BTC DBS/PVG/AccessNI Disclosures Policy V5.0 Page 5 of 16 Dec 2023 do so – they must be entitled by law to ask an individual to reveal their full criminal history, known as asking ‘an exempted question.’ An exempted question applies when the individual will be working in specific occupations, for certain licences and specified positions. These are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. The minimum age at which someone can be asked to apply for a criminal record check is 16 years old. There is an eligibility tool that can be used to find out what roles or activities could be eligible for a standard or enhanced check, or you can read their eligibility guidance. 1.3.5 Barring Where requested, an enhanced certificate will also include a check of one or both of the DBS barred lists. If an individual is listed, this will appear on their DBS certificate. It is the responsibility of the DBS to maintain these lists. This area of their work involves making fair, consistent and thorough decisions that are appropriate to the behaviour that has occurred, and considering the risk of future harm. People are brought to the attention of the DBS barring team in one of three ways: • Automatic – also known as autobar This is when someone has been newly convicted or cautioned for a serious offence and they are considered for immediate barring, either with or without the opportunity to make representations. This information comes from the Police National Computer. • Disclosure This is when someone applies for an enhanced DBS check to work with children or adults in certain circumstances, such as those in receipt of healthcare or personal care, and the check reveals relevant information that results in the individual being considered for inclusion on one or both of the barred lists. • Referral This is when an employer, volunteer manager or other organisation has concerns that someone has either caused harm or has the potential to cause harm to vulnerable groups and submits a referral to the DBS. Regulated activity providers (employers or volunteer managers of people working in regulated activity in England, Wales or Northern Ireland) and personnel suppliers have a legal duty to refer to DBS where conditions are met. Referrals can be made online or via post. To submit an online referral, create a DBS online account and once logged in, select ‘Submit a referral’. Alternatively, you can complete the DBS paper referral form and send to:
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