This month, the DBS shared the top 3 queries received this this quarter. As a DBS umbrella body we hear questions relating to these topics frequently and wanted to share the answers with you.
Q1. ‘Is an overseas applicant required to have a DBS check?’
Recruiting applicants overseas can often be a confusing task,
especially if it has not been done before. An overseas applicant is not required to have a DBS check in all cases as this depends on the employer’s HR policy and in some cases this is a mandatory part of their terms and conditions when recruiting.
However some employers have rules set out by governing bodies and therefore require a DBS check before employment begins whether the applicant is overseas or not.
If an applicant is overseas, their original ID documentation will need to be checked before submitting the request for a DBS check. As well as applying for a DBS check you may also request from the applicant a criminal record check or a ‘Certificate of Good Character’ from their country of origin.
Relevant UK embassies can also provide checks if permission has been granted by the applicant. Different countries have different rules and therefore the process may differ.
See our previous article on recruiting applicants from overseas here.
Q2. ‘I have recently dismissed one of my employees from regulated activity. I have notified the local authority safeguarding team. Do I need to do anything else?’
Along with informing either the relevant professional regulator
or a local authority safeguarding team, you will also need to make a safeguarding referral to the DBS.
If an employee is dismissed from ‘regulated activity’ it is your duty as an employer or volunteer manager to make a safeguarding referral as this may be a safeguarding concern, irrespective of whether or not you have referred that employee to a local authority safeguarding team or professional regulator.
Referrals to the DBS must be made as quickly as possible after the dismissal as they will then need to decide if that person should be added to a barred list or not. This continues the DBS’ work in preventing unsuitable people from working or volunteering with children or vulnerable adults.
To make a referral you will need to complete the relevant form and send this in the post with any supporting documentation which is applicable. You should contact the DBS after 10 working days if you have not received any correspondence regarding your referral.
Q3. What happens if the DBS contact the umbrella body (i.e Personnel Checks) asking for more information about an application?
Some umbrella bodies assume that they can ask the employer
to respond to the DBS as they hold the information, this is not correct and will delay the application.
The DBS only accept correspondence from the Umbrella body themselves and more specifically, the person who signed the application (lead or countersignatory).
Because of data protection and the requirement for endorsement by the countersignatory, employers cannot respond directly to the DBS. The lead or countersignatory of the registered body must respond directly once contacted by the DBS as not only does this avoid multiple handling of conflicts but also reduces the processing times and decreases the chance of delays.
If you have any further questions about the DBS process, please don’t hesitate to contact one of our advisors on 01254 355688 or take a look at our video guides!
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