DISCLOSURE AND BARRING SERVICE (DBS) CHECKS and HANDLING OF DBS CERTIFICATE INFORMATION POLICY
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DISCLOSURE AND BARRING SERVICE (DBS) CHECKS and
HANDLING OF DBS CERTIFICATE INFORMATION POLICY
Including GUIDANCE NOTES (background/rationale and legal requirements)
POLICY STATEMENT
This policy statement is written to ensure Chichester Counselling Services (CCS) has appropriate
safeguarding checks in place relating to the recruitment of staff, suitability of counsellors and to
safeguard users of our service against abuse and neglect. It relates to all staff (whether employed or
self-employed), volunteers and trustees.
CCS obtains and makes decisions based on information provided on DBS Disclosures in accordance
with the Data Protection Act, the DBS Code of Practice and the Rehabilitation of Offenders (RO) Act.
For certain roles (see below), the check will also include information held on the DBS adults’ barred
lists, alongside any information held by local police forces, that is considered to be relevant to the
applied-for post.
This policy should be read in conjunction with CCS’s Data Protection Policy and related Data
Protection & Confidentiality policies, and Recruitment, Appointment and Pay Policy.
In summary:
• As a minimum, CCS will request a Basic criminal record check as part of the recruitment
process. These checks are processed by the Disclosure and Barring Service (DBS);
• CCS undertakes to request a Standard DBS check for those working in the office, not directly
with clients but who will come into contact with clients in the building whilst covering
receptionist duties;
• CCS undertakes to request an Enhanced (with Barred List) DBS check with for those who
have direct access to, or work directly with adults in a ‘regulated activity’ (as defined by the
Safeguarding Vulnerable Groups Act 2006);
• DBS checks will be renewed at least once every 3 years;
• If a staff member/volunteer has subscribed to the DBS Update Service, CCS will accept
evidence of DBS clearance at the time of the required check provided the individual's
information has not changed.
CCS uses an umbrella body (external provider) to apply for DBS checks on its behalf. When a check
has been processed by the DBS and completed, the applicant will receive a DBS certificate. CCS will
be notified by the umbrella body as to whether the check is ‘clear’ or comes with ‘disclosures’. If
there are disclosures, CCS will request further information from the applicant and consider whether
those disclosures are relevant to the applied-for post.
One administrator and the Chief Executive are names authorised users of the system.
Page 1 of 7The following type of DBS check will be required according to the post held.
Requirement Role/Title/Post held
Enhanced with Barred list check
Person counselling client Qualified Counsellor
Year 2 student, with client(s)
Year 3 & Diploma Extension student
Person assessing potential new or returning Assessor
client
Person supervising counsellor, supervisor or Supervisor
assessor working with client Supervisor of clinical team
Counsellor or assessor visiting a client at Counsellor
home or other venue (i.e., other than at CCS’ Assessor
premises)
Person providing clinical management Counselling Manager (Head of Counselling)
(including line management of counsellors,
supervisors and assessors)
Standard
Person providing training services to CCS Tutor (including Year, Personal, Project, Research
students and Group Facilitator)
Person providing training management Training Manager (Head of Training)
Other members of management/office team Finance Manager
Office administrator / Receptionist
Person volunteering with administration tasks Unsupervised volunteer (Admin)
(unaccompanied, usually during office hours)
Person providing cover for counsellor lone Volunteer (Admin)
working (usually outside office hours) Admin assistant / Receptionist
Person to whom executive staff team and Chief Executive
clinical consultant reports
Person who acts as a trustee Trust Board member
None required
Persons undergoing Year 1 training Year 1 student
Person undergoing Year 2 training, not yet Year 2 student, no client(s)
counselling CCS clients
Person responsible for cleaning Cleaner
accommodation (usually outside office hours)
Person volunteering with administration tasks Supervised volunteer (Admin)
supervised and accompanied by a member of
the office team, during office hours
Page 2 of 7Responsibility for checks
The line manager responsible for a new recruitment (see Recruitment, Appointment and Pay Policy)
will be responsible for ensuring the applicant undergoes a DBS check if applicable prior to being
offered a position and/or contract.
The Counselling Manager (Head of Counselling) will be responsible for ensuring counsellors
(students/trainees and qualified volunteers) undergo a DBS check before working with clients.
The line manager must ensure the Chief Executive is made aware of any recruitment decision made
following a disclosure.
Outcome of checks – for those providing psychotherapy and counselling (Enhanced checks and
working in a ‘regulated activity’)
Barred list - anyone on the DBS Barred list may not undertake the provision of psychotherapy and
counselling on behalf of Chichester Counselling Services. In most cases, an individual will be
dismissed for misconduct and the appropriate procedure to terminate the employment will be
initiated in accordance with CCS’ Disciplinary and Grievance Policy.
Other disclosures – it is the responsibility of the line manager to raise the matter of any disclosure
with the person concerned and request sight of the DBS Certificate to determine whether the nature
of the disclosure prevents them from taking up the post. The line manager should make a
confidential note in the personnel file to record that they have seen the certificate and discussed any
disclosure as deemed necessary and the outcome/decision.
