Barred list
A barred person is someone who has harmed or poses a risk of harm to children or vulnerable groups. The DBS make decisions about whether a person is:
- barred
- placed on the children's or adult barred lists
- prevented by law from working with children or vulnerable groups
It is an offence for a person to work, apply or offer to work in regulated activity with a group from which they are barred.
The legal duty to refer
We must inform the police if a barred person applies for a position of trust which is a regulated activity.
We must refer information to the DBS in the following circumstances:
Condition 1
If we have withdrawn permission for a person to work in regulated activity with children and or adults through:
- dismissal
- by moving the person to another area of work that is not regulated activity
If we have withdrawn permission but before this happened the person has:
- resigned
- retired
- been made redundant
- been redeployed
Condition 2
If we have evidence that the person has:
- been cautioned or convicted of a relevant (automatic barring) offence
- engaged in 'relevant conduct' concerning children or adults. For example, something that has harmed a child or vulnerable adult or put them at risk of harm
- satisfied the 'harm test' concerning children or vulnerable adults. Harm is defined in its widest context and includes physical, sexual, financial harm, neglect, emotional, verbal, psychological harm
In these instances, employees may also be subject to disciplinary procedures. We will make the employee aware of their referral to the DBS in writing.
We will inform the DBS if an employee:
- resigns
- retires
- is made redundant before a disciplinary hearing, or
- is terminated by mutual consent for matters that meet the reporting criteria
Applicants with adverse disclosures
The criminal records check may reveal convictions which make the applicant unsuitable for the applied post. The recruiting manager will discuss them with the applicant in line with the relevant code of practice.
The applicant must sign the completed risk assessment to:
- verify the information provided
- permit the risk assessment to be stored securely and later destroyed as per our retention policy
When assessing any disclosure or declared conviction information we receive the risk assessment will support a manager's decision. The manager may discuss matters with HR before discussing it with the applicant.
Having a conviction will not necessarily bar someone from employment with us. We will only take a criminal record into account when the conviction is relevant. We must weight the protection of the applicant's rights and interests against the rights and interests of clients and employees, including our responsibilities to these groups, and the public.
It is an offence for a person to work, apply or offer to work in regulated activity with a group from which they are barred. We will not employ candidates on the barred list in a regulated activity.
If someone on the barred list for regulated activity applies for barred work, we will make a referral to the DBS.
Employees supervising young people during work experience
If an employee supervises people under the age of 16 on work experience, this is a regulated activity. An enhanced DBS check with children's barred list is required. Read more details in our work experience policy.