This policy and guidance is part of the Employment Handbook and can be found in the
‘Recruitment and Selection’ section on Schoolsnet – UNCLASSIFIED
Disclosure and Barring
Service Policy
Summary
The school, has a duty of care to protect the wellbeing of the children and to ensure that the staff
they employ are suitable to work with children.
The law requires checks be carried out to ensure that people who may pose a threat to those at
risk are not given positions of trust where they could exploit the children entrusted to their care.
Issued by: Human Resources - UNCLASSIFIED
1st Issue: September 2012 Last reviewed: October 2015
Updated: October 2015
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HR Policy and Guidance
Disclosure and Barring Service Policy
Quick Glance
Who does this policy apply to?
What is a Disclosure and Barring Service (DBS) check?
What is the definition of a regulated activity if you work with
children?
What establishments are covered under the definition of
regulated activity for children?
What is the definition of supervision?
What is the definition of regular for regulated activity for
children?
When will the school apply for an enhanced DBS check?
Is there a minimum age for when an individual can be eligible for
a DBS disclosure?
Who decides if a post requires a DBS?
How do I get a DBS check?
When would I need a new DBS check?
I work at a school and have an ER200 and a List 99 check; do I
need a DBS check?
Will spent convictions appear on a DBS check?
Will I get a copy of the DBS check?
Can I start working without a DBS check?
Can I use a DBS disclosure from my previous employer?
I am an agency worker/seconded from another organisation –
do I need a new DBS check?
Will the employment agency provide the school with a copy of
my DBS check?
I am a consultant engaged to undertake a piece of work for the
school– do I need a new DBS check?
Will I require an additional check if I was born abroad, travelled
extensively or lived overseas?
What happens if my DBS check reveals any convictions or
additional information?
What is the DBS Panel?
What happens to the DBS disclosures received by the council?
What happens if the ISA bar me from working with children or
adults?
I am a school governor; do I need a DBS check?
Are cleaners, caretakers and school administrators still subject
to a DBS check?
I am a volunteer in a school; will I be eligible for a DBS check?
How is the term volunteer defined?
Will the head teacher keep a copy of the recruitment
documentation I have checked?
I am visiting a school; do I need a DBS check?
Will I be asked for photographic ID when I visit a school?
Will the school receive a copy of my DBS Disclosure?
Can the head teacher take a copy of a DBS Disclosure I have
provided?
I am a supply teacher; will the school undertake recruitment
checks including a DBS Disclosure?
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HR Policy and Guidance
Disclosure and Barring Service Policy
I am an examination invigilator; do I have to have a DBS check?
I am a professional worker (social workers, Educational
Psychologist) visiting a school for work purposes, do I need a
DBS check?
I have been dismissed from my job working with children and
young people; does my employer have to inform the ISA?
Who does this
policy apply to?
All employees working with children and who undertake a
regulated activity.
In the context of this policy ‘working’ includes volunteers as
well as paid employees. Volunteers will be eligible for a
DBS check with a barred check where a regulated activity is
undertaken which is unsupervised.
DBS checks are requested as part of an organisation’s
recruitment process – individuals and self employed can not
directly apply to the DBS.
What is a
Disclosure and
Barring Service
(DBS) check?
Previously known as a CRB (Criminal Records Bureau)
check, a DBS (Disclosure and Barring Service) check is a
record of an individual's unprotected Convictions, Cautions,
Reprimands and Warnings and can also include intelligence
held by the police and/or the DBS that relates to that
individual and their suitability for a job position
There are currently three levels of Disclosure. These are as
follows:-
Standard This checks for spent and unspent convictions,
cautions, reprimands and final warnings.
Enhanced This includes the same as the standard check
plus any additional information held by local police that’s
reasonably considered relevant to the workforce being
applied for (adult, child or ‘other’ workforce).
Enhanced with list checks This is like the enhanced
check, but includes a check of the DBS barred lists. There
are 2 DBS ‘barred lists’ (previously called ISA barred lists) of
individuals who are unsuitable for working with children
and/or adults
People on the barred lists can’t do certain types of work and
It’s against the law for employers to employ someone or
allow them to volunteer for this kind of work if they know
they’re on one of the barred lists.
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The level of check is dependent on the nature of the role
and guidance found on the DBS website
An employee is eligible for a DBS check with barred list
check if they meet the definition of regulated activity for
children.
What is the
definition of a
regulated activity if
you work with
children?
Employees are eligible for a DBS Disclosure with a barred
list check if they are regularly:
Responsible, for teaching, training, instructing, caring
for or supervising children if the person is unsupervised
; or.
 Providing advice and guidance on wellbeing or driving
a vehicle only for children or
 Working in a specified place (which includes schools)
with the opportunity for contact with children (this does
not include work done by supervised volunteers)
OR if they will ever
 Carry out relevant personal care (e.g. helping a child
for reasons of age, illness or disability eating, drinking,
washing, toileting, bathing and dressing), or health
care for children provided by or provided under the
supervision of a health care professional
What
