Things To Consider When Making A Barring Referral To The DBS

When you make a barring referral to the Disclosure and Barring Service (DBS) it is important that you provide us with good quality information. DBS makes fair, consistent and thorough barring decisions that are proportionate, and balance the effect of the bar on the individual with the future risk of harm to vulnerable groups. By providing a good quality referral, you are enabling us to make accurate and appropriate barring decisions.

The powers of DBS to include persons on a Barred List are contained within the Safeguarding Vulnerable Groups Act 2006 (SVGA), particularly at Schedule 3. To determine whether the case falls within our legal powers under the SVGA, consideration is given as to whether there is evidence that the person has previously worked in, is currently working in, or might in the future work in regulated activity*.

When this test has been satisfied, we will use the evidence provided to decide whether the referred person:
a) has engaged in relevant conduct; or,
b) presents a risk of harm through their thoughts or beliefs.

*Further information on regulated activity can be found on the DBS guidance leaflets GOV.UK page.

1. Examples of information to include with your referral

DBS relies on the quality of information you provide to us. When considering what information to provide in your barring referral, it is important to assess the relevancy and appropriateness of the information in relation to relevant conduct/harm.

1.1 Examples of information to submit with your referral can include:

• full dated chronology of events (if not included in the online referral form). Please include, and link in your referral bundle, any documents referenced in the chronology i.e., witness statements, meeting minutes, internal investigations
• witness statements – first-hand accounts of the behaviour (not summary)
• victim’s complaint or statement – demonstrates impact on the victim
• video evidence of the referred persons conduct
• images of any injuries sustained (photos or body mapping)
• reports and information of other organisations involved such as police, social services, or safeguarding bodies – including contact details
• minutes or notes of multi-agency meetings
• investigation reports and a copy of disciplinary meeting minutes
• details of the victim’s vulnerability –e.g., relevant parts of a care plan
• job description – to demonstrate responsibilities and the types of duties normally carried out
• application form or CV – to show past experience of working with vulnerable groups (this may also provide evidence towards the individual satisfying the ‘test for regulated activity’)
• training or qualifications records – related to the relevant conduct or harm, and date(s) training undertaken
• appraisal/supervision/disciplinary – provide documents which evidence conduct (misconduct and good conduct), offences, verbal or written warnings, allegations, incidents, behaviour or other acts or omissions of concern.

This is not an exhaustive list; please include anything you believe is relevant.

If you are aware that another organisation holds any documents about the individual you are referring, please tell us who and provide contact details. This includes external investigations and/or referrals to other organisations such as regulatory bodies.

2. Important considerations

2.1 Redaction and Anonymising

It is important that organisations redact information that is not necessary for DBS to know. You will likely have internal redaction policies to be mindful of. However, it is also very important not to over-redact a document. If removing names of witnesses or victims, please anonymise using a key rather than redact. This can ensure the information you send remains contextual. For example, ‘Witness 1’, ‘Child B’. If DBS are minded to include an individual on a Barred List, then we may need to share information relied upon to make this decision with the referred individual. Prior to sharing the information with the referred person, DBS will go through an internal redaction policy process.

2.2 Legibility

It is very difficult to decipher information when the information is difficult to read. Please be mindful of this and if necessary, also provide a typed version of a document. Make sure any statements are signed and dated.

2.3 Scanning

The quality of a document can be reduced once it has been scanned. Please check that the document is fully visible and of a quality where staff are able to read the full information or see the image clearly.

2.4 Jargon and Acronyms

Please be aware that if you use acronyms or jargon in your referral form, or any of the supporting paperwork, this might cause confusion. Different sectors may use the same acronyms or jargon for different things. Either use an index that covers the acronyms or jargon, or avoid the use of them altogether.

3. Further support, guidance, and useful links

DBS Barring Referral Guidance

DBS – How to make a good quality referral – video and transcript

DBS – Submit a barring referral

For further advice and information about how to make a good quality referral, please contact: dbsregionaloutreach@dbs.gov.uk

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