DBS (DISCLOSURE AND BARRING SERVICE) POLICY - College ...

Policy statementDBS (DISCLOSURE AND BARRING SERVICE) POLICYThe Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions andprevent unsuitable people from working with vulnerable groups, including children, through itscriminal record checking and barring functions. As an organisation using the DBS to help assessthe suitability of applicants for positions of trust, Loughborough College complies with the DBSCode of Practice regarding Disclosure information.Having a criminal record will not necessarily bar you from working at Loughborough College. Thiswill depend on the nature of the position and the circumstances and background of your offences.This policy outlines the use of Disclosure and Barring Service (DBS) checks at LoughboroughCollege and also contains the Recruitment of Ex-Offenders Policy.Recruitment of Ex-Offenders PolicyLoughborough College is committed to the fair treatment of our staff, potential staff or users of ourservices, regardless of race, gender, religion, sexual orientation, responsibilities for dependants,age, physical/mental disability or offending background.We actively promote equality of opportunity for all with the right mix of talent, skills and potentialand welcome applications from a wide range of candidates, including those with criminal records.We select all candidates for interview based on their skills, qualifications and experience.All posts at Loughborough College are exempt from the provision of section 4 (2) of theRehabilitation of Offenders Act 1974 (Exemption) order 1975. Therefore it is necessary to revealany information concerning convictions including those that are ‘spent’. We encourage allapplicants called for interview to provide details of their criminal record at an early stage in theapplication process and we request that this information is sent to us under separate, confidentialcover, to personnel.mailbox@loucoll.ac.uk and we guarantee that this information will only be seenby those who need to see it as part of the recruitment process.All application forms, job adverts and job description/person specifications contain a statement thata DBS check will be requested in the event of the individual being offered the position.Loughborough College ensures that all employees who are involved in this stage of the recruitmentprocess have been suitably trained to identify and assess the relevance and circumstances ofoffences and have received appropriate guidance and training in the relevant legislation relating tothe employment of ex-offenders (e.g. the Rehabilitation of Offenders Act 1974).An open and measured discussion will take place on the subject of any offences or other matterthat might be relevant to the position. Failure to reveal information that is directly relevant to theposition sought could lead to withdrawal of an offer of employment. Any matter revealed in a DBScheck will be discussed with the applicant before withdrawing a conditional offer of employment.Should they wish to appeal against this information, they are required to do so directly with theDBS. Any new information as a result of an appeal will be considered.DBS Code of PracticeDBS PolicyPersonnelVersion January 2013 (review Jan 2014)

Loughborough College uses the DBS to assess applicant’s suitability for positions of trust and assuch, complies fully with the DBS Code of Practice and undertakes to treat all applicants forpositions, fairly. It undertakes not to discriminate unfairly against any subject of a DBS check onthe basis of a conviction or other information revealed.Every subject of a DBS check is made aware of the existence of the DBS Code of Practice and acopy is available on request. This can also be viewed on the DBS website.DBS Procedure at Loughborough CollegeWhat is a DBS check?The DBS check searches an individual’s details against criminal records and other sources,including the Police National Computer. The check may reveal convictions, cautions, reprimandsand warnings.The DBS check will either confirm that the individual doesn’t have a criminal record, or it will listany relevant convictions, cautions, reprimands, warnings and, if applicable, whether the individualhas been barred from working with children or vulnerable groups. The police can also include nonconvictioninformation, for example, fixed penalties, that may be relevant.It should be stressed that, whilst DBS checks are vital in the consideration of appropriately staffingposts with access to children or vulnerable groups, they are just one in a range of pre-employmentchecks which must be carried out in order to assess the suitability of candidates. Other checksinclude thoroughly confirming identities, qualifications, taking up references and examiningemployment histories on application forms. On-going monitoring and supervision is also vitalalongside clear safeguarding policies and procedures.Who is required to have a DBS Check?Loughborough College is classified as a ‘specified place’. All employees are therefore required tohave an Enhanced DBS check for Regulated Activity.As all applicants have the opportunity for regular contact with children on the College site we areentitled to know whether they are barred from working with children. However, only employeesinvolved in personal care for adults will be checked as to whether they are barred from workingwith adults.In addition to employees, a number of other groups are also required to have an Enhanced DBScheck for Regulated Activity. These include:Volunteers – all volunteers are required to have a satisfactory DBS check.Agency Workers – are required to have a satisfactory Enhanced DBS check for RegulatedActivity. A new check is not required by Loughborough College directly; however theagency must provide confirmation in writing that the required check is in place before theagency worker commences.Self-employed workers - A new check is not required by Loughborough College directly;but a copy of a disclosure issued within the last 24 months is required.Governors – all governors are required to have a satisfactory DBS check.Who is not required to have a DBS Check?DBS PolicyPersonnelVersion January 2013 (review Jan 2014)