An activity is considered a regulated activity if it is carried
establishments are
out in one of the following establishments and is undertaken
covered under the
regularly (see definition of regular below):definition of
regulated activity for
 Schools.
children?
 Sixth form colleges which is wholly or mainly for
under 18 year olds.
 Gloucester hospital education centre
 Nursery schools
 Institutions for the detention of children
 Children’s centres
 Child care premises
 Children’s residential
Employees are not eligible to apply for a DBS check unless
working in one of the establishments which fall under the
definition of regulated
What is the
definition of
supervision?
The regulations say that supervision must be reasonable
and should give managers the flexibility to determine what is
reasonable in the circumstances. The precise nature of
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supervision will vary from case to case. However,
supervision must be: regular (on-going);
 day-to-day;
 reasonable in all circumstances for the purpose of
protecting the children concerned;
 carried out by an individual who is engaging in
regulated activity relating to children and has a DBS
disclosure with barred list check.
When considering what level of supervision is reasonable,
we will consider the following: the age of the children concerned;
 the number of children an individual is working with;
 whether or not there are other workers around;
 the nature of the work and opportunity for contact with
children;
 the vulnerability of the children;
 the experience of, and the checks that have been
carried out;
 the number of people being supervised.
What is the
The definition of regular activity is where a regulated activity
definition of regular is undertaken by the same individual as follows:for regulated activity
 work undertaken on three or more days in a 30 day
for children?
period;
 work undertaken at least once, overnight and with the
opportunity for face-to-face contact with children.
When will the
school apply for an
enhanced DBS
check?
standard checks – To be eligible for a standard level DBS
certificate, the position must be included in the
Rehabilitation of Offenders Act (ROA) 1974 (Exceptions)
Order 1975.
enhanced checks – To be eligible for an enhanced level
DBS certificate, the position must be included in both the
ROA Exceptions Order and in the Police Act 1997 (Criminal
Records) regulations.
enhanced checks with children’s and/or adults’ barred
list check(s) – To be eligible to request a check of the
children’s or adults’ barred lists, the position must be eligible
for an enhanced level DBS certificate as above and be
specifically listed in the Police Act 1997 (Criminal Records)
regulations as able to check the appropriate barred list(s).
You can access the various Police Act 1997 (Criminal
Records) regulations by searching for them on
Legislation.gov.uk. This will not provide a list of job roles –
such a list does not exist. Instead each regulation can be
opened to identify what roles, duties or activities have been
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included from the date that the regulation was brought in. It
is important to note that the regulations can also remove
roles, duties or activities.
.
Is there a minimum
age for when an
individual can be
eligible for a DBS
disclosure?
Yes, you are not eligible for a DBS disclosure if you are
under the age of 16.
Who decides if a
post requires a
DBS?
The Safeguarding Vulnerable Groups Act, 2006, The
Protection of Freedoms Act 2012, and the Rehabilitation of
Offenders (Exceptions) Order 1975,
and the Police Act 1997 (Criminal Records) regulations. set
out when a post requires a DBS. The school will decide if
the post meets the requirements for a DBS check.
How is a DBS
check obtained?
If the school buys the GCC service, the Business Service
Centre (BSC) DBS team manage DBS checks. If the post
requires a check, the school sends a form to the successful
applicant.. Full information about the application process is
available from the council’s website
A DBS check has no official expiry date. However any
Do DBS checks run information included will be accurate at the time the check
out?
was carried out and the school may decide that a new check
is needed in some circumstances e.g.
.
When there is a break in service of three months or
more from work in a regulated activity
 An employee moves to a job that has more direct
access with children or a greater responsibility for
safeguarding children
 If an employee’s actions or activities give cause for
concern.
If an employee or applicant is registered with the update
service this can be used to keep a certificate up to date or
carry out checks on a potential employee’s certificate
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HR Policy and Guidance
I work at a school
and have an ER200
and a List 99 check;
do I need a DBS
check?
Will spent
convictions appear
on a DBS check?
Who receives the
DBS disclosure?
Disclosure and Barring Service Policy
All school based employees are required to have a DBS
check. However, if you have been continuously employed in
the same role before 2002 and have an ER200 and List 99
check, you do not need a DBS check unless you change
roles. The school will need documentary evidence of these
checks recorded on the single central school record.
Yes. The DBS check will show all convictions, cautions,
reprimands or warnings – spent or unspent. that are not
“protected” as defined by the Rehabilitation of Offenders Act
1974 (Exceptions) Order 1975 (as amended in 2013)
The DBS will only send a copy of the certificate to applicant;
the registered body will no longer receive a copy of the
certificate.
Can the employee
The DBS check forms one part of a wider safer recruitment
start working
process and employees would not normally be able to start
without DBS check? in a post without a completed check. However, the school
can agree to the employee starting without a DBS disclosure
if:
all other recruitment checks have been satisfactorily
completed

