Guidance

Prescribed Information for a Keeper of Register

Published 29 November 2012

© Crown copyright 2012

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This publication is available at https://www.gov.uk/government/publications/dbs-referrals-prescribed-information/prescribed-information-for-a-keeper-of-register

  1. Section 41 of the Safeguarding Vulnerable Groups Act (SVGA) 2006 and Article 43 of Safeguarding Vulnerable Groups (Northern Ireland) Order (SVGO) 2007 set out the power for a Keeper of Register (KoR) to refer information to the Disclosure and Barring Service (DBS) in certain circumstances.

  2. Section 42 of the SVGA and Article 44 of the SVGO place a duty on a KoR to provide prescribed information on request to do so by the DBS.

Prescribed information to be provided on request (under number 2 above) is outlined in Regulation 9 and Paragraphs 1, 2, 3, 5, 6, 9 and 10 of Schedule 1 to either:

  • The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (No. 3265 of 2008) (as amended)
  • The Safeguarding Vulnerable Groups (Prescribed Information) Regulations (Northern Ireland) 2009 (No. 40 of 2009) (as amended)

Prescribed information is as follows:

Regulation 9

In addition to the information requested in the following paragraphs of Schedule 1, Regulation 9 also requires the KoR to provide any other information relating to the person’s conduct which is likely to, or may, be relevant in considering whether the person should be included in or removed from a barred list.

This includes information relating to any decisions made, actions taken or complaints received by the KoR in relation to the person.

Schedule 1

Paragraph 1 requires the provision of personal information about the person being referred, namely:

  • full name and title
  • any other name or names by which the person may be known such as a maiden name or alias
  • date of birth
  • National Insurance Number
  • gender
  • last known address (including postcode)

Paragraph 2 requires a description of the regulated activity that the person is, or was, engaged in.

Paragraph 3 requires information as to whether or not the person is included in a register maintained by a Keeper of a Register.

Paragraph 5 requires the KoR to provide the following information relating to the person’s conduct, (including copies of relevant documents):

(a) a summary of the conduct including details of the setting and location in which the conduct occurred

(b) details of any harm suffered by any child or vulnerable adult resulting or arising from the conduct, or any risk of harm that a child or vulnerable adult was, or may have been, exposed to as a result of the conduct

(c) details of any child or vulnerable adult referred to above, including:

i. the name and date of birth of the child or vulnerable adult

ii. details of the relationship between the person and the child or vulnerable adult

iii. information relating to the vulnerability of the child or vulnerable adult which may be relevant to DBS’ consideration of whether to include or remove the person in or from a barred list (including any emotional, behavioural, medical or physical conditions)

(d) whether the person has accepted responsibility for or admitted the conduct or any part of it

(e) any explanation offered by the person for the conduct or any remorse or insight demonstrated by the person in relation to the conduct

(f) any information other than that relating to the persons conduct which is likely to or may be relevant in considering whether the person should be included in or removed from a barred list including information relating to any previous offences, allegations, incidents, behaviour or other acts or omissions

Paragraph 6 requires information relating to the reason why the referring party considers that the harm test is satisfied in relation to the person (if referring on the basis of satisfying the harm test).

Paragraph 9 requires details of any other proceedings before any court, tribunal or any other person taken or to be taken in relation to the person’s conduct including the outcome of any such proceedings. This includes proceedings commenced under The Children Act 1989.

Paragraph 10 requires details of any action taken, or to be taken, by the person referring or providing information under the Act to DBS in relation to the person’s conduct including whether or not the matter has been referred to the police or to any other person.

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