DISCLOSURE AND BARRING SERVICE
Introduction
The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with students, through its criminal record checking and barring functions. As an organisation that is frequently in direct contact with people, Talents Search uses the DBS to carry out criminal record checks on relevant employees and volunteers.
Full details on regulated activity in relation to adults can be found at https://www.gov.uk/government/publications/new-disclosure-and-barringservices.
Policy Statement
Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the act. Before considering whether to ask a person to make an application for a DBS check, Talents In Training is legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.
In accordance with Talents In Training of Ex-offenders Policy, we must exercise vigilance and rigour in the recruitment of staff and volunteers who will be working with students. There are also legal obligations for the organisation to check the conviction status of those participating in a regulated activity with students.
Talents In Training will apply for a DBS Criminal Records Check for:
All employees and volunteers whose roles fall within the categories known as the Exceptions to the Rehabilitation of Offenders Act 1974 – this includes all members of staff or volunteers whose work is currently defined as regulated activity. These categories can be checked online at: http://bit.ly/1dhKvw4.
An employee or volunteer undertaking a role where a DBS check is required,
will not be able to fully participate in their role in an unsupervised capacity until a satisfactory disclosure has been received.
All those whose roles are subject to a disclosure will be required to register with the update service and maintain up to date registration in order for the Director to check on their disclosure status at least every two years or more frequently if risk assessed as being required. Failure to maintain registration will result in disciplinary action and the post holder having to resubmit a disclosure application at their own expense.
Talents In Training will support service users to apply for a DBS check on their employees where they have a legal right to do so and will complete the identity check prior to forwarding the application to our appointed umbrella body for processing.
Talents In Training is fully committed to complying with the DBS Code of Practice regarding the secure storage, handling, retention and disposal of DBS certificates and certificate information. It also complies fully with its obligations under the Data Protection Act and other relevant legislation.
Responsibilities
It is the responsibility of the Chief Executive Officer, to complete a risk assessment on each post and determine if a DBS Criminal Record Check is relevant. If a check is determined as relevant it will be noted in the Terms of Employment section of the relevant Job Description or in the Volunteer Role Description.
The Chief Executive Officer is further responsible for ensuring that DBS checks are scrutinised and up to date checks have been completed and recorded for all relevant employees and volunteers.
The Chief Executive Officer is also responsible for appointing a recognised umbrella body to process DBS checks and ensuring that relevant employees have the appropriate skills and knowledge to complete the identity checks required as part of the checking process.
Policy Revisions
This policy will be reviewed every three years and amended as necessary, or earlier in accordance with any forthcoming legislation. All employees or volunteers should pass suggestions or recommendations for the revision of any aspect of this policy through normal channels to the CEO.
Policy dated: March 2023
Next review: March 2026
Reviewed by: Petia Balkanski