In order to access criminal record checks through us, you need to comply with the DBS Code of Practice and Conditions of Registration, which place a responsibility on counter-signatories (Personnel Checks) to request applications for eligible positions and the same applies to list checks.
As a counter-signatory, when we sign section Y field 72 on the application form we are making a legal declaration that you have requested the correct level of check, which is appropriate to the role listed in the ‘position applied for’ field.
You’re also declaring that the applicant will be, or is currently, undertaking regulated activity with children and/or adults.
If you’re requesting barred list information to assess the applicant’s suitability to engage in regulated activity with children and/or adults you must only do so for the list(s) relevant to that role.
For example, if you’re checking the suitability of an applicant to work in a residential care home for the elderly, you must not check the barred list for children.
What happens if a barred person seeks to work in regulated activity?
This person will be committing an offence, and if the DBS identify that someone on the list(s) has applied for such a role they will take appropriate action.
An evidential pack will be sent to the police, which includes a summary of the offence, copy of the DAF or EDAF, and witness statements, so they can consider a potential prosecution.
This could involve a DBS Investigator who may be summoned to attend court to give evidence. In carrying out investigations, the police do sometimes discover that the person is NOT working in a regulated activity and has therefore not committed an offence.
Occasionally this situation isn’t discovered until the case reaches court, by which time a significant amount of time and effort has been spent as a result of an inappropriate list check request triggering an avoidable chain of events.
Are there any exceptions?
There is a small number of roles that aren’t regulated activity but which can still have list checks, and are therefore an exception to this rule. Adoptive parents and adult members of adoptive, fostering or childminding households are the most common.
A full list of the positions for which you can request an adults or children’s barred list check can be found here.
If the DBS find evidence of inappropriate list check requests, they may take action with the appropriate registered body who has submitted the DBS application – Personnel Checks.
For this reason it is imperative that the correct barred list check is selected for the role your applicant is applying for. If we do call to question your applications it is because we want to do everything we can to ensure we are doing our job properly and make your life easier.
The Department of Health and the Department for Education have produced guidance that sets out roles now classed as regulated activity relating to adults and children, and takes into account the changes to Regulated Activities made by the Protection of Freedoms Act 2012.
If you do need any further guidance on this matter you can call Personnel Checks for free confidential advice on 01254 355688
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