Registered Bodies must:
1.
Submit applications for a DBS product in the format determined by DBS.
Ensure that applications for a DBS product are completed accurately and that all data fields determined by DBS as mandatory are completed in full.
Ensure that any application submitted electronically complies with DBS specifications as stipulated in line with current requirements.
Ensure that, where evidence checkers complete any part of the administration of the application process, sufficient training has been provided to enable same degree of accuracy required by DBS of the counter signatory.
Registered Bodies must:
1.
Verify the identity of the applicant prior to the submission of an application for a DBS product by following the current guidelines issued by DBS.6
Ensure that any person undertaking identity verification checks on their behalf follows the current guidelines issued by DBS.
Make sure lead or counter signatories do not validate their own applications for any DBS products.
5 Revised Code of Practice for Disclosure and Barring Service Registered Persons
7 https://ico.org.uk/for-organisations/guide-to-data-protection/data-protection- principles/
Failure to comply with DPA requirements could result in enforcement action from the ICO.
In line with the Data Protection Act 1998 Registered Bodies and those in receipt of Update Service information must:
1.
Have a written policy on the secure handling of information provided by DBS, electronically or otherwise, and make it available to individuals at the point of requesting them to complete a DBS application form or asking consent to use their information to access any service DBS provides.
Handle all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998.
Handle all DBS related information provided to them by their employee or potential employee in line with the obligations under Data Protection Act 1998.
Ensure that a result received as part of an application submitted electronically is not reproduced in such a way that it infers that it is a certificate issued by DBS.
Ensure any third parties are aware of the Data Protection Principles and provide them with guidance on secure handling and storage of information. For Data Protection purposes, information passed to a Registered Body by DBS remains the responsibility of the Registered Body even if passed to a third party.
Ensure business continuity and disaster recovery measures are in place and comply with Data Protection requirements.
Must comply with security requirements under principle 7 of the Data Protection Act.7
Registered Bodies and those in receipt of Update Service information must:
1.
Have a written policy on the suitability of ex-offenders for employment in relevant positions. This should be available upon request to potential applicants and, in the case of those carrying out an umbrella function, should be made available to their clients. Clients of Registered Bodies should make this policy available to their potential or existing employees.
Ensure that all applicants for relevant positions or employment are notified in advance of the requirement for a Disclosure.
Notify all potential applicants of the potential effect of a criminal record history on the recruitment and selection process and any recruitment decision.
Discuss the content of the Disclosure with the applicant before withdrawing any offer of employment.
6 Revised Code of Practice for Disclosure and Barring Service Registered Persons
8 http://www.legislation.gov.uk/uksi/1975/1023/contents/made
9 The various Police Act 1997 (Criminal Records) regulations can be found by searching on http://www.legislation.gov.uk
Registered Bodies must:
1.
Pay all registration fees in line with time periods set out in current procedures.
Pay all fees relating to DBS products in line with time periods set out in current procedures.
Pay all fees related to criminal records check applications submitted after any decision by the DBS to suspend registration or deregister the organisation.
Correctly apply the Police Act definition of a volunteer to each criminal records check application to assert eligibility that no fee should be charged for that application.
Publish all fees, in relevant documentation, associated with the processing of criminal records check applications when you do so on behalf of others.
Notify the DBS in writing of any change to the fees associated with the processing of Criminal records check applications when you do so on behalf of others.
Eligibility for DBS checks is set out in the following legislation:
.
Standard checks – to be eligible for a standard level DBS certificate, the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.8
Enhanced checks – to be eligible for an enhanced level DBS certificate, the position must be included in both the ROA Exceptions Order and in the Police Act 1997 (Criminal Records) regulations.9
Enhanced checks with children’s and/or adults’ barred list check(s) – to be eligible to request a check of the barred lists, the position must be eligible for an enhanced level DBS certificate and be specifically listed in the Police Act 1997 (Criminal Records) regulations as being eligible to check the appropriate barred list(s).
Registered Bodies must:
1. Use all reasonable endeavours to ensure that they only submit Criminal Records check applications in accordance with the legislative provisions which provide eligibility criteria for relevant positions or employment.
Ensure that before allowing a DBS check application to be submitted they have assessed the role to be eligible under current legislation, correctly applied the right level of check, and correctly requested the appropriate barring list information.
Ensure they are legally entitled to request any DBS product being applied for.
7 Revised Code of Practice for Disclosure and Barring Service Registered Persons
10 Available at http://www.gov.uk/DBS
Registered Bodies and those in receipt of Update Service Information must co- operate in full and in line with the timescales in current procedures,10 when DBS enquiries are made in relation to:
1.
Ongoing compliance of Registered Bodies and those in receipt of Update Service information with the obligations under this Code.
Implementing the suspension or de-registration of a Registered Body where non- compliance is established in line with current procedures.
8 Revised Code of Practice for Disclosure and Barring Service Registered Persons 9
Glossary
Registered Body – employer or company registered with the DBS for the purposes of processing and submitting applications for DBS products.
Umbrella function – Registered Bodies processing and submitting applications for DBS products from employers not eligible to register with the DBS.
DBS Product – Any level of check available from DBS.
Client – Company or individual engaging umbrella functions from a registered body.