Introduction:

Charities often work with vulnerable adults and children, making safeguarding a paramount concern. A key part of safeguarding is ensuring that individuals working within your organisation – whether paid employees or volunteers – are suitable for their roles. Disclosure and Barring Service (DBS) checks are a vital tool in achieving this. This blog post explores DBS checks within charities, covering different roles, scenarios, and appropriate levels.

What is a DBS Check?

A DBS check helps employers (and in this case, charities) make safer recruitment decisions. It provides information about an individual’s criminal record and, in some cases, whether they are barred from working with children or vulnerable adults. There are three main levels:

• Basic DBS Check: Reveals unspent convictions and conditional cautions.

• Standard DBS Check: Reveals spent and unspent convictions, cautions, reprimands, and warnings.

• Enhanced DBS Check: Includes all information from a Standard check, plus any relevant information held by local police forces. It may also include a check of the barred lists (for working with children and/or vulnerable adults).

DBS Checks for Paid Employees:

• Roles Directly Working with Vulnerable People: If a paid employee’s role involves regular contact with vulnerable adults or children (e.g., providing care, supervision, or teaching), an Enhanced DBS check with barred list check is generally required. This applies whether the contact is face-to-face or online.

• Roles Supervising Those Working with Vulnerable People: Supervisors of staff or volunteers directly working with vulnerable groups may also require an Enhanced DBS check with barred list check, depending on the level of supervision and potential for direct contact. Assess the role carefully.

• Roles with Limited or No Direct Contact: If a role has limited or no direct contact with vulnerable people (e.g., administrative staff in a separate office), a Basic or Standard DBS check may be sufficient, or a DBS check may not be required at all. Consider the potential for incidental contact and access to sensitive information.

DBS Checks for Volunteers:

• The “Regulated Activity” Test: The key consideration for volunteers is whether they are engaging in “regulated activity.” Regulated activity is a defined term and involves specific types of work with children or vulnerable adults. If a volunteer is engaging in regulated activity, they will usually require an Enhanced DBS check with barred list check.

• Examples of Regulated Activity with Children:

  • Teaching, training, instructing, caring for, or supervising children.

  • Providing advice or guidance related to a child’s well-being.

  • Driving a vehicle only for children.

  • Being in sole charge of children.

• Examples of Regulated Activity with Vulnerable Adults:

  • Providing healthcare.

  • Providing personal care (e.g., washing, dressing, feeding).

  • Providing social work.

  • Assisting with cash, bills, or banking.

• Roles Not Engaging in Regulated Activity: Volunteers in roles like fundraising, event organising (where they are not directly responsible for vulnerable people), or general administration may not require an Enhanced DBS check. A risk assessment should still be carried out. A Basic or Standard DBS check might be appropriate if there is some interaction with vulnerable people, but it isn’t considered regulated activity.

• Overseas Checks: If a volunteer has lived or worked overseas, consider obtaining an overseas criminal record check in addition to a DBS check.

Financial Management and DBS Checks:

• Trustees and Finance Staff: Individuals responsible for managing a charity’s finances, especially if those finances are used to support vulnerable individuals, should undergo a Standard or Enhanced DBS check. This is particularly important for roles with signatory authority or access to bank accounts. A higher level check may be needed if the role involves managing direct payments to vulnerable adults or children.

• Reasoning: While not directly providing care, financial mismanagement could have a significant impact on the vulnerable people the charity serves. A DBS check helps assess the individual’s suitability and trustworthiness.

• Specific Scenarios:

  • Handling Cash Donations: Volunteers or employees handling cash donations, especially at events, should be DBS checked.

  • Direct Payments to Beneficiaries: Those responsible for processing direct payments to vulnerable beneficiaries require Enhanced DBS checks.

DBS Levels: A Summary Table

Financial Information Regarding DBS checks

• Organisations must find the funds to ensure all employees who require a check have one.

• Charities can claim back the costs of Volunteer checks, and often do.

• An organisation can be fined if they employ a worker who is not DBS checked who should be.

• If employees are responsible for paying for their own DBS checks, it may impact employment rates.

Important Considerations:

• Risk Assessment: Always conduct a thorough risk assessment for each role to determine the appropriate level of DBS check. Consider the potential for contact with vulnerable people, the level of supervision, and the access to sensitive information.

• DBS Eligibility: You cannot request an Enhanced DBS check unless the role meets specific eligibility criteria. Check the official DBS guidance to ensure you are eligible.

• DBS Update Service: Encourage individuals to join the DBS Update Service. This allows them to keep their DBS certificate up-to-date and allows employers to check their status online.

• Safeguarding Policy: Your charity should have a comprehensive safeguarding policy that outlines procedures for recruitment, training, reporting concerns, and managing allegations.

• Review and Renewal: DBS checks do not have an expiry date. However, it’s good practice to review DBS checks periodically, especially if there are changes to the role or responsibilities. Consider repeating checks every 3-5 years, especially if the individual is not part of the Update Service.

• Data Protection: Handle DBS information securely and in compliance with data protection regulations (GDPR).

• Rehabilitation of Offenders Act 1974: Be aware of the provisions of the Rehabilitation of Offenders Act, which may affect the disclosure of spent convictions.

• Legal Advice: Seek legal advice if you have any doubts about the appropriate level of DBS check for a particular role.

• Equality Act 2010: Ensure that your use of DBS checks is fair and does not discriminate against individuals with protected characteristics.

Conclusion:

DBS checks are an essential part of creating a safe environment for vulnerable people within your charity. By understanding the different levels of checks, the concept of regulated activity, and the importance of risk assessment, you can make informed decisions about safeguarding and protect your organisation from potential harm. Remember to stay updated on the latest DBS guidance and seek professional advice when needed. Your commitment to safeguarding builds trust and enables you to effectively serve your mission.

Don’t forget:

• Review your charity’s safeguarding policy and DBS check procedures.

• Conduct risk assessments for all roles involving contact with vulnerable people.

• Ensure all staff and volunteers understand their safeguarding responsibilities.

Key DBS Resources on GOV.UK:

• DBS Homepage: https://www.gov.uk/dbs – This is the central hub for all things DBS, with links to application processes, guidance, and news.

• DBS Eligibility Guidance: https://www.gov.uk/find-out-if-you-can-get-a-criminal-record-check – This tool helps you determine what type of DBS check is appropriate for a specific role.

• Regulated Activity: https://www.gov.uk/government/publications/dbs-regulated-activity-positions-in-england-and-wales/regulated-activity-in-relation-to-children and https://www.gov.uk/government/publications/dbs-regulated-activity-positions-in-england-and-wales/regulated-activity-in-relation-to-adults – These documents define “regulated activity” in relation to children and vulnerable adults, which is crucial for determining whether an Enhanced DBS check with barred list check is required.

• DBS Update Service: https://www.gov.uk/dbs-update-service – Information about the DBS Update Service, which allows individuals to keep their DBS certificates up-to-date and employers to check their status.

Further Digital Background articles covering many DBS related subjects:
Articles – Digital Background – DBS Standard and Enhanced Criminal Checks from £4-£7 Admin Fee – Free Sign Up

Disclaimer: This blog post provides general information only and should not be considered legal advice. Always consult with a legal professional or DBS expert for specific guidance related to your organisation.