Please forward this error screen to sharedip-1071802678. Who has a legal duty to refer? 29″:”Should I make a psychological preparation of children for training at school when an allegation is first made, or when I temporarily suspend someone?
Will I be informed of the outcome of my referral? This guide is not legal advice and doesn’t cover all aspects or examples of harm, referrals and barring. If you need legal assistance, you should speak with a legal advisor. A referral is information about a person. It tells us of concerns that an individual may have harmed a child or vulnerable adult, or put a child or vulnerable adult at risk of harm. The referral duty doesn’t apply to family or personal arrangements, parents or members of the public.
If a parent or member of the public has a safeguarding concern, they should contact the police, social services or the person’s employer. These agencies can then investigate the allegation and if appropriate make a referral to the DBS. You can look at the referral flowchart to help you decide if you need to make a referral. The power to refer happens when an organisation is not acting as a regulated activity provider. This will usually be when the organisation is undertaking their safeguarding role.
Information about regulated activity Guidance about regulated activity with children and regulated activity with adults is available. There is also guidance on supervision when working in regulated activity with children. Northern Ireland also have guidance in relation to regulated activity with adults. This applies even when a referral has also been made to a local authority safeguarding team or professional regulator. Or you move the person to another area of work that isn’t regulated activity. This includes situations when you would have taken the above action, but the person was re-deployed, resigned, retired, or left. For example, a teacher resigns when an allegation of harm to a student is first made.
Relevant conduct in relation to children A child is a person under 18 years of age. Relevant conduct in relation to adults: A vulnerable adult is a person aged 18 years or over who is being provided with, or getting a service or assistance which is classed as regulated activity for adults. This is not defined in legislation. DBS view harm as its common understanding or the definition you may find in a dictionary. This is not a fully comprehensive list, harm can take many different forms.
A person satisfies the harm test if they may harm a child or vulnerable adult or put them at risk of harm. It is something a person may do to cause harm or pose a risk of harm to a child or vulnerable adult. If you engaged a person to work in regulated activity, you have a legal duty to refer where the relevant conditions are met. The duty to refer applies even when a report has been made to another body such as a local authority safeguarding team. The duty to refer applies irrespective of whether another body has made a referral to the DBS in relation to the same person. This helps to make sure the DBS have all the relevant information to consider a case. DBS can then make a fair, consistent and thorough decision about whether to bar a person from working with vulnerable groups.
A person who is under a duty to refer and fails to refer to us without reasonable justification is committing an offence. Can I make a referral to the DBS if the legal conditions are not met? There could be times when you consider that you should make a referral in the interests of safeguarding children or vulnerable adults even if you have not removed the person from working in regulated activity. This could include acting on advice of the police or a safeguarding professional, or in situations where you don’t have enough evidence to dismiss or remove a person from working with vulnerable groups. DBS are required by law to consider any and all information sent to us from any source.