DBS checks - are you getting it right?
Ensure you're legally and CQC compliant - please keep updated with new rules and guidance.
What DBS check do you need? Standard? Enhanced? Enhanced and barred?
ONLINE GUIDANCE TOOL - Find out what DBS check you can apply for.
An employer can only ask for a barred list check for specific roles. It’s a criminal offence to ask for a check for any other roles.
Standard DBS checks show convictions held on the police national computer, including ‘spent’ convictions, together with cautions, reprimands and warnings.
Enhanced checks contain all the information in a standard check plus any local police information about the applicant that the police believe is relevant and ought to be disclosed. In order to apply for an enhanced check your applicant must be working within the care home environment and have 'care home' within their job title. If a person working with adults meets all the requirements below, then an employer can request an enhanced check without barred list information:
- The adults with whom the person works fall into the definition of adults set out in section 59 of the SVGA (before it was amended by the PoFA).
- The person provides any of the regulated activities relating to adults set out in Part 2 of Schedule 4 to the SVGA (before it was amended by the PoFA).
- The person undertakes the work regularly (the meaning of this is set out in Part 3 of Schedule 4 to the SVGA (before it was amended by the PoFA)
Enhanced check including Barred lists
In addition to the enhanced check they include a check of the children’s, adults’, or children’s and adults’ lists. Barred list information relates to the lists of people, held by the DBS, who are barred from working in regulated activity).
Only people undertaking a role falling within the definition of regulated activity in the SVGA are subject to the barring regime. In relation to care home / home care services this can be summaries as below:
- Anyone who provides an adult with physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of the adult’s age, illness or disability, is in regulated activity.
- Anyone who prompts and then supervises an adult who, because of their age, illness or disability, cannot make the decision to eat or drink, go to the toilet, wash or bathe, get dressed or care for their mouth, skin, hair or nails without that prompting and supervision, is in regulated activity.
- Anyone who trains, instructs or provides advice or guidance which relates to eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails to adults who need it because of their age, illness or disability, is in regulated activity.
- There is one exception to this. Excluded from regulated activity is any physical assistance provided to an adult in relation to the care of their hair when that assistance relates only to the cutting of the adult’s hair. This is to ensure that hairdressers who cut the hair of patients and residents in hospitals and care homes are not engaging in regulated activity.