DBS umbrella body guidance

We are registered with the Disclosure and Barring Service (DBS) as an umbrella body. We are therefore entitled to carry out disclosure checks for any agreed organisation that provides a service to the council or where an organisation requests that we carry out disclosure checks on its behalf.

To comply with DBS regulations any organisation using our DBS service must agree to adhere to the following conditions:

  1. The organisation must observe and fully comply with the DBS code of practice which can be viewed on the government’s website.
  2. The organisation must make DBS applicants aware of the existence of the code of practice at the start of the recruitment process and make copies available on request.
  3. The organisation must have a satisfactory written policy on the recruitment of ex-offenders and issue a copy of the policy to all applicants at the start of the recruitment process.
  4. The organisation must have a written policy on the handling, secure storage and retention of disclosure information and must make copies available on request.
  5. The organisation must include a statement on its application forms or accompanying documentation, that disclosure will be requested in the event of an applicant being offered a position.
  6. The organisation must include a statement on its application forms or accompanying documentation, that a criminal record will not necessarily be a bar to obtaining a position.
  7. Details of the person(s) who will verify the identity of the applicant and the identity validation will be done in accordance with DBS guidelines for instance, on a face-to-face basis.
  8. The organisation must adhere to the decision made by us on the suitability of employing an applicant to work under a council contract. This procedure will be carried out in accordance with the guidance set out in the DBS code of practice.
  9. The organisation will be aware of the contents of a disclosure certificate and in particular of any ‘additional information. Under no circumstances can this information be divulged to an applicant (or person who is not authorised to have access to this information) and to do so would constitute a criminal offence.

We reserve the right to carry out audits/assurance visits to the organisation to ensure that all terms of the contract and the DBS code of practice are fully compliant.

Charges to external organisations

The cost of an enhanced check is £65.

Volunteers are charged £15.

Charges are invoiced monthly.

These charges will be the subject of a periodic review.

Processing timetable

We will aim to ensure that all forms received are processed within 24 hours.

Monitoring

We will run timely reports to ensure that all outstanding applications are monitored for early completion.

Your responsibilities

  1. To ensure that an online DBS application is completed. A paper application may be permitted with prior arrangement. Please contact us for further guidance.
  2. To ensure that the evidence provided is checked on a face-to-face basis by a designated officer.
  3. For external organisations using the umbrella body, arrangements are in place for face-to-face checks to be carried out at one of our community resource centres. Applicants using this service must book an appointment in advance. Find our local library. An external organisation that is not working as a contractor for us may by prior arrangement nominate one of its own staff to verify evidence. The nominated person must receive full training on the verification process from a member of our DBS unit.
  4. External organisations using our DBS checking service must ensure that it has appropriate policies and procedures in place in order to comply with the DBS code of practice.
  5. The umbrella body agreement should be completed and returned to us if you wish to use our disclosure service.

Code of practice

For us to be registered with the Disclosure and Barring Service (DBS) we must adhere to the DBS code of practice.

We will make all potential applicants aware of the existence of the code of practice and will make a copy available on request.

Policies and procedures

We also have policies for the following matters and will make them available on request:

  • policy for the rehabilitation of ex-offenders
  • policy for handling, secure storage and retention of DBS certificate information

We will discuss any matters revealed in the DBS information with the nominated person before making the decision not to allow the applicant to work on a North Yorkshire Council contract.

Regulatory framework

The Disclosure Barring Service (DBS) acts as a ‘one-stop-shop’ for organisations regarding the checking of police records and in relevant cases, information held by the Independent Safeguarding Authority (for positions working with children and adults).

The Police Act 1997 provides a statutory basis for certain criminal record checks which may be used by employers. These checks can be made via the Criminal Records Bureau.

The Protection of Freedoms Act 2012 sets out the new definitions of regulated activity for children and vulnerable adults. It is only in compliance with these definitions that an enhanced DBS check which includes a barred list check can be carried out.

Any post that no longer meets the new definitions of regulated activity but met the old definition of regulated activity (pre-September 2012) will be entitled to an enhanced DBS check without the barred list check. Further details of DBS checks can be found on the government’s website.

The two levels of DBS checks currently available are standard and enhanced disclosures. These are available in cases where an employer is entitled to ask exempted questions under the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974.

This includes any organisation whose staff or volunteers work with children or adults in regulated activity.

Both standard and enhanced checks contain details of

  • spent convictions
  • unspent convictions
  • cautions
  • reprimands
  • final warnings

An enhanced DBS check also includes

  • Police Information held by the Police for enhanced checks only
  • information held by the Independent Safeguarding Authority (for positions working with children or vulnerable adults)

This information comes from the Police National Computer (PNC). The DBS only reveals relevant information that is recorded by the Police on the PNC.

The enhanced DBS check is the highest level available of criminal record check and is available for those working in regulated activity with children or adults.

Applicants for gaming and lottery licences and judicial appointments are also entitled to an enhanced DBS check.

The DBS recognise that the standard and enhanced disclosure information can be extremely sensitive and personal therefore it has published a code of practice and employers’ guidance for recipients of disclosures to ensure they are handled fairly and used properly.

If you require any help or support please contact us.

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