they have completed a new DBS application form

they have had a children’s barred list check which
shows you are not barred from working with children

they are appropriately supervised. The amount of
supervision required is dependent on the employee’s
history, experience, responsibilities and the nature of
their duties
Any employee allowed to start in a new job, will be
subject to a satisfactory DBS check.
Is a DBS disclosure
from a previous
employer
acceptable?
You can use a DBS disclosure undertaken by a previous
employer if:
the DBS disclosure was carried out for the same role
the school is offering; and,

the DBS disclosure is not more than six months old;
and,
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
there is no break in service of three months or more;
and,

to the employee provides the school with details of the
previous disclosure.

the check is dated after the 17th June 2013,the
employee has registered with the DBS Update
Service and the school is offering a similar role.
or
Do agency
worker/seconded
from another
organisation –need
a new DBS check?
All agency workers and seconded employees would be
subject to the same checks as if they were directly employed
employees.
Will the
employment agency
provide the school
with a copy of the
DBS check?
The school does not need to see a copy of the DBS check
but they do need written confirmation from the employment
agency that there is a cleared DBS Disclosure.
This
should include the date the disclosure was issued and the
serial number of the disclosure document.
If the school
engages a
consultant to
undertake a piece
of work for the
school– do they
need a new DBS
check?
Self employed cannot apply for a DBS check unless it is
through a registered body. However, as the school has
engaged the consultant and if a DBS check is required, the
school can apply for a DBS check.
Will employees who
were born abroad,
travelled
extensively or lived
overseas require an
additional check?
They must undergo the same checks as for all other
employees. This includes a DBS Disclosure and children’s
barred list check. In addition, the school must make such
further checks as they consider appropriate. e.g. additional
references from employers overseas.
What happens if my
DBS check reveals
any convictions or
additional
information?
The school complies fully with the DBS Code of Practice and
undertakes to treat all candidates for posts fairly. We will not
discriminate unfairly against any candidate subject to a
Disclosure based on conviction or other information
revealed.
Alternatively, if the consultant is registered with an
employment agency, the agency can arrange to process
your DBS check.

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HR Policy and Guidance
Disclosure and Barring Service Policy
The school is committed to the fair treatment of its
employees, potential employees or users of its services,
regardless of race, gender, religion, sexual orientation,
responsibilities for dependants, age, physical/mental
disability or offending background.
NOTE: The following paras only apply to those schools
who buy the DBS service from GCC. Other schools will
have their own arrangements for clearing DBS
certificates.Set out below is a Policy Statement on the
Recruitment of Ex Offenders.
If we receive an unclear DBS disclosure this will be referred
to the GCC DBS panel.
What is the DBS
Panel?
A DBS disclosure which contains any convictions, cautions,
reprimands and warnings held on the police national
computer or information held on the barred lists will be
referred to the GCC DBS Panel.
The role of the DBS Panel is to consider the information
based on a set of criteria and decide whether you can be
cleared in the post you have been offered. The criteria is as
follows










