Certificates which contain information
Certificates which contain information (positives)
A positive DBS Check is one which contains criminal information as notified by the DBS.
When a 'positive' check is received
You will receive an automated email from the Employmentcheck system advising that you should wait to view the original certificate prior to making an employment decision.
You will receive a further email from the HR Safeguarding in Employment (HR SiE) Team containing guidance on the next steps. Buckinghamshire Council (BC) strongly recommends that you follow this guidance to ensure that the DBS Check process is completed in order to mitigate any potential risk:
- Arrange to meet with the applicant to see the original DBS Certificate and obtain clarification, additional information and an explanation from an applicant about any information disclosed on a DBS Certificate. This discussion will enable you to make your employment decision based on all relevant information.
- Consider contacting the HR SiE Team for advice about the information on the DBS Certificate prior to a decision being made about whether to recommend employment of an applicant.
- Complete the three part DBS ‘positive’ risk assessment form and ask the applicant to sign the applicant’s consent form to give you permission to copy his/her Certificate where appropriate.
- The Risk Assessment Form (Parts One, Two and Three), signed and authorised by the Headteacher, should be sent securely and confidentially to the HR SiE Team.
- Please note: Schools / Academies failing to send the Risk Assessment Form accept any contingent risks.
- A copy of Part One of the Risk Assessment Form should be retained on the local file so that any Inspectorates (e.g. OFSTED) can confirm that a thorough and rigorous assessment of risk was undertaken as part of the recruitment decision making process.
- Please destroy the separate sheet ‘DBS Certificate Information’ (Part Two), as this sheet contains information about the criminal information on a DBS Certificate, together with any copy of the DBS Certificate and applicant’s consent form, within six months of completion of the Risk Assessment Form, where held locally.
Any risk assessments and supporting paperwork sent to the HR SiE Team should be hard copies and marked private and confidential. Do not send these documents electronically.
On receipt of the Risk Assessment Form, the outcome will be recorded by the HR SiE Team on the eDBS system to complete the DBS check process.
The HR SiE Team will keep a copy of the Risk Assessment Form in accordance with statutory guidelines.
If you decide not to seek advice and guidance, please let the HR SiE Team know the outcome of the employment decision so that the eDBS system can be updated appropriately. Please still complete a Risk Assessment Form and send it to the HR SiE Team where it will be held securely.
Where the outcome of the employment decision remains outstanding, the DBS Check process will remain incomplete.
Complex 'Positive' DBS Disclosures
Where the content of a DBS Disclosure presents particular difficulties because of the information disclosed then that case should be discussed with the headteacher and a decision should be made about whether the case needs to be forwarded to the special panel for dealing with 'complex' positive DBS Disclosures.
Further information about the 'Special Panel' is available from the HR SiE.
For further information on conviction, reprimand, caution or warning information on a 'positive' DBS Check, view our guidance to information on certificates.
Should you wish to seek advice please contact:
Pat Stappard, HR Safeguarding Consultant
Telephone: 01296 382 231
Pat Lane-Ryan, Safeguarding in Employment Team Lead
Telephone: 01296 383 540