 vulnerable adults.
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 website for DBS is www.homeoffice.gov.uk/agencies-public-bodies/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.
- For further information regarding other recent changes to CRB visit the Association for Real Change Disclosure Service website.