Playing with fire.

In today’s world, ensuring the safety and well-being of vulnerable groups is paramount, and a robust DBS (Disclosure and Barring Service) checking policy is a cornerstone of that protection. It’s not just best practice, it’s the minimum acceptable standard. It can be tempting to skip or delay DBS checks, especially when you know an employee personally or feel that the perceived risk is low. However, neglecting these vital checks can expose your organisation to catastrophic legal, reputational, and ethical risks. This blog post will explore the severe dangers of not having a DBS check done on an employee (even if you know them personally), the potential devastation caused by delaying checks, and the long-term perils of not re-checking often enough.

The Fatal Flaw of Familiarity: Why Personal Knowledge Is Utterly Insufficient

It’s a common and dangerously misguided misconception that knowing someone personally eliminates the need for a DBS check. This is a disastrously reckless assumption. Here’s why:

• Hidden History – The Tip of the Iceberg: You may only be aware of what someone chooses to reveal. DBS checks uncover hidden criminal records, which can include information that an individual may have actively concealed or that you could never have known.

  • Example: A seemingly trustworthy volunteer at a youth center had previously been convicted of theft from a previous employer, a fact unknown to the current management. This information would be disclosed on an appropriate DBS check and may have prevented his recruitment.

• Trust Is Not a Substitute for Concrete Verification – It’s a Blind Leap of Faith: While trust is important in any working relationship, it cannot replace the objective, verifiable information provided by a DBS check. DBS checks offer an independent assessment of an individual’s suitability, cutting through potential biases or personal feelings.

• Legal and Regulatory Requirements – Non-Compliance Invites Legal Disaster: For many roles, particularly those involving contact with children or vulnerable adults, DBS checks are not optional; they are a legal requirement. Knowing someone personally does not exempt you from these obligations and failing to comply puts you in direct violation of the law.

  • Example: A care home hires a new nurse without completing the required Enhanced DBS check, violating CQC regulations. The home is later issued with a formal warning, resulting in closure of the care home.

• Breaching Duty of Care – Opening the Door to Negligence Claims: If harm occurs, you may be held legally liable for failing to complete a DBS check on the employee. This breach of your duty of care could result in substantial damages, legal fees, and irreversible damage to your organisation.

The Road to Ruin: The Severe Consequences of Delaying DBS Checks

Even if you intend to request a DBS check eventually, delaying the process can have irreversible consequences:

• Unvetted Access – A Disaster Waiting to Happen: Allowing an individual to start work before their DBS check is complete puts vulnerable individuals at immediate and unacceptable risk. You are essentially granting them unsupervised access to vulnerable groups without knowing their full background.

  • Example: A school hires a new teaching assistant, allowing them to supervise children during break times before their Enhanced DBS check is completed. The teaching assistant has unsupervised access with the children, and has a previous conviction relating to theft, which is enough for him to lose his job, but they were at significant risk because they were not aware.

• Insurance Nightmare – Invalidating Your Safety Net: Your organisation’s insurance policy may be completely invalidated if you employ someone without the appropriate DBS check and an incident occurs. This could leave you financially exposed to significant claims and legal costs.

• Reputational Annihilation – Brand Damage Beyond Repair: If something happens while an individual is awaiting a DBS check, your organisation’s reputation can be destroyed beyond repair. The public will rightly condemn your reckless disregard for safeguarding and your brand will be forever tarnished.

  • Example: A local sports club allows a new coach to begin working with children before their DBS check is returned. A parent later discovers that the coach has a previous conviction for assault and publicly accuses the club of negligence on social media and in the local press. The club is subsequently boycotted and has to close.

• Compromised Safeguarding – A Systemic Breakdown of Protection: Any delay in completing a full check will add a significant and unaccteptable risk to your safeguarding procedures, as you have not completed full checks before a person starts work with you.

• Legal Ramifications – Expect Severe Penalties: Depending on sector, delaying a check could see a large fine imposed by the DBS, and or any other government organisation if authorities find an organisation in breach of legal requirements.

