Legal requirements

Disclosure and Barring checks (DBS checks) are a legal requirement in England and Wales and help you employ staff suitable for working with vulnerable children and adults, whilst helping you comply with statutory regulations.

Homecare Association is a registered umbrella body with the Disclosure and Barring Service (DBS), enabling businesses and organisations throughout England and Wales to access criminal records data.

For further DBS guidance, please see our Disclosure and Barring Service (DBS) guides.

DBS eligibility guidance

If you are not sure whether an employee requires a DBS check more information can be found through the Disclosure and Barring Service's eligibility guidance.

Type of DBS check

Enhanced DBS check

Employees working as care or support workers who provide personal care to vulnerable people may be eligible for an Enhanced DBS check. The certificate will provide the same details as the Standard DBS check but may also contain non-conviction information supplied by relevant police forces if relevant.

Standard DBS check

Employees who do not provide personal care to vulnerable people may be eligible for a standard DBS check.

Barred list checks

An Enhanced DBS check with a Barred Lists certificate will contain the same information as an Enhanced DBS check but will also include a check of one or both Barred Lists.

There are three categories of barred list checks, and these are dependent on who they are employed to work with:

• Adult workforce - for employees working in regulated activity with vulnerable adults
• Child workforce - for employees working in regulated activity with children
• Adult and child workforce - for employees working in regulated activity with vulnerable adults and children.

Incidental contact with children during an employee’s work with vulnerable adults does not count as ‘regulated activity with children’ and they do not require a children’s workforce barred list check.

For more information on regulated activity with vulnerable adults please see the Department of Health's definition of regulated activity (adults) publication. And for more information on regulated activity with children, please see the Department for Education's regulated activity in relation to children factual note.

ID checking guidelines

As an employer you must adopt a robust procedure for checking your employees identity documents when you apply for a disclosure. You must first see the original documents and be satisfied that the correct procedure has been followed, and that you have seen sufficient documents to make the disclosure application. For a comprehensive guide on checking documents please reference the DBS ID checking guidelines.

The Code of Practice for Disclosure and Barring Service Registered Persons must be adhered to if you wish to make Disclosure and Barring applications as a registered person.

In addition, as a registered person you must create and adhere to your own policy documents. We have provided some samples which you can download and modify for your organisation:

• DBS code of practice
• Handling disclosure information from the DBS
• Policy on the recruitment of ex-offenders

Over the last 12 months the Disclosure and Barring Service have seen a significant increase for all DBS checks, in particular Enhanced applications that require a referral to the local police force. The DBS is aware of delays for a relatively small number of applications sent to the Police Forces, the document has communication from the DBS regarding why these delays are occurring.

Police Performance Information July 25.pdf