This guidance explains the difference between DBS checks and DBS barring referrals, outlines the role of Girls’ Brigade England & Wales people in recognising and escalating concerns, and provides an overview of Girls’ Brigade England & Wales [GBEW] may have a duty to make a referral to the Disclosure and Barring Service (DBS).
DBS Checks and DBS Referrals: What's the Difference?
A DBS check helps organisations make safer recruitment and deployment decisions by providing information about an individual's criminal record and, where appropriate, other relevant information.
A DBS barring referral is a separate process which enables the DBS to consider whether an individual should be barred from undertaking regulated activity with children and/or adults at risk.
In simple terms:
- A DBS check helps assess a person's suitability for a role.
- A DBS referral asks the DBS to consider whether a person should be barred from regulated activity.
Why Does This Matter?
Protecting children and adults at risk is everyone's responsibility.
DBS checks and barred lists help organisations promote safer recruitment and safer services. GBEW people play an important role in recognising, reporting, recording and escalating concerns so that appropriate safeguarding action can be considered.
Who Is Responsible for Making a DBS Referral?
The legal responsibility for making a referral to the DBS rests with Girls’ Brigade England & Wales where the relevant referral criteria are met.
GBEW people are not expected to determine whether the legal threshold for a DBS referral has been met. Their responsibility is to recognise concerns, report and record them appropriately, and seek safeguarding advice where necessary.
Where the referral criteria are met, GBEW is responsible for making the referral. The DBS then considers the information provided and determines whether any barring action is appropriate.
When Might a DBS Referral Be Required?
A referral may need to be considered where:
- An individual has been removed from regulated activity, or would have been removed had they not left the organisation; and
- The organisation believes the individual has engaged in relevant conduct, satisfied the harm test, or committed a relevant offence as defined by the DBS.
Both conditions should be considered when determining whether a referral is required.
What Is Regulated Activity?
Regulated activity refers to specific work with children and/or adults at risk that is defined in legislation.
Individuals who are barred by the DBS must not undertake regulated activity. Whether a role is regulated activity depends on the nature of the activities being undertaken, not simply an individual's job title or position.
What Is Relevant Conduct?
Relevant conduct includes behaviour that:
- Has harmed a child or adult at risk.
- Has placed a child or adult at risk of harm.
- Involves inappropriate sexual conduct relating to a child.
- Involves inappropriate sexual conduct towards an adult at risk.
- Is conduct which, if repeated, would be likely to endanger a child or adult at risk.
Relevant conduct can include acts, omissions, patterns of behaviour, or decisions that place children or adults at risk of harm.
What Is the Harm Test?
The harm test considers whether a person's actions have caused, or could cause, harm to a child or adult at risk.
Harm is not limited to physical injury and may include emotional, psychological, sexual, financial, or neglect-related harm.
Harm may include:
- Harming a child or adult at risk.
- Causing a child or adult at risk to be harmed.
- Putting a child or adult at risk of harm.
- Attempting to harm a child or adult at risk.
- Inciting another person to harm a child or adult at risk.
When applying the harm test, consideration should be given not only to actual harm that has occurred, but also to behaviour that demonstrates a risk of harm.
Removal from Regulated Activity
A referral may need to be considered where an individual has been removed from regulated activity because they have harmed, posed a risk of harm, or otherwise met the relevant referral criteria.
This may include circumstances where a person has:
- Been dismissed.
- Been redeployed away from regulated activity.
- Resigned before disciplinary or safeguarding processes were concluded.
- Retired before disciplinary or safeguarding processes were concluded.
- Otherwise been removed from regulated activity.
A person's resignation, retirement, withdrawal from volunteering, or expiry of a contract does not automatically remove the organisation's duty to consider a DBS referral.
When Is a DBS Referral Considered?
A DBS referral will not usually be made solely based on an allegation.
The organisation should establish the relevant facts, gather sufficient information, and complete appropriate safeguarding, disciplinary, or fact-finding processes before determining whether the legal referral criteria have been met.
This does not prevent immediate safeguarding action being taken where concerns arise. Safeguarding actions, internal investigations, regulatory referrals, police involvement, and DBS referral considerations may run alongside one another where appropriate.
What Should Girls Brigade People Do?
If you become aware of information that may indicate a safeguarding concern, unsuitable conduct, or behaviour that presents a risk to children or adults at risk:
- Recognise the concern.
- Take immediate action where necessary to safeguard individuals from harm.
- Report concerns through the appropriate organisational processes.
- Record information accurately, factually and objectively.
- Escalate concerns for safeguarding advice and review.
- Cooperate with any subsequent enquiries or investigations.
If you are unsure how to respond to a concern, seek advice from the National Safeguarding Manager or Central Office.
Key Practice Learning
- DBS checks and DBS referrals are separate processes.
- Eligibility for DBS checks and regulated activity is determined by the activities undertaken, not the job title.
- Not all safeguarding concerns require a DBS referral.
- GBEW people should recognise, report, record and escalate concerns appropriately.
- Girls’ Brigade England & Wales is responsible for determining whether a DBS referral is required.
- A person leaving the organisation does not necessarily remove the duty to consider a referral.
- Internal safeguarding, disciplinary or conduct processes do not replace a DBS referral where the referral criteria are met.
- The DBS determines whether a person should be barred from regulated activity.
Key Message
Recognise. Record. Refer.
Protecting children and adults at risk is everyone's responsibility. GBEW People should identify and appropriately escalate concerns. Where the legal referral criteria are met, GBEW will consider a referral to the DBS, which will determine whether any barring action is required.
Useful Resources & Support
Further guidance is available through:
Safeguarding Reminder for GBEW People
If you are ever worried about a safeguarding concern, you should:
- complete a Safeguarding Cause for Concern form in LTTF
- contact the National Safeguarding Manager or Central Office for advice, guidance, or ad hoc support
Do not wait if you are unsure seek advice early.
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Safeguarding is everyone’s responsibility!
