Disclosure and Barring service policy

Introduction

As an organisation using the Disclosure and Barring Service (DBS) to ensure that staff and volunteers are suitable for positions of trust and when in contact with vulnerable people, A ANVOB CIC complies with the DBS Code of Practice regarding the handling, use, storage, retention and disposal of Certificate information. It also complies fully with its obligations under the Data Protection Regulations 2018 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Certificate information, full details of which can be found in the GDPR Data Protection Policy.

Who should have DBS checks?

The Chief Officer will decide which roles require a DBS check, based on guidance from the DBS, and this may apply to both staff and volunteers. Before DBS checks are carried out the member of staff or volunteer will always be accompanied by a ANVOB CIC member of staff who holds a satisfactory DBS, when in the presence of a vulnerable client. Job advertisements will state whether a DBS check is necessary for the post. Due to the nature of the work of the organisation and the vulnerability of its clients, checks will be carried out at the enhanced level.

In the event that the volunteer is a child, and/or it has been identified that children will frequently be with clients, a DBS certificate must be held by the supervising employee/volunteer, who must be in attendance at all times, in accordance with section 2(1) of Part 1 of Schedule 4 of the Safeguarding Vulnerable Groups Act 2006.

For staff in roles that require a DBS certificate, ANVOB CIC will request that they subscribe to the Update Service. However, this is not compulsory and if a member of staff is unwilling to do this a new check will be undertaken every three years.

Storage and Access

Information from certificates is kept securely, with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling

No copies of Certificate information will be made, however in accordance with Section 124 of the Police Act 1997, Certificate information is only passed to those who are authorised to receive it in the course of their duties. ANVOB CIC will keep a record of all those who have Certificates along with Certificate information revealed and it recognises that it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage

Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

Retention

ANVOB CIC will only keep Certificate information for as long as is necessary. This is generally for a period of 12 months after the member of staff or volunteer has left. If it is considered necessary to keep the information for longer, ANVOB CIC will take advice A New Vision of Britain CIC from the DBS first and will give full consideration to Data Protection and to the Human Rights of the individual before doing so. Throughout this time the usual conditions for storage will be adhered to.

Disposal

Once the retention period has elapsed, any hard copy Certificate information will be shredded and no copies will be kept. However, ANVOB CIC may keep a record of the date of issue of a Certificate, the name of the subject etc as stated under retention.

Recruitment of Ex-offenders

ANVOB CIC will not discriminate against any subject of a Disclosure on the basis of a conviction or other information revealed. All applicants will be treated fairly as part of our Equal Opportunities policy, which outlines our commitment to the fair treatment of staff, potential staff, volunteers and service users, regardless of age, race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

A Disclosure is only requested if it is both proportionate and relevant to the position concerned and relates only to any convictions, cautions, reprimands or final warnings that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013) by SI 2013/1023. For those positions where a Disclosure is required advertisements will state that this check will be carried out on the successful applicant.

Where the above applies applicants are requested to provide details of their criminal record on the application form. A discussion may take place at interview on the subject of any offences, however, failure to reveal a conviction that later becomes apparent, may lead to an offer of employment being withdrawn.

In some circumstances the successful candidate may be authorised to start work before the DBS check has been carried out. However, they will not be permitted to work unsupervised with any vulnerable clients or volunteers.

In the event of a positive DBS check being received, the Chief Officer will decide whether it is appropriate to continue with the appointment of the individual. This will be discussed with the individual before an offer of employment is withdrawn.

Having a criminal record will not necessarily bar individuals from working or volunteering for Voluntary Action. This will depend on the position, circumstances and nature of the offences.

Reviewed and amended February 2025

February 2025

Reviewed and amended

February 2025 by John Price