How relevant the offences are to the tasks that the
applicant will be required to perform.
The age of the applicant at the time of the offence or
offences.
The age of the offence/ conviction.
The type of conviction.
The number of offences – was the offence a one off or
part of a history of re-offending.
The seriousness of the offence and its relevance to
safety of other employees and service users.
Whether the offence has since been decriminalised by
Parliament.
Whether the applicants circumstances have changed
since the offences were committed.
The degree of remorse, or otherwise, expressed by the
applicant.
Notes from panel – previous decisions made where
similar offences or working with particular service user
groups informed the decision.
If the panel are unable to make a decision based solely on
the information in the disclosure then further information is
sought from the applicant and, if necessary the recruiting
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Disclosure and Barring Service Policy
manager and the police.
If the panel do not clear a disclosure, the applicant will be
advised and will have the right to appeal. This is usually in
the form of a letter, but, in exceptional circumstances, the
applicant can seek to appeal to the panel direct.
What happens to
the DBS
disclosures
received by the
council?
The DBS set very strict standards for handling such
sensitive information and the council complies with this
Code of Practice. Full information about the handling of this
information can be found on the DBS website.
What happens if the
Disclosure and
Barring Service
bars a person from
working with
children or adults?
The barred person cannot continue to work directly in a
regulated activity if barred by the DBS. and the applicant
would need to removed from that post and an assessment
made whether or not there is an opportunity to redeploy.
Do school
governors; need a
DBS check?
No, unless they meet the definition of regulated activity.
However, the school has the discretion to apply for an
enhanced DBS check without barred list check, as the
position meets the old definition of regulated activity.
It would be a criminal offence for the school to continue to
employ someone in a post working with children or adults. It
is also a criminal offence for someone who is barred to
apply to work with children or adults.
Governors at independent schools or academies do require
an enhanced DBS check. This is part of the Education
(Independent School Standards) (England) Regulations
2010.
Are cleaners,
caretakers and
school
administrators still
subject to a DBS
check?
Yes, all employees on the school’s payroll will fall under the
definition of regulated activity.
Will volunteers in a
school; be eligible
for a DBS check?
Volunteers will not be considered to be in a regulated activity
if they are supervised to the appropriate level.
However, unsupervised and they meet the definition of
regulated activity, they will be eligible for a DBS check with
the barred list check. If unsupervised and the work meets
the old definition of regulated activity the school may decide
to apply for an enhanced DBS check without the barred list
check but they do not have to.
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HR Policy and Guidance
How is the term
volunteer defined?
Disclosure and Barring Service Policy
The term is defined in the Police Act 1997 (Criminal
Records) Regulations 2002, as ‘any individual engaged in
an activity which involves spending time, unpaid (except for
travel and other approved out of pocket expenses), doing
something which aims to benefit some third party and not a
close relative. Genuine volunteers are still entitled to a free
of charge DBS disclosure.
A volunteer must not:
receive payment (except for travel or other approved
out of pocket expenses.

be on a work placement

be on a course that requires them to do this job role

be in a trainee post that will lead to a full-time
role/qualification.
Should the volunteer move into a paid position that requires
a DBS check, then a new DBS check will be needed.
Will the head
teacher keep a
copy of the
recruitment and
checks?
The school will not keep a copy of all the recruitment checks
carried out; however, they are required to maintain a single
central record. On this record, they will record what
documentary evidence has been provided, who checked the
documentation and the date it was checked.
The single central record should record the following:








Will visitors to the
school; need a DBS
check?
name/date of birth
identity checks carried out, what was seen, who saw
it and when
address
right to work in the UK for all non EU Nationals
GTC registration/qualifications; what was seen, who
saw it and when
children’s barred list check
DBS Disclosure
further overseas checks
It is not necessary to obtain a DBS Disclosure for visitors
who will only have contact with children on an ad hoc or
irregular basis for short periods of time, or secondary pupils
undertaking voluntary work or work experience in other
schools. However, it is good practice to ensure they sign in
and out and are not left unsupervised with children.
Examples of people who do not need to apply for a DBS
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HR Policy and Guidance
Disclosure and Barring Service Policy
Disclosure are as follows:





Visitors who have business with the head teacher,
principal or other employees or who have brief
contact with children with employees present.
Visitors or contractors who come on site only to carry
out emergency repairs or service equipment and who
would not be expected to be left unsupervised on
school premises.
Volunteers or parents who only accompany
employees and children on one off outings or trips
that do not involve overnight stays, or who only help
at specific one off events e.g. a sports day, school
fete or college open day.
Secondary pupils on Key Stage 4 work experience in
other schools, FE colleges or nursery classes;
secondary pupils undertaking work in another school
or FE college as part of voluntary service, citizenship
or vocational studies; or Key Stage 5 or sixth form
pupils in connect with a short careers or subject
placement. In these cases the school placing the
pupil should ensure that they are suitable for the
placement in question.
People who are on site before or after school or
college hours and when children are not present, e.g.
local groups who hire premises for community or
leisure activities, contract cleaners who only come in
after children have gone home, or before they arrive.
Is photographic ID
necessary for
school visitors?
There is no requirement for a school to ask for a photo ID.
However, they must satisfy themselves that the visitor is
who they say they are.
Will the school
receive a copy of
DBS Disclosures?
No. For disclosures issued after 17th June 2013 the DBS
will only send a copy of the disclosure to the applicant who
will need to show the original disclosure to the school so
they can record the number etc. on the school’s central
record. For checks from another employer, the school will
seek the individual’s permission to access the DBS Update
Service to confirm that the certificate is current. If the check
of the Update service reveals that the certificate is not
current a new DBS check will be needed.
Can the head
The head may seek agreement to copy the certificate to
teacher take a copy send to the council DBS Panel to request advice on
of a DBS Disclosure suitability for employment in the school.
The copy
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provided?
disclosure would be destroyed by DBS team in the Business
Service Centre once the panel have made their decision.
There are no other circumstances in which the disclosure
should be copied.
Do supply teacher;
need to recruitment
checks including a
DBS Disclosure?
For those employed directly by the school, they will be
required to undertake the normal recruitment checks. If
there bas been a break of three months or more between
jobs, then a new DBS Disclosure will be undertaken.
However, if the applicant has registered a disclosure with
the DBS Update Service a new DBS will be required if:




