Disclosure and Barring Service - Referrals

The Responsibilities of Employers or Volunteer Co-ordinators

Jersey does not have an equivalent to the UK's Safeguarding Vulnerable Groups Act 2006 (the "2006 Act"), containing a specific duty to make referrals to the DBS in respect of persons who cease to work with or for an organisation for a safeguarding reason. However, it is important that referrals are made to the DBS in appropriate cases so that the DBS can determine whether to add an individual to the relevant 'barred lists' in respect of their conduct and so that other organisations, who may work with the individual in future, can make safe recruitment decisions.

Although there is no specific statutory duty to make DBS referrals in Jersey, Regulation 11(2) of the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018 also contains the following obligation for the registered provider of a regulated activity (as defined in the Regulation of Care (Jersey) Law 2014): "a registered person must share information with other registered persons, regulatory bodies and law enforcement agencies where to do so would assist in safeguarding care receivers from harm".

Therefore, for many health and social care providers there is a duty to share information about an individual where that would protect others from harm. Even where the provider of a service is not regulated under the Regulation of Care Law, it is important that organisations working with children and vulnerable adults in Jersey carefully consider making a referral to the DBS.

Further guidance on the criteria that organisations might apply to determine whether it is appropriate to make a referral to the DBS can be found here. However, it may be that a referral is appropriate where relevant conduct has occurred. This is defined in the UK as conduct that:

Endangers or harms a child or vulnerable adult or is likely to endanger or harm a child or vulnerable adult;
If repeated against or in relation to a child or vulnerable adult, would endanger them or would be likely to endanger them;
That involves sexual material relating to children (including possession of such material);
That involves sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate; or
Of a sexual nature involving a child or vulnerable adult, if it appears to DBS that the conduct is inappropriate.

It is the responsibility of the organisation providing a service to children or vulnerable adults to refer any former workers and volunteers who have harmed an adult or child. It is also expected that employers will formally notify the SAT when a referral has been made. The States of Jersey or the Care Commission may in some cases make a referral to the DBS when required.