Outcomes of checks – for other roles (not counselling provision) (Standard checks)
It is the responsibility of the line manager to raise the matter of any disclosure with the person
concerned and request sight of the DBS Certificate to determine whether the nature of the
disclosure prevents them from taking up the post. The line manager should make a confidential
note in the personnel file to record that they have seen the certificate and discussed any disclosure
as deemed necessary and the outcome/decision.
Payment for DBS check and Updating Service
CCS will pay the cost of the DBS check (free for volunteer roles).
The individual/employee will be responsible for paying any fee due for registering for the
government Updating Service (free for volunteer roles).
Designated Officer for Safeguarding
The organisation’s Designated Officer for Safeguarding on a day to day basis is the Counselling
Manager (Head of Counselling).
Note about recruitment and DBS checks
Standard checks will only be requested for new recruitments from the date of the policy (i.e.
February 2017) as stated in the job application form.
Page 3 of 7Handling of DBS certificate information
This part of the policy is in regards to the secure storage, handling, use, retention and disposal of
Disclosure and Barring Service (DBS) certificates and certificate information.
1. General principles
As an organisation using the Disclosure and Barring Service (DBS) checking service to help assess the
suitability of applicants for positions of trust, Chichester Counselling Services seeks to comply with
best practice regarding the correct handling, use, storage, retention and disposal of certificates and
certificate information and its obligations under the General Data Protection Regulation (GDPR),
Data Protection Act 2018 and other relevant legislation pertaining to the safe handling, use, storage,
retention and disposal of certificate information.
2. Storage and access
Certificate information is held securely, in lockable, non-portable, storage containers or password
protected devices with access strictly controlled and limited to those who are entitled to see it as
part of their duties.
3. Handling
In accordance with section 124 of the Police Act 1997, certificate information is only passed to those
who are authorised to receive it in the course of their duties.
4. Usage
Certificate information is only used for the specific purpose for which it was requested and for which
the applicant’s full consent has been given.
5. Retention
Once a recruitment (or other relevant) decision has been made, we do not keep certificate
information for any longer than is necessary. This retention will allow for the consideration and
resolution of any disputes or complaints, or be for the purpose of completing safeguarding audits.
Throughout this time, the usual conditions regarding the safe storage and strictly controlled access
will prevail.
6. Disposal
Once the retention period has elapsed, we will ensure that any DBS certificate information is
immediately destroyed by secure means, for example by shredding, pulping or burning. While
awaiting destruction, certificate information will not be kept in any insecure receptacle (e.g. waste
bin or confidential waste sack).
Date March 2017 updated July 2019, January 2022
Owner Chief Executive
Review As required
Page 4 of 7GUIDANCE NOTES:
BACKGROUND/RATIONALE AND LEGAL REQUIREMENTS relating to
Disclosure and Barring Service (DBS) Checks Policy
The Disclosure and Barring Service (DBS) is the government’s process for providing information to
employers and organisations about whether an individual is suitable for particular types of work.
The DBS carries out criminal record checks for specific positions, professions, employment, offices,
works and licences included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and
those prescribed in the Police Act 1997 (Criminal Records) regulations.
Before an organisation considers asking a person to apply for a criminal record check through DBS,
they are legally responsible for ensuring that they are entitled to submit an application for the job
role.
Rehabilitation of Offenders Act 1974 (ROA)
The ROA was introduced to ensure that ex-offenders who did not re-offend for a specified period
following their conviction were not discriminated against when applying for jobs. Once a specified
period has elapsed the conviction becomes spent, and the applicant is not legally required to
disclose the conviction.
In order to protect certain vulnerable groups within society there are a number of posts and
professions that are exempted from the ROA. In these cases employers are entitled to be advised of
both spent and unspent convictions.
Regulated Activity and Exceptions to the Act
Various kinds of employment, occupations and professionals are exempted. The provision of
psychotherapy and counselling is exempt and known as a regulated activity (see below).
The Exceptions Order overrules the employment rights an ex-offender would otherwise have in
respect of spent convictions. Ex-offenders have to disclose information about spent, as well as
unspent convictions, provided the employer states clearly on the application form or at the
interview that the job applied for is exempted.
For this reason the following statement appears on CCS’ Job Application form:
Candidates are advised that an enhanced check with the Disclosure and Barring Service (DBS) may
be requested in the event of their application being successful. We encourage all applicants called
for interview to provide details of their criminal record at an early stage in the application process.
We request that this information is sent under separate, confidential cover, to a designated person
within Chichester Counselling, and we guarantee that this information will only be seen by those
who need to see it as part of the recruitment process. Candidates are advised that a criminal record
will not necessarily result in an offer of employment being withdrawn.
Have you had any criminal convictions? YES / NO (please circle relevant answer)
Please note that this post is deemed exempt under the Rehabilitation of Offenders Act 1974
Types of DBS check
DBS can provide information about people in three ways:
Page 5 of 71. A Standard Disclosure - gives details of a person’s convictions (including spent convictions) plus
any cautions, reprimands or warnings held in England and Wales on the Police National
Computer.
