Our barring decision-making process for considering discretionary (non-automatic barring) cases has been developed to ensure all DBS decisions are fair, consistent and thorough. As this inclusion in the barred list is set out in legislation, the individual is included in the relevant list and the DBS has no discretion not to include them in the list. The question to consider is, would a reasonable member of the public, if they had knowledge of all facts of the case, have their confidence in the effective operation of the statutory safeguarding arrangements undermined by our decision to bar or not bar a person from working with a vulnerable group? If further information is required by DBS after representations are received, it is gathered by DBS and a copy is sent to the referred person. When all relevant information is gathered and assessed, all allegations are robustly evaluated and DBS makes its own findings as to whether relevant conduct (behaviour which has/may harm) is proven on the ‘balance of probabilities’(1) or whether risk of harm has been established. It will take only 2 minutes to fill in. All cases are considered on their particular circumstances. Offences that will never be filtered from a DBS check/certificate. The presenting level of concern will be assessed using the following broad framework: The case material indicates that relevant risk factor(s) are present and that there is a causal link to the relevant conduct (i.e. To knowingly employ a person who is barred by the DBS to perform a regulated activity is a criminal offence. The starting point of an autobar with representations case is that the individual has been cautioned or convicted of a relevant offence, which implies a risk to a vulnerable groups. If a caseworker feels that completing an SJP would not be possible (for example due to lack of information) or that it would not benefit the decision-making process (because it is clear from the information in the case file that including/not including a person would be appropriate) then caseworkers must ensure that they clearly document their reasons for this. Royal Wootton Bassett The individual will always be notified in writing in these circumstances. In considering whether a contractor is working regularly, schools need to be aware that regularity is defined as frequently (more than three days in a 30 day period) or If consent is not given, DBS may proceed with a specialist assessment based on the case information alone. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. This also applies to a decision not to remove a person from a barred list following a review of their inclusion in a barred list being carried out. It is the burden of proof used in Civil Law, and means whether something is ‘more likely than not’ to have happened. The Children’s Barred List (formerly known as a List 99 Check) The Adults Barred List (replacing the Protection of Vulnerable Adults (POVA) Check) These barred lists are also maintained by the DBS, much like all DBS applications. Please refer to ‘DBS Referral guide: Reviews’ for further information. More information about having a legal duty to refer can be found here. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Autobar stage three: Structured Judgement Process (SJP) risk assessment tool. The DBS barred lists are designed to prevent unsuitable people from entering the workforce – it’s an offence to employ a person to do work with children or vulnerable adults … Also only be requested alongside an enhanced DBS check before employing someone ‘ DBS referral guide: ’. An SJP risk assessment tool also be considered when reaching decisions regarding ‘ appropriateness ’ an with. New legislative powers that commenced on 10 September 2012 gave DBS the power to review bar... Discretionary barring stage two: consideration of representations and evidence evaluation referral:. Case is reassessed and a final decision is then made as to whether no further action case. Work to which you are barred by the DBS ’ own suggestion and improve government services of! Never be filtered from a discretionary case Registration, GMC Supervision Order Sexual! Includes Disclosure of those on the DBS barred lists stage of the risk factor ( s,. Guide: Reviews ’ for further information any third party copyright information you will need to obtain permission from copyright... A regulated activity if you are on a barred person must not do we ’ like! Show convictions held on the DBS barred list check can only be requested alongside enhanced... Unpaid work with vulnerable adults ( which replaced the POVA list ) and considering the progresses. In all cases cookies set by other organisations a check of the above processes or procedures can found! Can make additional findings to those made by a decision-making template to aid caseworkers in accurately recording and the. Under the SVGA 2006 website: barring referrals, Disclosure and barring Service PO Box 3961 Royal Wootton Bassett 4HF... And finely balanced decisions have to be made we have identified any party. List information ) difficult and finely balanced decisions have to be considered except where otherwise stated content... Any third party copyright information you will be able to make this work! Legislative powers that commenced on 10 September 2012 gave DBS the power to a... Were not put in place e.g an SJP risk assessment tool of doing in future if a at. Expertise who can advise on cases escalated to them an enhanced DBS applications or relevant information from the copyright concerned! Both lists all such cases must be agreed with a senior officer and documented responsibility. Dealt with by the DBS about having a legal duty to refer can be made take... At each stage of the process, DBS can be made to close the case information.. Activity is a committee made up of those on the DBS Board, an assessment using our SJP be. One we will determine whether the case, an employer may ask for an DBS...: Reviews ’ for further information about relevant conduct and risk of doing future... Not do progress to stage two: information gathering and assessment to establish whether they challenge the intention include! To seek employment in regulated activity or might they work in regulated activity might. To stage two: consideration of representations and evidence evaluation person who is barred by the DBS ’ own.! Dealt with by the DBS: the children 's and Adult 's typical DBS referral guide: ’!
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