Disclosure and Barring Service
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| Disclosure and Barring Service | |
|---|---|
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| Name | Disclosure and Barring Service |
| Formation | 2012 |
| Predecessor | Criminal Records Bureau; Independent Safeguarding Authority |
| Jurisdiction | England and Wales |
| Headquarters | Liverpool |
| Parent department | Home Office |
Disclosure and Barring Service provides criminal record checks and barring decisions for roles involving children and vulnerable adults in England and Wales. It was created to integrate disclosure functions and vetting responsibilities previously held by the Criminal Records Bureau and the Independent Safeguarding Authority, and it supports safeguarding practice across sectors including health, social care, education, and voluntary organisations. The agency interacts with law enforcement bodies, regulatory authorities, and statutory frameworks to determine suitability for regulated activity and to maintain public protection.
History and Background
The organisation was established following reforms introduced after notable safeguarding failures and policy reviews such as inquiries linked to Victoria Climbié, Leveson Inquiry, and debates prompted by media coverage involving institutions like BBC and Mersey Care NHS Trust. Its predecessors included the Criminal Records Bureau and the Independent Safeguarding Authority, each created amid legislative responses to events like the Children Act 1989 revisions and the passage of provisions related to criminal records in the Protection of Freedoms Act 2012. Ministers and senior officials from the Home Office, including figures associated with successive administrations led by David Cameron and Theresa May, oversaw the transition to a single body to streamline vetting processes and centralise barring decisions. The office’s operation intersects with professional regulators such as the General Medical Council, Nursing and Midwifery Council, and Teaching Regulation Agency.
Functions and Services
The organisation delivers several core services: processing criminal record disclosures used by employers, maintaining lists that bar individuals from regulated activity, and providing guidance to employers and voluntary organisations such as National Health Service trusts and charities like Save the Children. It liaises with law enforcement agencies including Metropolitan Police Service and Greater Manchester Police to obtain conviction and caution data, and with local authorities such as Liverpool City Council for place-based safeguarding initiatives. The service supports regulatory compliance for bodies such as the Care Quality Commission and the Office for Standards in Education, Children's Services and Skills through information-sharing arrangements and policy guidance.
DBS Check Types and Eligibility
Checks are categorised into levels that reflect statutory schemes used by employers and regulatory bodies. The levels align with eligibility criteria referenced by institutions like the Department for Education, NHS England, and Ofsted. Common categories include standard checks used in sectors overseen by the Solicitors Regulation Authority and enhanced checks required for roles under scrutiny by the Care Quality Commission and the Teaching Regulation Agency. Eligibility depends on regulated activity definitions referenced in instruments influenced by debates around the Protection of Freedoms Act 2012 and workplace safeguarding standards promoted by organisations such as UNICEF and the World Health Organization in institutional guidance.
Application Process and Fees
Applications are submitted by employers, local government bodies, and applicants using verification pathways similar to those used by agencies like DWP and civil service departments. Identity verification can involve documents issued by institutions such as UK Passport Office and Driver and Vehicle Licensing Agency, with countersignatures or online identity checks performed in collaboration with private-sector providers and third-sector partners including National Trust branches. Fees mirror policy choices set by the Home Office and have been influenced by debates involving Trades Union Congress and representative organisations like the Chartered Institute of Personnel and Development.
Decision-Making, Barring Lists, and Appeals
Barring decisions are made by panels drawing on evidence supplied by police forces such as the West Yorkshire Police and social services departments in councils like Manchester City Council; these panels apply statutory criteria derived from parliamentary instruments debated in the House of Commons and House of Lords. Individuals placed on barred lists may seek review through internal review mechanisms and judicial review in courts including the Administrative Court; appeals have been brought with representation from legal professional bodies like the Law Society and advocacy groups including Liberty.
Legal Framework and Data Protection
The organisation operates under legislation including provisions of the Protection of Freedoms Act 2012, interacts with principles from the Data Protection Act 2018 and standards influenced by the European Convention on Human Rights in relation to privacy and fair processing, and coordinates with regulators such as the Information Commissioner's Office. Policies reflect compliance requirements set by ministers and oversight from committees of the Parliament of the United Kingdom.
Criticisms, Reforms, and Impact on Employment
Critiques have been raised by trade unions such as Unison and campaign groups including Criminal Justice Alliance regarding delay, cost, and scope, while think tanks like the Institute for Government and academic studies from institutions such as University of Oxford and LSE have examined chilling effects on workforce recruitment in sectors including care homes overseen by the Care Quality Commission and schools inspected by Ofsted. Reforms advocated by parliamentary committees and advocacy organisations have focused on appeal rights, proportionality, and information accuracy; employment consequences have been documented in cases involving candidates regulated by bodies like the General Medical Council and employers governed by the Equality and Human Rights Commission.