DBS barred lists are maintained by the Disclosure and Barring Service (DBS). These lists aim to help organisations recruit safely and protect those they may be working with. There are two main types of DBS barred lists. One includes a list of people who have been banned from working with children, and the other is a list of people who have been banned from working with vulnerable adults.
Essentially, DBS barred lists helps prevent individuals from working in jobs they are not permitted to work in to help maintain the safety of children and vulnerable adults. In this blog, we will outline how DBS Barred Lists work, what is meant by ‘list 99’ and the roles which require a check of the DBS Barred Lists.
How Do DBS Barred Lists Work?
The DBS Barred Lists help employers to make safer recruitment decisions. When requested, an employer may ask for an enhanced DBS certificate – but only if the applicant is eligible. This will include a check of the DBS barred lists. Employers may want to carry out an Enhanced DBS & Barred List Check (child and/or adult) if you are working in roles which require individuals to engage in regulated activity with children or vulnerable adults.
Why Are People Added to the Barred List?
A person is generally added to the barred list following an investigation by the DBS, in which offences and other evidence is assessed. This process is used to determine whether that individual is a potential risk to a child or vulnerable adult.
Before a decision is made, the person in question is able to review the evidence and present a case explaining their position.
Enhanced DBS Checks
Although anyone is eligible for a basic DBS check, only a select few are eligible for an enhanced DBS check. Some examples of job roles that require an enhanced DBS Check include:
- Teaching, training, instructing, caring and supervising
- Working within establishments that have contact with schools or children’s homes
- Healthcare for children
- Childminding and foster care
- Healthcare for vulnerable adults
- Social work
- Assisting with money and bills due to illness, age or disability
- Transport due to illness, age or disability
Can I work before an enhanced DBS check has gone through?
Generally, individuals will not be able to start their jobs until their disclosure has been received back and accepted. However, in rare cases, an employee may start before their enhanced DBS has been received after following a risk assessment. In cases such as these, the individual will have to be under full supervision and safeguarded at all times until the clearance is received. On occasion, an employer may request an Adult’s first check, formerly known as a POVA or ISA (For people working with adults), or a List 99 (for people working with children) at the start of the application process. The result of this check will enable the applicant to work supervised pending the full DBS check being completed. These checks are requested at the discretion of the employer and it is generally down to their own policy if they will allow an applicant to work supervised on these prior to the full check being completed. You can only request an Adult First Check as part of a full DBS request, but an employer can request a List 99 check at any time. Care Check receive 85% of Enhanced DBS Checks back within 5 days, 65% within 24 hours generally enabling an applicant to start their role quickly. In a lot of cases the Adult First or List 99 is not required.
Types of DBS Barring
If an individual is listed, this will appear on their DBS certificate. Individuals will only be barred from working with children or vulnerable adults, if the DBS has reason to believe that they have taken part in inappropriate activity (or are at risk of doing so in the future).
Individuals are brought to the barring team in one of three ways. These include:
- Automatic Barring Offence (or Autobar): These are the most serious offences. People who are convicted of these offences are often unable to make a representation and are considered for immediate barring.
- Disclosure: This happens when someone applies for an enhanced DBS check but the check reveals some information which could potentially make the individual eligible to be on one of the barred lists.
- Referral: A referral is when an employer or organisation suspects that someone has caused harm to one of the vulnerable groups, or feels that they have the potential to in the future. In cases such as these, the individual will be referred to the DBS.
Who Can Apply for a DBS with Barred List Check?
Companies and organisations can apply for a barred list check. Individuals can apply for a basic DBS check only.
What is a List 99 Check?
A List 99 check (which is now referred to as ‘The Children’s Barred List’) is a database maintained by the Department for Education. It allows educational establishments to check whether an individual is included in the children’s barred list before offering them a job. This will diminish the risk of hiring someone who is prohibited from working with children. In the event that they are on the database, employment by the educational establishment is forbidden.
All educational providers are entitled to perform a List 99 Check on their potential or existing employees. If it has been confirmed that an employee is not on List 99, they may be allowed to work on the premises whilst being supervised at all times before they receive their DBS Check (which can take up to six weeks). However, this decision is up to the discretion of the employer. In most cases, List 99 checks are returned within 24 hours, providing employers with immediate information on an individual.
If your organisation is seeking DBS checks for future employees, visit Care Check today. As a leading umbrella body for the Disclosure and Barring Service, we work with a plethora of industry sectors, including care homes, schools, NHS Trusts, construction companies and taxi firms. Register for free and apply for your basic, standard or enhanced level DBS disclosures.
We currently provide over 100,000 DBS checks annually and have been named one of the top 15 providers for criminal record checks in the UK. Contact us today for any questions you may have – we are more than happy to help.