Once an employer or organisation has made the decision to remove an individual from regulated activity, either because that person has caused harm or poses a risk of harm, they must then refer this person to the DBS.
This is so the DBS can make an assessment of this individual and decide if they need to be included on one or both of the barred lists.
There are three main ways in which referral cases arrive at the DBS:
Autobars (automatic barring cases) come in two types and occur when an individual has been cautioned or convicted for a relevant offence.
The first is an ‘automatic barring (without the right to make representations)’ which are offences that will result in the individual being automatically added to one or more of the barred lists, irrespective of whether they work in regulated activity with a vulnerable group.
The second type is ‘automatic barring (with the right to make representations)’ this is when the DBS will analyse whether the individual has or may have a link to regulated activity in the future and how much of a risk they pose to the vulnerable groups, a decision will then be made on whether they should be added to the barred lists.
2. Disclosure information:
Where an individual applies for a disclosure check to work with children or vulnerable adults, with a check of one or both barred lists and their certificate shows relevant criminal information.
This is when an employer, or other providers of regulated activity including local authorities, health and social care trusts, education and library boards and professional regulatory bodies make a referral to the DBS. These organisations have a duty to inform the DBS when they make a dismissal or move an individual following harm or potential harm to a child or vulnerable adult.
The DBS have a clear barring decision-making process which is imperative to making accurate barring decisions.