Disclosure & Barring Service Policy
The policy applies to all staff, volunteers and anyone working with, or on behalf of, Wellbeing 4 Life CIC (hereafter referred to as “Motivated Minds”).
The aim of this policy is to set out the requirements of Motivated Minds on undertaking Disclosure and Barring (DBS) checks.
Motivated Minds is committed to ensuring that appropriate pre and post-employment checks
have been undertaken on its employees and volunteers to ensure service users are protected.
Motivated Minds will ensure that it adheres to the Disclosure and Barring Service Code of
Practice which requires organisations to use the Disclosure information fairly and:
- not to discriminate against candidates on the basis of unrelated criminal offences,
- to ensure data security
- to comply with the recommendations for the retention of records
- to comply with reasonable requests from the DBS to undertake assurance checks. Copies of the Code of Practice are available from the DBS website on www.gov.uk/dbs
The following key principles outline the Motivated Minds’s approach to DBS Checks:
- Motivated Minds will ensure that disclosure information is treated fairly and without discrimination whilst ensuring a safe and robust recruitment process.
- Where the employee or candidate has registered with the DBS Update Service, the check is at the required level, Motivated Minds will confirm a valid DBS check is in place, they will not require a new check.
- The DBS process will form part of the pre-employment checks for all newly appointed staff when appointing staff into eligible positions.
- Motivated Minds will assess the relevance of disclosure information to the suitability for employment of an individual.
The policy applies to all Motivated Minds employees and potential employees who are applying for employment. It also applied to all volunteers and contractors.
The purpose of this policy and associated guidance is to:
- set out the requirements to undertake DBS Checks
- prevent inappropriate and any illegal checks
- provide Line Managers with a framework and supplementary guidance in relation to DBS checking and the use of the information provided by the DBS
- ensure consistency and fair treatment
Duties and Responsibilities
The Managing Director/Board have responsibility to oversee this policy and ensure that appropriate processes and actions are in place to prevent illegal checks being undertaken and ensure those that are required are undertaken at the appropriate level.
Levels of checking and eligibility for check
The need for a check and the level of check is determined by the activities and the type of access to our clients the employee/volunteer/contractor will have as part of their role and the team they will be working within.
New employees to the Motivated Minds who are employed in a role that requires a DBS Check are contractually responsible for applying for their DBS Check at the correct level, providing consent for the Motivated Minds to register an interest in their DBS Statement, and to register and maintain their registration to the DBS Update Service throughout their employment with the us.
Prospective employees/volunteers have a responsibility at application stage to disclose any convictions, cautions, reprimands or warnings as set out in the DBS Disclosure Application Form. Where no evidence of a satisfactory DBS Check can be obtained, and/or the prospective employee is found to have knowingly withheld information or provided false or misleading information then the conditional offer of employment will be withdrawn.
All employees/volunteers/contractors of the Motivated Minds have a responsibility to abide by this policy. If during the course of their employment they are arrested, charged, cautioned or convicted of any criminal offence then they are contractually required to notify their Line Manager of the circumstances of the same as soon as possible, this includes notification of any pending court appearance, bind-overs, absolute and conditional discharges. Failure to do so will result in formal action being taken under Motivated Minds Disciplinary Policy and may result in termination of employment.
Legal Duty to Refer to the DBS
Motivated Minds has a legal responsibility to refer an employee or employees to the DBS in circumstances whereby:
- They have permanently removed an employee from a regulated activity through dismissal or permanent transfer, or where they would have removed or transferred that person from a regulated activity if they had not left, resigned, retired or been made redundant; and
- They believe the employee has been cautioned or convicted of a relevant (automatic barring) offence;
- Engaged in relevant conduct in relation to children and/or adults for example and action or inaction (neglect) that has harmed a child or adult or put them at risk of harm
- Have satisfied the Harm Test in relation to children/or adults – for example there has been no relevant conduct but a risk of harm to a child or vulnerable still exists
Further guidance on making a referral is available on the DBS website at www.gov.uk/government/dbs-factsheet-01.pdf It is an offence not to refer someone to the DBS in the above circumstances.
Confidentiality and Data Protection
Motivated Minds will comply with the DBS Code of Practice and the Data Protection Act and Section 124 of the Police Act. The DBS code is in place to ensure that Motivated Minds meet’s their obligations when receiving the sensitive information available to them and that the information will be used fairly and that sensitive personal information, disclosed by the DBS is handled and stored appropriately and is kept for only as long as necessary.