Guidelines for DBS Barring Process
People in Barred Lists are prohibited by law from taking positions that involve working closely with children or vulnerable adults. It is, therefore, illegal for an employer to recruit such persons to work in regulated activities. The decision on whether or not to include a person in the barred lists can be explained in the following three ways:
1. Automatic offense: this applies when a person is convicted in a court or given a caution after committing a criminal offense. The said individual is then asked to provide representations before the barring decision is made. An appeal is also provided for in case of errors, and a review of the body’s decision is then made accordingly.
2. Automatic Barring: this is a situation where the decision to include a person in a children’s or adults’ barring list is made without asking the involved person to arrange for representations. However, such individuals can still appeal on the decision that was arrived at, and DBS will then make the necessary reviews.
3. Referrals: these referrals usually come from employers after dismissing employees who were working with vulnerable groups. Such cases are taken through a 5- step process that involves initial assessment, information gathering, assessment and judgment, representation and decision making. The referred persons are also given an opportunity to appeal.
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