Candidate DBS Checking Policy

Remedy Recruitments criminal record and barring checking procedure is fully compliant with all government legislation and is operated in line with industry best practice, including but not limited to the Recruitment and Employment Confederation (REC), APSCo Compliance +, NHS Employment Check Standards and any further contractual obligations with individual clients. It is designed to prevent unsuitable people from entering employment through Remedy Recruitment Group and gaining access to children and vulnerable adults.

Criminal Record & Barring Checks

We obtain our criminal record checks through the Disclosure and Barring Service (England & Wales). Where the applicant has resided in Scotland within the last 5 years the DBS will contact Disclosure Scotland to check whether any data is held in their records. A similar arrangement exists to check applicants who have resided in Northern Ireland with Access NI.

All candidates are asked to declare all/any current or past convictions or disciplinary action as part of the application process for posts listed as exempt under the Rehabilitation of Offenders Act 1974. By completing this self declaration, the candidate is giving their permission for Remedy to obtain an appropriate DBS check.

A DBS check is requested for all posts that are regarded as eligible for a standard or enhanced DBS disclosure under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended) and the Police Act 1997 (Criminal Record) Regulations 2002 (as amended). We obtain the relevant level of check for the position as follows:

Standard check.
Enhanced check without barred list information.

For this check to be undertaken, workers must be involved in providing one of the following activities at least once a week on an ongoing basis, more than 4 days in any 30 day period, or at any time between the hours of 2am and 6am:

Care or supervision.
Treatment or therapy.
Teaching, training instruction, assistance, advice or guidance on emotional, physical or educational well-being - wholly or mainly for children or adults in receipt of a healthcare service.
The management of people engaging in any of the above activities on a day to day basis.

Enhanced check with barred list information

For this check to be required, workers should be in a position which includes “regulated activity”. An individual is engaged in regulated activity if they undertake any of the following activities as part of their role:

Healthcare.
Personal care.
Social work.
Assistance with cash, bills or shopping.
Assistance with the conduct of their own affairs.
Conveying services.
Unsupervised teaching, training, instruction, caring for or supervision of children on a frequent basis (i.e. once a month or more, 3 days in any 30-day period or overnight between the hours of 2am and 6am).

Any candidate who has a caution or conviction on their DBS is required to complete a written statement for Remedy to hold on their record regarding this.

Conducting DBS Checks & Portability

Remedy check that DBS application forms are completed and signed correctly by the candidate to avoid unnecessary delays in processing them. We use both Capita Vetting Service and U-check to supply our criminal record checks, however wherever possible we ask candidates to subscribe to the DBS Update Service which enables them to move posts more quickly as long as their activities or access to vulnerable groups does not change the level of check required. As subscription to this service is voluntary we promote the benefits of subscribing to prospective workers.

We conduct an enhanced disclosure or request the original of their DBS Disclosure Certificate if the candidate is using the DBS Update Service for all health care professionals.

Workers who have chosen not to subscribe to the DBS Update Service are subject to a DBS check on an annual basis or if there has been a gap of more than 3 months between assignments.

For workers who have subscribed to the DBS Update Service, we obtain a signed and dated declaration confirming that they have given their authority for us to carry out an online status check and to receive up to date information. We also verify the original DBS certificate including clearances against the relevant barred lists issued to the candidate by the DBS. We maintain a record of the online status check including the date that it was conducted and confirm that the certificate did not reveal any information and remains current as no further information has been identified since its issue.

Criminal record disclosure certificates contain number of security features to verify if they are legitimate of have been counterfeited or altered in some way as follows:

A crown seal watermark repeated down the right-hand side of the disclosure which is visible both on the surface and when holding the disclosure up to light.
A background design incorporating the word “disclosure” appears in a wave like pattern across both sides of the document. The colour of this pattern is uniform across the front of the disclosure but alternates between pink and green on the reverse.
Fluorescent inks and fibres visible under UB light.
Ink and paper that changes colour in the presence of water or solvent-based liquid.

We check all certificates in line with the above criteria to ensure they are authentic.

Overseas Applicants

Applicants who have spent an extensive period of time abroad will also need to request a police check or obtain a “certificate of good character” from the relevant country. If the criminal record check from overseas is returned in a different language, Remedy will make provision to have it translated by an individual who is professionally accredited or a translation company that is accredited by either CIOL or ATC.

