POLICY ON THE REFERRAL TO THE DISCLOSURE & BARRING SERVICE (DBS)
This policy should be read in conjunction with our Safeguarding Policy and Disciplinary Policy and Procedure.
The DBS was created with the merger of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). The ISA was created to prevent unsuitable people from working with children and adults. The ISA had four statutory duties:
• To maintain a list of individuals barred from engaging in regulated activity with children;
• To maintain a list of individuals barred from engaging in regulated activity with adults;
• To make well-informed and considered decisions about whether an individual should be included in one or both barred lists; and
• To reach decisions as to whether to remove an individual from a barred list.
The DBS has responsibility for making barring decisions on the Children’s list and the Adults list, previously known as:
• the PoCA list under the Protection of Children Act 1999,
• the PoVA list under the Care Standards Act 2000,
• List 99 under the Education Act 2002
1. THE LEGAL DUTY TO REFER
The Safeguarding Vulnerable Groups Act (2006) sets a legal duty for us to refer information to the DBS if we dismiss or remove a member of staff/volunteer from working with children and/or adults (in what is legally defined as regulated activity) because they meet the referral criteria. We have a duty to refer information to the DBS.
Guidance about regulated activity with children and regulated activity with adults is available from the Department for Education and the Department of Health and Social Care.
DBS have also produced some leaflets explaining regulated activity with children and adults.
2. DUTY TO REFER
Revolution Radio Ltd has a duty to refer all allegations of abuse or misconduct towards a child or adult made against a member of staff or a member of staff of a contractor or partner organisation. The terms 'staff' or 'employee' should be read as including unpaid staff (volunteers). The term 'employer' should be read as including any person or organisation responsible for volunteers.
A referral must meet both criteria below:
• Revolution Radio Ltd withdraws permission for an individual to engage in regulated activity, or would have done so had that individual not resigned, retired, been made redundant or been transferred to a position which is not regulated activity because;
They think that the individual has: EITHER
- engaged in relevant conduct i.e. conduct:
• That endangers a child or adult or is likely to endanger a child or adult;
• If repeated against or in relation to a child or adult, would endanger them or would be likely to endanger them;
• Involving sexual material relating to children (including possession of such material);
• Involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;
• Conduct of a sexual nature involving a child or adult, if it appears to DBS that the conduct is inappropriate. OR - satisfied the harm test: where the Council believes that an individual:
• may harm a child or adult,
• may cause a child or adult to be harmed,
• puts a child or adult at risk of harm,
• attempts to harm a child or adult, or
• incites another to harm a child or adult. OR
- received a caution or conviction for a relevant offence.
If both conditions have been met the information must be referred to the DBS once we have gathered sufficient evidence as part of our investigations to support our reasons for withdrawing permission to engage in regulated activity.
If following an internal investigation, it is decided that the best course of action is to issue a formal warning and return the employee to a regulated activity with additional training Revolution Radio Ltd still has a duty to refer to the DBS. This is because we have satisfied both conditions by withdrawing the employee from regulated activity and we have established that relevant conduct or the harm test has been satisfied.
3. NO LEGAL DUTY TO REFER
There are situations in which we may make a referral but there is no legal duty to refer for example following an internal investigation there is insufficient evidence to show relevant conduct occurred but there are serious concerns about that individual. Even though the circumstances do not meet legal requirements, the individual may have left our employment and we know or believe they work in regulated activity in another setting. This may be reported as “patterns of behaviour” form evidence on which the DBS might make a future decision to bar. Although there is a legal duty to refer in certain circumstances there is the facility for us to make a retrospective referral to the DBS. This is when there is evidence that an individual has engaged in relevant conduct prior to 12th October 2009 and that the person is engaged or may engage in regulated activity.
4. DUTY TO PROVIDE INFORMATION TO THE DBS IF REQUESTED
The DBS has the legal right to receive information where it asks for it from regulated activity providers and personnel suppliers. There may be occasions during an investigation when the DBS will ask for additional information to assist it with its decision making. However, this legal right only extends to existing information that you might hold. Employers are not required to undertake any additional investigations or enquiries.
5. WHO SHOULD MAKE A REFERRAL TO THE DBS?
Responsibility for initiating a referral will lie with the manager who has raised the initial concern. To ensure that we have a consistent approach to the delivery of information to the DBS all referrals relating to employees should be made through the management team who have responsibility for making the referral to the DBS. All issues which may lead to a referral will be discussed, investigated and co-ordinated by Managers.
8. HOW TO MAKE A REFERRAL TO THE DBS
The DBS has a single referral form process for use in relation to both children and vulnerable groups. DBS requires the referral form and all associated papers to be presented in hard copy and this will be done through a secure delivery process. We will securely retain a copy of the referral form (if it relates to an employee) and all associated papers for future reference, as the DBS may need to refer to any specific case on a subsequent occasion
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