Duty to refer

Referrals to the Disclosure and Barring Service:

The Safeguarding Vulnerable Groups Act 2006 (SVGA) places a legal duty on Regulated Activity Providers (employers, volunteer managers and personnel suppliers) to refer any person who has:

Harmed or poses a risk of harm to a child or vulnerable adult;Satisfied the harm test; or Received a caution or conviction for a relevant offence.

Under the provisions of the Safeguarding Vulnerable Groups Act, 2006, the following groups have a power to make a referral to the DBS:

Local authorities (safeguarding role);Education and library boards;Health and social care (HSC) trusts (NI);Keepers of registers eg General Medical Council, Nursing and Midwifery Council;Supervisory authorities eg Care Quality Commission, Ofsted.

Finally it may also be beneficial to register with us (e-database) so that you are kept informed of changes to our services as they are applied.

Further information and guidance, including factsheets and instructions can be found in the DBS referrals guidance and Making Safeguarding Referrals to the Disclosure and Barring Service (DBS) leaflet.

Referring a teacher in England to the Teaching Agency

If the person to be referred to the DBS is a teacher in England consideration should also be given to refer the case to the Teaching Agency. The Teaching Agency is an Executive Agency of the Department for Education, responsible for the regulation of teachers in respect of serious misconduct.