BTC DBS/PVG/AccessNI Disclosures Policy V5.0 Page 3 of 16 Dec 2023 1. DISCLOSURE AND BARRING SERVICE (ENGLAND, WALES, THE CHANNEL ISLANDS AND THE ISLE OF MAN) The Disclosure and Barring Service helps employers make safer recruitment decisions each year by processing and issuing DBS checks for England, Wales, the Channel Islands and the Isle of Man. DBS also maintains the adults' and children's Barred Lists and makes considered decisions as to whether an individual should be included on one or both of these lists and barred from engaging in regulated activity. Safeguarding is at the heart of everything at the Disclosure and Barring Service (DBS). The work they do helps to prevent unsuitable people from working with vulnerable groups, including children. 1.1 Bills and legislation The Rehabilitation of Offenders Act (ROA) 1974 sets out in legislation rehabilitation periods, and that individuals do not have to disclose spent convictions unless they are covered in the Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975. The Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975 sets out the exceptions for when an individual can be asked about spent convictions – known as asking ‘an exempted question’. The Safeguarding Vulnerable Groups Act 2006 sets out the scope of regulated activity and operation of the barring element of DBS, which was previously undertaken by the Independent Safeguarding Authority (ISA). The Criminal Records Bureau, which is now part of the DBS, was established under Part V of the Police Act 1997. This was updated as a result of Part 5 of the Protection of Freedoms Act 2012. Part 5 of the Protection of Freedoms Act 2012 covers the reduction in scope of the definition of regulated activity, new services provided by the DBS, and disregarding convictions and cautions for consensual gay sex. 1.2 Code of Practice BTC complies with the Revised Code of Practice for Disclosure and Barring Service Registered Persons. 1.3 DBS checks The DBS disclosure team carries out DBS checks (previously known as CRB checks) that result in certificates being issued to an individual. Employers can then ask to see this certificate to ensure that they are recruiting suitable people into their organisation. There are four levels of check: • basic check • standard check • enhanced check • enhanced check with barred list(s) The information contained on each type of check is different.
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