Military personnel who have served overseas for more than 6 months in the last 5 years are required to provide an extract from their military record. This must be original and state that it covers all periods of time served overseas and provide information relating to any convictions, cautions, reprimands or final warnings received during the periods concerned.

Positive Disclosures

When the disclosure indicates that the DBS has made a barring decision against one or both of the barred lists, it is illegal for an employer to allow that person to engage in a regulated activity from which they are barred and we will always comply with this requirement.

Having a criminal record however does not necessarily mean a candidate cannot work in their respected industry. Remedy make a fair, non-discriminatory assessment based on the individual’s skills, experience and suitability for the post. We do not, however, place anyone in a regulated activity if they have a DBS check that reveals a conviction, caution or other information without first providing details to the client and obtaining their written permission to do so from the relevant client.

When considering disclosure information, we are mindful of:

Any legal or regulatory requirements (i.e. in relation to regulated activity).
The seriousness of the offence.
The length and type of sentence issued.
Whether the applicant has a pattern of offending behaviour.
The circumstances surrounding the offending behaviour and the explanation offered by the individual.

Handling & Retention of Criminal Record Information

Remedy Recruitment ensures that all information is kept securely in lockable, non-portable storage containers with access strictly controlled and limited to those who need to have access to this information during their duties.

The information is only be used for the specific purpose it was requested for and with the applicant’s full consent. The information is also not be retained for any longer than necessary (not more than 6 months after a permanent appointment or decision not to appoint, or 6 months after the last day of a temporary or contract worker’s assignment OR if longer, the period out lined in Remedy’s contract with a client or governing body).

We do, however, retain the following information on our recruitment software system:

Name of the candidate.
Issue date of the DBS certificate.
Level of check requested.
Position for which the certificate was requested.
Unique reference number of the certificate.
If subscribed to the Update Service, the individual’s unique reference number.

Making a Referral to the DBS

If a worker has harmed or poses a risk of harm to vulnerable groups and where Remedy has dismissed them or removed them from working in a regulated activity, the Compliance Director refers this information to the DBS.

Specifically, we will always make a referral if:

We permanently remove a person from “regulated activity” through dismissal or permanent transfer from this activity, or where we would have removed or transferred that person had they not left, resigned, retired or been made redundant.
We believe that the person has:

Been cautioned or convicted of a relevant (automatic barring) offence.
Engaged in relevant conduct in relation to children and/or adults (e.g. an action or inaction that has harmed a child or adult or put them at risk).
Satisfied the Harm Test in relation to children or adults (e.g. there has been no action or inaction, but a risk of harm still exists).

If an allegation is made, we first investigate and gather evidence to establish if the allegation has foundation. We will always refer if we have evidence of any of the above. We may also refer if we have strong concerns, but the evidence is not enough to justify permanently removing the person as long as we remain compliant with all relevant legislation including the Human Rights Act and the Data Protection Act.

We will also consider whether the individual has breached their professional code of practice and therefore whether there is also a requirement to refer them to the relevant regulatory body in addition to the DBS.

When making a referral to the DBS we provide information to clearly identify the individual including:

Name.
Address.
Date of birth.
NI number.
Sufficient evidence to suggest there has been a relevant offence of harm/risk or harm to a child or vulnerable adult.

We also complete the DBS referral form in full together with any documentary evidence held in relation to the person (e.g. minutes of disciplinary hearing, witness statements, dismissal or suspension letters, documents relating to safeguarding investigations, details of any police involvement etc). We also signpost the DBS to any other organisations involved so they can seek further information directly from these sources as required.

Compliance & Audit

Remedy meets the requirements of , including but not limited to the Recruitment and Employment Confederation (REC), APSCo Compliance +, NHS Employment Check Standards and any further contractual obligations with individual clients as well as all safer recruitment checks by the using robust safeguarding and compliance procedures underpinned and enabled by the workflow checking procedure within our in house CRM system and in line with Remedy Recruitment Policies and Procedures. This guarantees the screening of each candidate to the specification and prevents mandatory parts of the process from being missed out or circumnavigated. No worker can begin an assignment with Remedy Recruitment before all compliance actions are completed in line with the specification, current policy and legislation.

We conduct regular internal audits of all our compliance processes and these are carried out by our Directors and Management Team on a regular basis to demonstrate that we adhere to legislative, contractual and industry best practice. As part of our ISO: 9001 QMS accreditation we are also subject to external audits. We also welcome client audits.

Appendix 1 - Criminal Record & Barring Check Decision Process