Recurring Catastrophe: The High Price of Infrequent Re-Checking

DBS checks provide a snapshot in time. An individual’s circumstances can change drastically. A clear DBS check from the past provides absolutely no guarantee of their suitability in the present. Failing to re-check employees regularly is an act of negligence that can have devastating consequences:

• Hidden New Offences – Unseen Threats: An individual may commit an offence after their initial DBS check, which would not be disclosed unless a new check is performed or the individual has subscribed to the DBS update service.

  • Example: A trusted youth leader, initially cleared by a DBS check, develops a gambling addiction and begins embezzling funds from the youth group. Had regular re-checking been in place, the concerning behaviour and subsequent conviction might have been discovered earlier, preventing significant financial loss.

• Changing Circumstances – Personal Problems That Turn Predatory: An individual’s personal circumstances may change, making them unsuitable for a role. This could include addiction, financial problems, or other issues that could increase the risk of harm to others.

• Complacency – A Recipe for Disaster: Failing to re-check employees can breed complacency and a dangerous false sense of security. It is essential to maintain a proactive approach to safeguarding, rather than relying on outdated information.

• Update Service Neglect – A Missed Opportunity for Proactive Protection: The DBS offers an update service, which allows a business to regularly check an individual’s status without reapplying. Without these checks, organisations are vulnerable to issues that they are not aware of, missing red flags, and enabling a breach of safeguarding procedures.

Establishing a Robust Re-Checking Schedule

The frequency with which you re-check individuals should depend on a number of factors:

• Risk Level of the Role: Higher-risk roles (e.g., those involving unsupervised contact with children or vulnerable adults) warrant more frequent re-checking.

• Industry Guidelines: Some sectors have specific guidelines for re-checking frequency. Always consult and adhere to these guidelines.

• DBS Update Service: If an individual is subscribed to the DBS Update Service, you can check their status online at any time. This provides a continuous level of monitoring.

Here’s a general framework for re-checking frequency:

• Using the DBS Update Service: For employees subscribed to the DBS Update Service, perform status checks at least every six months.

• Enhanced DBS Checks: If you have a role working with children or vulnerable adults, then a DBS check should occur at least every three years.

• Roles with Lower levels of checks: These should be reviewed in line with your HR policies, but should have an updated criminal record check every 5 years.

It’s Important to Note: This is a guideline only. You should always conduct a thorough risk assessment and seek expert advice to determine the appropriate re-checking frequency for your organisation.

What Can You Do to Shield Your Organisation from Devastation?

• Mandate a Ruthless DBS Policy: Develop a comprehensive DBS policy that leaves no room for interpretation and outlines your procedures for requesting, processing, storing, and disposing of DBS check information. This policy must apply to all employees and volunteers, without exception, regardless of whether you know them personally.

• Prioritise DBS Checks Above All Else: Make DBS checks an absolute priority and ensure that they are completed as quickly as possible. Never allow individuals to start work until their check is complete, even on a trial basis.

• Implement a Relentless Re-Checking Schedule: Establish a strict schedule for re-checking employees and volunteers, particularly those in high-risk roles.

• Enforce Use of the DBS Update Service: Make it a condition of employment that all relevant employees and volunteers subscribe to the DBS Update Service, allowing you to check their DBS status online in real-time.

• Seek Expert Guidance: If you are unsure about any aspect of the DBS check process, seek immediate guidance from a registered body or a qualified professional. Do not attempt to navigate these complexities alone.

• Maintain Unwavering Vigilance: Ensure that vigilance is maintained, reporting any safeguarding concerns to the relevant authorities and seeking expert guidance where necessary.

Conclusion

Neglecting DBS checks, even with familiar employees, is not just a mistake; it’s a grave gamble that no responsible organisation can afford to take. The risks associated with not performing checks, delaying checks, and infrequent re-checking are not just possibilities; they are potential catastrophes waiting to happen. By prioritising safeguarding above all else and implementing a robust and uncompromising DBS policy, you can protect your organisation, your employees, and the vulnerable individuals you serve. It’s not just about ticking boxes; it’s about fostering a non-negotiable culture of safety, responsibility, and unwavering vigilance. The safety of those in your care depends on it.