The Disclosure and Barring Service (DBS) process can be a bit of a minefield in primary care as one wrong step and it could be game over. Challenges arise as the checks required vary dependent on the role.

Ensuring you correctly complete all the regulatory stuff is vital, as we don’t want our practice to fall foul, or allow anyone to slip through the net and be working where they shouldn’t be!  This is an even greater challenge at the moment as recruitment is busier than normal, with temporary employees being used to plug those COVID staffing gaps.

Management teams are already juggling far too many balls, particularly at the moment, so we must be extra mindful not to drop any.

With so much on our plate, when we do get time to spend on recruitment, the DBS process can be all too confusing! Hopefully by the end of this I will have de-mystified it for you!

Help is at hand!

From my experience, practices have different approaches when it comes to DBS checks. Many choose to certificate all staff members, while some use a risk-based system dependent on the role. You might request a new DBS annually for certain members, or simply not worry about it following the original DBS certificate… even for your soon-to-retire practice nurse, Doris, who has been with you forever! Does she need a new check?

Is there a definitive answer? I have done some research to try and bring you clarification.

Firstly, I recommend reading Nigel’s Surgery Number 2 in which he has set out a clear procedure for undertaking DBS checks.

From my perspective, the key points are:

• There is no general requirement to repeat DBS checks for existing staff providing there have been no changes in their place or terms of work. Whether or not you want to request updated checks, and if so, how often, is for you to decide.

• Practices must be able to provide evidence that they have appropriately considered where new checks are needed. This should include carrying out a risk assessment.

•Contracts and policies should reflect that any staff member who receives a caution or conviction must declare this to the manager at the time.

• There is no general requirement for non-clinical staff to have a DBS check. Whether a non-clinical staff member needs to have a check will depend on their specific duties and responsibilities.

• The frequency with which employers undertake periodic checks should be determined locally and be proportionate to risk. A common timeframe applied by some NHS organisations is once every three years. When considering whether or not to implement periodic DBS checks, employers may find it beneficial to consider how they can encourage certain professionals to subscribe to the DBS update service.

• If you are unsure whether a staff member needs a DBS check or not you can refer to the NHS Employers DBS check eligibility tool.

• Given that the law around eligibility for a DBS check may change from time to time, it is essential that employers periodically review local policies and practices to ensure they are up to date.

•You must ensure you only ask for the criminal record information you are legally permitted to receive.

What about GPs?

GPs undergo criminal record scrutiny as part of their Performers List checks. As this involves deeper scrutiny than a DBS check logic would state that this would be sufficient, yes?

Well, now there’s a question!

I have asked a couple of medical defence lawyers about this point and it would seem that there is no definitive legal answer, and that each professional or governing body can decide upon their own profession’s DBS viewpoint.

The NHS Employers DBS eligibility tool states that all patient facing clinicians need a DBS, and talking to one of our friends at the CQC, they would still expect to see a DBS certificate when inspecting.

Therefore, the bottom line is that it’s best to do a DBS check for GPs as well!

Next Steps in your DBS planning

After ‘Uncle Nigel’ has imparted his wise words, I would recommend that you have a look at the new DBS policy [PLUS].

This new 25-page policy covers the full DBS spectrum. Aligned to current NHS employment check standards, it provides a comprehensive guide to all things DBS, including a whole new section on post-employment requirements that will keep you on the right track.

The policy has been split into the following sections:

• Pre-employment
• Considering ex-offenders
• Post-employment
• Handling requirement of the DBS certificate information

The policy also includes specific GP information, the joining process, and clarification on what the expectations from NHS Employers are. There is also reference to the Fit and Proper Persons Policy [PLUS] and the CQC countersigned DBS checks.

There is also a section about the DBS update service should you want to take the ‘belt and braces’ approach and get annually updated checks. You may also find the DBS risk assessment template and the staff self-declaration form useful.

Interim guidance for COVID-19

The CQC issued interim guidance on 2nd April 2020 in respect of the DBS requirements for temporary and urgent staff being recruited to support the COVID-19 pandemic. There is an obvious need to prevent any undue delay in these candidates starting work. In summary, a fast, free of charge Barred List DBS check can be carried out by the end of the next working day with a full DBS check to follow.  The full guidance can be found here 

I hope this guide helps you feel safe in the knowledge that your DBS box is well and truly ticked.

Who knows, sometime in the future when normality resumes post COVID, and the CQC comes knocking once again, you might just be that ‘DBS bomb disposal expert’ who can comfortably and successfully navigate this minefield.

The new DBS policy is now available to PLUS members.

Mat Phillips
April 2020