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DBS checks and right to work verification are fundamental compliance requirements that all care agencies must carry out before placing workers. This guide explains how agencies manage these checks and what providers should verify.
DBS checks and right to work verification are among the most fundamental compliance requirements that health and social care agencies must meet before placing any worker with a client provider. Getting these checks wrong creates significant legal risk for both the agency and the provider, and in the worst cases can result in unsuitable individuals being placed in roles where they can harm vulnerable people. Understanding how agencies handle these checks, and what providers need to verify, is an important part of ensuring the safety and compliance of agency placements.
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All workers placed in regulated activity with vulnerable adults or children must have an enhanced DBS check. Regulated activity includes providing personal care, health care and social work to adults with care and support needs; and providing care, teaching or supervision to children. Enhanced DBS checks include a check of the police national computer and local police intelligence records, as well as a check of the DBS children’s barred list, adults’ barred list or both, depending on the nature of the regulated activity.
In addition to the enhanced DBS check, workers in regulated activity must have a barred list check confirming they are not included on the children’s barred list or adults’ barred list maintained by the DBS. It is a criminal offence to engage in regulated activity with a barred group. Agencies must check the barred list for all workers placed in regulated activity and must not deploy a worker who appears on the relevant barred list. Providers should confirm with agencies that barred list checks have been completed for all workers placed in regulated activity roles.
The DBS update service allows workers to register their enhanced DBS certificate and keep it up to date. Employers and agencies can then check the status of a registered certificate online quickly and for free, meaning they do not need to apply for a new DBS check each time the worker moves to a new employer or agency. Workers registered with the update service can be onboarded by a new agency much more quickly than those requiring a fresh DBS application. Providers can also use the update service to verify the status of an agency worker’s DBS before they start.
Agencies have a legal obligation to verify the right to work in the UK for every worker before placement. The right to work check process involves examining original documents, such as a UK or Irish passport or a biometric residence permit, and retaining a copy. For workers with time-limited right to work, the agency must track the expiry of their permission and must not deploy the worker after their right to work has expired. Digital identity verification services are now available to streamline this process. Agencies that fail to conduct right to work checks correctly face civil penalties of up to a specified maximum per worker.
Providers should not assume that because a worker is supplied by an agency, all compliance checks have been completed correctly. Providers should ask agencies to confirm in writing that enhanced DBS and barred list checks are in place for each worker supplied, and should consider establishing a process for verifying DBS certificate numbers directly with the DBS update service. Any concerns about a worker’s suitability should be raised with the agency immediately. If a provider believes a worker presents a risk to service users or has engaged in conduct that could lead to a barred list referral, they have an obligation to refer to the DBS.
Care providers and agencies have a legal obligation to refer to the DBS when they dismiss or remove a worker from regulated activity because they have harmed or posed a risk of harm to a vulnerable person, or when they would have done so if the worker had not already left. Failure to make a required referral is a criminal offence. Both providers and agencies should understand their referral obligations and have clear processes for making referrals when required.
For related information see our articles on How Care Agencies Recruit and Vet Staff and Compliance in Health and Social Care.
Workers placed in regulated activity with vulnerable adults or children require an enhanced DBS check that includes a barred list check. Enhanced DBS checks include police national computer records, local police intelligence and a check of the relevant barred list. It is a criminal offence to place a worker in regulated activity if they are on the relevant barred list.
The DBS update service allows care workers to register their enhanced DBS certificate and keep it current. Agencies and employers can check the status of a registered certificate online quickly and for free. Workers registered with the update service can be onboarded more quickly by a new agency, as the agency can verify their existing check online rather than applying for a new one. Providers can also use the update service to verify agency worker DBS status independently.
The care agency is responsible for verifying the right to work in the UK for all workers it supplies before placement. Providers are not required to repeat the right to work check for agency workers, as this responsibility sits with the agency as the employer. However, providers should confirm with agencies that right to work checks have been completed and should be alert to any changes in a worker’s immigration status that might affect their right to work.
Visit our Health and Social Care Agency Resource Hub for more guides on staffing, compliance, CQC standards, agency costs and how to choose the right care agency for your organisation.
The information in this article is provided for general guidance only and does not constitute legal, regulatory or professional advice. Regulations, rates and compliance requirements change: always verify current requirements with the relevant regulatory body. SENDhelp Education Limited accepts no responsibility or liability for any loss or damage arising from reliance on this content. Any links to third-party websites are provided for convenience only and do not constitute endorsement of their content.
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