To be eligible for a Standard DBS check the position must be included in the Rehabilitation of
Offenders Act (ROA) 1974 (Exceptions) Order 1975.
2. An Enhanced Disclosure - as per the Standard Disclosure plus any locally held police information
considered to be relevant to the job role.
To be eligible for an enhanced level DBS certificate, the position must be included in both the
ROA Exceptions Order and in the Police Act 1997 (Criminal Records) regulations, typically those
working with children, young people and/or vulnerable adults.
3. An Enhanced check with Barred List Check for regulated activity - To be eligible to request a
check of the children’s or adults’ barred lists, the position must be eligible for an enhanced level
DBS certificate as above and be specifically included in the Police Act 1997 (Criminal Records)
regulations as able to check the appropriate barred list(s). The position must meet the definition
of Regulated Activity.
Regulated Activity
The definition of ‘regulated activity’ (adults) as defined by the Safeguarding Vulnerable Groups Act
2006 includes: The provision of psychotherapy and counselling to an adult which is related to health
care the adult is receiving from, or under the direction or supervision of, a health care professional,
is regulated activity. This would include the provision of psychotherapy and counselling over the
telephone.
Full guidance:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/216900/Regulated
-Activity-Adults-Dec-2012.pdf
Barred list – the DBS keeps a list of people who are barred from taking part in particular kinds of
work with children and vulnerable adults. People on the barred lists can’t do certain types of work,
known as working in a regulated activity. It’s against the law for employers to employ someone or
allow them to volunteer for this kind of work if they know they’re on one of the barred lists.
Recruitment checks & DBS certificates
DBS checks are only accurate up to the date of the initial DBS certificate or status check.
DBS only issue one paper certificate to the applicant. Employers have to request to see the
certificate from the applicant. If an employee hasn't brought their certificate in to their
employer within 28 days of the issue date, the employer can instruct Disclosure Services to
request a reprint of the certificate from the DBS. A reprint will be posted directly to the
employee. Each DBS check will show the date on which it was printed.
DBS checks do not carry a pre-determined period of validity because a conviction or other
matter could be recorded against the subject of the DBS check at any time after it is issued.
There is no official expiry date for a DBS check. Any information revealed on a certificate will be
that held by police at the time the check was issued.
The employer will need to check the date of issue on the certificate to decide whether to
request a new one. If the employee has subscribed to the DBS Update Service the employer can,
with the permission of the employee, request a Status check.
Page 6 of 7Renewal of DBS check / frequency of checks
As above, the employer will need to check the date of issue on the certificate to decide whether
to request a new one. If the employee has subscribed to the DBS Update Service the employer
can, with the permission of the employee, request a Status check.
Some guidance (from SAFE) recommends that all DBS checks be renewed at least once every 3
years (or sooner if there has been a significant gap in employment) UNLESS the staff
member/volunteer has subscribed to the DBS Update Service, in which case, the employer can
check the update service regularly (with the applicant's permission) and will only need to ask for
a new DBS check if the update service suggests that the individual's information has changed.
How CCS obtains checks and payment
CCS estimates that it will not do more than 99 checks per year and so therefore is not eligible to
register as an organisation with the DBS. CCS uses an umbrella body services to apply for DBS
checks: uCheck https://www.ucheck.co.uk
DBS checks for volunteers are free (student/trainee counsellors do not qualify as a volunteer).
Other checks must be paid for (see policy statement below).
Government Updating Service https://www.gov.uk/dbs-update-service
The Update Service is a facility where an individual may choose to have their DBS Certificate kept up-
to-date and take it with them from role to role (within the same workforce) where the same type
and level of check is required.
The main purpose of the Update Service is if you recruit an individual and the role requires a DBS
check and the individual has registered with the Update Service you can, through your Disclosure
Services web account, with the individuals permission, use their current DBS certificate; subject to it
matching all the conditions.
The online Disclosure and Barring Service (DBS) update service allows:
• applicants to keep their DBS certificates up to date
• employers to check a DBS certificate
The online status check will detail if any new information/or changes have happened since the DBS
certificate was issued. If there is no change in status, you can, if you wish, accept the certificate
presented to you instead of undertaking a new DBS application.
Registering for the Updating Service
The individual employee can register to use the update service. There is no charge for volunteers
and a fee for others (£13 at the time of writing). A subscription to the update service lasts for one
year and can be renewed before it ends, otherwise you need to apply for a new DBS check and
register for the update service again.
How to register
If you’ve not yet applied for a DBS check, you can register for the update service using the
application reference number. DBS must receive your application form within 28 days.
If you’ve already applied, you can register for the update service using your DBS certificate number.
You must do this within 19 days of the certificate being issued.
The DBS tracking service can be used to check the progress of your DBS certificate.
DBS helpline/DBS customer services: customerservices@dbs.gsi.gov.uk Telephone: 0300 0200 190
Full guide: https://www.gov.uk/government/publications/dbs-update-service-applicant-guide/dbs-
update-service-applicant-guide
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