Duty of care is a fundamental legal and ethical responsibility for organisations operating in the UK. Employers, charities, and institutions working with vulnerable groups must take reasonable steps to protect those in their care. One of the most effective ways to demonstrate this responsibility is through DBS checks. Understanding how DBS checks help meet duty of care obligations is essential for maintaining compliance and safeguarding trust.
What Is Duty of Care in the UK?
Duty of care refers to an organisation’s legal obligation to avoid actions or omissions that could foreseeably cause harm. In sectors such as education, healthcare, social care, and voluntary work, this duty is particularly important due to the close contact with children or vulnerable adults.
Failing to take appropriate safeguarding measures may lead to legal claims, regulatory action, or reputational damage. DBS checks form a key part of these preventative measures.
The Role of DBS Checks in Safeguarding
DBS checks help organisations assess whether an individual is suitable for a role involving responsibility or trust. By revealing criminal convictions, cautions, warnings, or barred status where appropriate, DBS checks enable informed recruitment decisions.
When employers carry out the correct level of check, they demonstrate that reasonable steps have been taken to minimise risk. This proactive approach supports duty of care obligations and helps protect service users from potential harm.
Choosing the Correct Level of DBS Check
To properly meet duty of care requirements, organisations must select the appropriate DBS check for each role. There are three main levels:
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Basic DBS checks, showing unspent convictions
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Standard DBS checks, showing spent and unspent convictions
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Enhanced DBS checks, including barred list checks where relevant
Roles involving regular, unsupervised contact with vulnerable groups usually require an enhanced check. Choosing an incorrect level may leave gaps in safeguarding and weaken an organisation’s duty of care position.
DBS Checks and Safer Recruitment Practices
DBS checks should be part of a wider safer recruitment strategy. This includes identity verification, reference checks, and clear safeguarding policies. When combined, these measures help create a robust framework that supports duty of care responsibilities.
Employers should also ensure DBS checks are completed before employment begins or that appropriate supervision is in place. Maintaining accurate records and regularly reviewing safeguarding procedures further strengthens compliance.
Ongoing Responsibility Beyond Initial Checks
Duty of care does not end once a DBS check is completed. Employers must remain vigilant throughout an individual’s employment. Using the DBS Update Service allows organisations to monitor changes to a person’s DBS status, helping to maintain ongoing safeguarding standards.
Working with a trusted provider such as CRB Direct can simplify the DBS application process and ensure checks are handled correctly and efficiently.
Frequently Asked Questions (FAQ)
Are DBS checks a legal requirement?
DBS checks are legally required for certain regulated roles and strongly recommended to meet safeguarding obligations.
Do DBS checks fully guarantee safety?
No, but they are a crucial part of a wider safeguarding and duty of care framework.
How often should DBS checks be renewed?
There is no official expiry, but many organisations renew checks every 1–3 years.
Can duty of care be breached without DBS checks?
Yes, failing to carry out appropriate checks may be seen as negligence if harm occurs.
How can organisations manage DBS checks efficiently?
Using an online service like CRB Direct helps ensure accuracy, compliance, and faster processing.
