The DBS pride themselves on making thorough barring decisions that are appropriate for the need to safeguard society. These decisions are relative to the harm caused and the risk of harm posed to an individual.
The decision to bar or not to bar an individual can have a massive impact on all parties involved. Therefore the decision process must be consistent and thorough through all stages.
When should you refer an individual to the DBS?
Employers must refer an individual to the DBS if they:
- Dismissed them from working in regulated activity because they have harmed someone whilst at work
- Dismissed or removed them from working in regulated activity because they may have harmed someone whilst at work
- Were planning to dismiss them for either of these reasons, but the individual resigned first
If any of the above circumstances apply, as an employer it is your legal requirement to refer this individual to the DBS even if you have already raised this with another body, e.g. The General Medical Council (GMC) or a Local Authority Designated Officer (LADO).