Certain employers and organisations have a legal duty to refer to DBS.
When both the conditions of the legal duty to refer are met,
employing or volunteer agencies should consult with the Disclosure and Barring Service and other relevant professional bodies about the requirement for a referral. Where a risk is identified with an unsubstantiated outcome, a referral can, and may still be legally required, to be made to DBS.
Regulated activity providers and personnel suppliers in Northern Ireland, England and Wales are legally required to make a barring referral to DBS.
A regulated activity provider:
Employers or voluntary organisations who are responsible for the management or control of regulated activity and make arrangements for people to work in regulated activity
Personnel suppliers:
An employment business, employment agency or an educational institution that makes arrangements with a person with a view to supplying that person to employers to undertake regulated activity When you must refer.
Condition one:
You permanently withdraw permission for a person to engage in regulated activity (as defined by DBS), or you move the person to another area of work that is not Regulated Activity. This includes situations when you would have taken the above action, but the person resigned, retired, or left your organisation before you could carry out this action.
Condition two:
You think the person has either:
The duty to refer applies even when a referral has been made to another body such as the police or a local authority safeguarding team. The duty to refer also applies irrespective of whether another body has made a referral to DBS in relation to the same person.
A person who is under a duty to refer and fails to do so without reasonable justification is committing an offence and may be liable to prosecution.
Further information on making referrals, including legal duty, relevant conduct and harm criteria can be found at: Making barring referrals to the DBS - GOV.UK (www.gov.uk)