| Guvnor

What this means for your business

9 obligations

7 penalties

5 can imprison

11 guides

Enforced by: Ofsted, CIW, CQC, DBS
Applies to: United Kingdom
On this page: 9 compliance obligations, 11 practical guides across 2 topics

Read full text on legislation.gov.uk

What you must do

9 compliance obligations under this legislation — 5 can result in imprisonment.

Offences and prohibitions 7

If an individual who is barred from a regulated activity involving children or vulnerable adults seeks, offers, or actually carries out that activity, they commit a criminal offence. Conviction can lead to up to five years in prison and/or an unlimited fine. A defence is available if the person genuinely did not know they were barred, or acted to prevent serious harm.

Any Person s.7 DBS

If your organisation appoints an office holder (such as a director, senior manager or other key employee) and does not carry out the required safeguarding checks set out in the Safeguarding Vulnerable Groups Act, you commit a criminal offence. A conviction can lead to a fine and, in serious cases, imprisonment.

Any Person s.14 DBS

If your organisation is asked under sections 35, 36 or 37 of the Safeguarding Vulnerable Groups Act 2006 to supply information to the Disclosure and Barring Service and you do not do so (without a reasonable excuse), you commit a criminal offence. A conviction in the Magistrates’ Court can result in an unlimited fine.

Any Person s.38 DBS

If your company or partnership commits an offence under sections 9 to 38 of the Safeguarding Vulnerable Groups Act and it is shown that a director, manager, secretary, other officer or a partner consented, connived or was negligent, both the organisation and that individual are guilty of the offence. A conviction will attract whatever penalty is set for the underlying offence (which can include unlimited fines and imprisonment). This means senior officers must ensure the organisation complies with its safeguarding duties and cannot turn a blind eye to breaches.

Director/Officer s.18 DBS

If you submit an application under sections 30 or 32 of the Safeguarding Vulnerable Groups Act and you knowingly or recklessly give false information, you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to an unlimited amount. No imprisonment is provided for this offence.

Any Person s.34 DBS

If you allow someone who is listed on the barred persons list to take part in a regulated activity (for example, working with children or vulnerable adults), you commit an offence. The offence also applies if you, as a personnel supplier, provide a barred individual to another organisation knowing they are barred. On conviction you face a fine (unlimited) and/or up to five years in prison.

Any Person s.9 DBS

If you, or anyone acting for you as a personnel supplier, provide a person who is barred from a regulated activity to another organisation, and you know or should know that the organisation will place that person in the activity, you commit a criminal offence. On conviction you face up to five years' imprisonment, an unlimited fine, or both; if the case is dealt with in a magistrates’ court the maximum imprisonment is six months and the fine is also unlimited.

Any Person s.19 DBS

Reporting and filing 2

If the Disclosure and Barring Service is deciding whether to put someone on or take them off a barred list, they can ask you for any information you hold about that person. This applies if you have arranged for the person to carry out a regulated activity, or if you are an employment agency, employment business or educational institution that supplied them. You must give the requested information.

Trader/Business s.37 DBS When DBS is considering adding or removing a person from a barred …

If the Disclosure and Barring Service (DBS) asks you for information about a person who appears on a register you keep, you must supply that information. This duty kicks in when the DBS is deciding whether to add someone to, or remove someone from, a barred list. Your business needs to be prepared to share the prescribed details promptly.

Any Person s.42 DBS When the DBS requests information about a person on a relevant register …