Anyone under the age of 16Visitors - who have only brief contact with students and are supervised.A tradesperson - attending the College on a one-off basis, as it is expected that theywould not be allowed to walk around the College unaccompanied. In instances where this isnot the case, a risk assessment should be carried out to determine whether a DBS check isnecessary.DBS Check ProcedureAll candidates invited to attend an interview will be required to complete a DBS application formonsite when they come in for the interview. They will also be asked to bring in the requireddocuments as proof of identification and address, which will be verified by Human Resources.The disclosure will be checked and signed by the countersigning officer within the HumanResources team. Only applications for successful candidates will be submitted for processing bythe DBS. All other forms will be destroyed. Payment will be invoiced directly to the College andreimbursement is required from self-employed providers.All offers of employment are made subject to obtaining a satisfactory DBS check. This must bereceived before the member of staff can commence employment with the College unless a riskassessment has been signed by both the HR Business Partner and the Safeguarding Manager.Outcome of the disclosureOnce the disclosure has been received from the DBS, it will be reviewed by Human Resources.The disclosure will not contain any confidential information from the police; however anyinformation that needs to be shared with the College will be done so separately by the police. Thisinformation along with the disclosure will be used to make a decision.If the disclosure contains no information, it will be confirmed as satisfactory and their appointmentconfirmed.If the disclosure reveals information about convictions, these will be discussed with the individualby Human Resources and all information will be kept confidential.The information contained within the disclosure should be considered as well as considering timeelapsed since the offence occurred, the circumstances relating to the offence as well as the senseof remorse displayed by the individual. Offences of particular concern would be violent, sexual anddrug related offences. If the discussion with the applicant is deemed as satisfactory and theconvictions are not serious or deemed to be contradictory to work with our students then the DBScheck will be confirmed as satisfactory and their appointment confirmed.If the information contained within the disclosure is deemed as serious and contradictory to workwith our students, the offer of employment will be withdrawn. If the applicant disputes theinformation then they will need to appeal to the DBS and a decision will be made on any newinformation provided.Once the outcome of the check has been established, if satisfactory, a record card confirming thisoutcome is kept on file. Disclosure information received by the College is securely stored and isonly available to those who need to have access to the information in the course of their duties.Disclosures are destroyed as soon as possible (always within six months of receipt). Nophotocopies are taken and disclosure information is never kept on personnel files.DBS PolicyPersonnelVersion January 2013 (review Jan 2014)

Overseas ChecksThe DBS cannot establish details of criminal convictions acquired outside of the UK. Practices inother countries vary considerably but certificates or letters of good conduct may be obtainable fromsome overseas applicants from their embassy. When checking someone who has lived abroad,where possible Human Resources will contact the embassy or High Commission of the country inquestion (contact details can be obtained from the Foreign & Commonwealth Office website). If it isnot possible to conduct such checks, extra care must be taken in taking up references andconducting other background checks including asking probing questions at interview. Anyinformation obtained as part of an overseas police record check will be considered along with theDBS disclosure when making a decision on whether the check is satisfactory.Re-checking and PortabilityFollowing a successful DBS check and the appointment of an employee to a post within theCollege, re-checking will not be required unless the employee has a significant change in job role.This will include instances where an employee is moving from a volunteer role to a paid role.Employees will be advised of this as part of their appointment process in the new role.Loughborough College does not accept portability (the re-use of a DBS check, obtained for aposition in one organisation and later used for another position in another organisation) of DBSDisclosures obtained from another registered body. This means that all applicants for jobs atLoughborough College must obtain a DBS Disclosure through Loughborough College.Following the launch of the DBS ‘update’ service in Spring 2013, the College will be able to verifywhether applicants subscribing to this service have an existing satisfactory DBS disclosure,suitable for the role they are applying for. In this instance, a new DBS disclosure may not berequired.DBS ReferralsUnder the Safeguarding Vulnerable Groups Act (SVGA) 2006, Loughborough College isrequired to complete a referral to the DBS for anyone working in regulated activity, that it isbelieved has caused harm or poses a future risk of harm to vulnerable groups including children.DBS PolicyPersonnelVersion January 2013 (review Jan 2014)

DBS (Disclosure and Barring Service) policyHR January 2013 (review Jan 2014)5