What are the Barred Lists and what are the implications for employers?

What are the Barred Lists?

‘The Barred Lists’ are two lists of persons who have been deemed unsuitable for working in regulated activity with adults and/or children.

The rules for working with children and adults are different – that’s why there are two lists.

If you’re looking for more information on the differences in requirements between working with children and adults visit the Disclosure and Barring Service website.

Who manages the Barred Lists?

The Barred Lists are managed by the Disclosure and Barring Service (DBS).

Should I make myself aware of whether a person is on the Barred Lists or not?

If your employee requires an Enhanced Disclosure because they are working in a regulated activity, then they must be checked against the Barred Lists.

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How do I find out if a potential employee is on either of the Lists?

By requesting an Enhanced Disclosure – it will include a check against the Lists and the result will be on their Disclosure.

What if I decide to employ them even though they are on one of the Lists?

You would be breaking the law if you knew an employee was on the Barred List but employed them anyway.

Is it necessary to report someone for actions that might mean they have to go onto the Barred Lists?

If you have an employee who is – or was – working in a regulated activity and you believe they have harmed the adult or child they have dealt with, you have a legal obligation to report this.

How do I report someone that I believe should be on either or both of the Barred Lists?

If you have reason to believe that a person should be on either or both of the Lists, you should contact the Barring helpline at the DBS.

Just phone 01325 953795 or go to the relevant web page via https://www.gov.uk/government/publications/dbs-referrals-form-and-guidance

This article is the first in a series of simplified regulation information designed for the employer. Look out for our next one!

In the meantime, if you want to discuss any of the details in this article, do give us a ring on 0800 197 8858.