The applicant fails to maintain annual registration with
the Update Service
The role is working with a different vulnerable group
than that for which the original certificate was issued.
The Update Service reveals that the certificate is no
longer current
The original certificate is lost
If the supply teachers is employed via an employment
agency, then the agency will have carried out all the
recruitment checks which the school requires. In this case,
the school will ask for written confirmation that the checks
have been undertaken. They will also ask the agency to
confirm that a cleared DBS Disclosure has been obtained.
This confirmation will be used as evidence on the school’s
Single Central Record for Ofsted.
Do examination
invigilator have to
have a DBS check?
Invigilators (paid and voluntary) will be required to have an
enhanced disclosure with barred list check.
Do professional
worker (social
workers,
Educational
Psychologist)
visiting a school for
work purposes,
need a DBS check?
There is no requirement on the school to ask for a DBS
check as one will already have one undertaken by their
employer. However, the school must satisfy itself that the
person is who they say they are.
If an employee is
dismissed from
working with
children and young
people; does the
employer have to
If an employee is dismissed because they have caused
harm to a child or vulnerable adult, the school has a legal
obligation to inform the DBS.
Details about the referral process can be found on the DBS
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HR Policy and Guidance
inform the DBS?
Disclosure and Barring Service Policy
website.
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HR Policy and Guidance
Disclosure and Barring Service Policy
School information can be obtained from the Keeping Children Safe in Education
2015. This is available at the link below.
https://www.gov.uk/government/publications/keeping-children-safe-in-education--2
Further information about DBS checks is available on the DBS website
https://www.gov.uk/disclosure-and-barring-service-criminal-record-checks-referralsand-complaints
Single Central Record information can be found in the Safeguarding Children and
Safer Recruitment in Education (January 2007), Chapter 4.
https://www.education.gov.uk/publications/eOrderingDownload/Final%206836Safeguard.Chd%20bkmk.pdf
Code of Practice for DBS can be found at the following link
https://www.gov.uk/government/publications/dbs-code-of-practice
Information on eligibility posts can be found on the following link
https://www.gov.uk/government/publications/dbs-check-eligible-positions-guidance
14
GCC Policy Statement on the Recruitment of Ex-Offenders (to be
made available to employees/applicants for whom GCC are
carrying out Criminal Record Checks)
 GCC complies fully with the DBS Code of Practice and undertakes to treat all
candidates for posts fairly. It undertakes not to discriminate unfairly against any
candidate subject to a Disclosure on the basis of conviction or other information
revealed.
 GCC is committed to the fair treatment of its employees, potential employees or
users of its services, regardless of race, gender, religion, sexual orientation,
responsibilities for dependants, age, physical/mental disability or offending
background.
 This policy statement on the recruitment of ex-offenders will be made available
to all Disclosure applicants on request.
 We actively promote equality of opportunity for all with the right mix of talent,
skills and potential and 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 working with children, families and vulnerable adults and, in certain
circumstances their information are subject to a satisfactory Disclosure and
Barring Service (DBS) check. For those posts where a Disclosure is required,
all job adverts and recruitment information will contain a statement that a
Disclosure will be requested in the event of the individual being offered the
post.
 All applicants applying to work with Children and Vulnerable adults will be
asked to declare if they have ever been convicted of a criminal offence or if
there are offences pending.
 Applicants who are applying for work which does not involve working with
Children and Vulnerable adults will be asked about “unspent” convictions only
as defined in the Rehabilitation of Offenders Act 1974.
 At interview we will ensure that an open and measured discussion takes place
on the subject of any offences or other matter that might be relevant to the post.
Failure to reveal information that is directly relevant to the post sought could
lead to withdrawal of an offer of employment.
 Disclosures that reveal convictions are subject to the DBS Panel procedures
that are outlined in Appendix 3.
We ensure everyone subject of a DBS Disclosure aware of the existence of the DBS
Code of Practice and make a copy available on request.
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