Disclosure and Barring

Contents

1. Introduction
2. Barred Lists and Referral
3. Criminal Records Checks
4. Regulated Activity
   
   Further Information
   
   Amendments to this Chapter

1. Introduction

In December 2012, the Disclosure and Barring Service (DBS) replaced the Independent Safeguarding Authority and the Criminal Records Bureau.

The DBS aims to ensure that unsuitable people do not work with Children or Adults at Risk, whether in paid employment or on a voluntary basis.

The provision in section 35 of the UK Safeguarding Vulnerable Groups Act 2006 that requires employers in the health, care and education sectors in England to make referrals to the DBS about their (former) employees, in certain circumstances, have not been extended to Jersey although work is ongoing with authorities in the UK with a view to extension of the provisions. In Jersey, therefore, any referrals to the DBS must be considered in the context of the Data Protection (Jersey) Law 2005 and the framework of the Human Rights (Jersey) Law 2000.

2. Barred Lists and Referral

There are two barred lists maintained by the Disclosure and Barring Service:

• Persons barred from working with children;
• Persons barred with working with Adults at Risk.

Therefore:

• A person who is barred from working with children or Adults at Risk should not work or volunteer, or try to work or volunteer, with those groups;
• Advice should be sought from Human Resources and legal advice may be required from the Law Officers Department if an organisation is concerned they may knowingly employ someone who is barred from working with those groups;
• An organisation must consider informing the Disclosure and Barring Service if a member of staff or a volunteer is dismissed because they have harmed a child or adult at risk, or would have been dismissed if they had not left the organisation and advice from the Law Officers Department must be sought before any referral is made.

For further information see the Disclosure and Barring Service website.

3. Criminal Records Checks

The Disclosure and Barring Service aims to help Jersey employers make safer recruitment decisions by identifying candidates who may be unsuitable for certain types of work, by way of criminal records checks.

These can be either a standard or enhanced disclosure depending on the duties of a particular position or job. In addition to information about a person's criminal record, an enhanced disclosure contain details of whether a person is recorded as barred from working with children or Adults at Risk; this is not so with a standard disclosure.

There is an optional Disclosure and Barring Service Update Service. Instead of a new criminal records/Barred Lists check being necessary whenever an individual applies for a new paid or voluntary role working with Adults at Risk, individuals can opt to subscribe to the online Update Service. This will allow them to keep their criminal record certificate up to date, so that they can take it with them from role to role, within the same workforce.

Employers do not need to register, but can carry out free, instant, online status checks of a registered individual’s status. A new DBS check will only be necessary if the status check indicates a change in the individual’s status (because new information has been added).

4. Regulated Activity

Regulated Activity is work which involves close and unsupervised contact with vulnerable groups including children and adults at risk and which cannot be undertaken by a person who is on the Disclosure and Barring Service's Barred List.

Caption: further information

Further Information DBS Checking Service Guidance See also the Disclosure and Barring Service website. Jersey uses the Disclosure and Barring Service (DBS) to help employers make safer recruitment decisions. The Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 lists the types of work, employment or professions eligible for a DBS check. To make a DBS application, you should obtain a form from the person who informed you of the need for a check. Amendments to this Chapter This chapter was added to the manual in June 2015.

End.