Disclosure and Barring Service (DBS) checks: Homes for Ukraine

Start DBS checks as soon as possible

The DBS application should be started as soon as possible following receipt of data on sponsors and guests.

The council will facilitate the application, by seeking permission from the sponsor and all members of their household aged 16 years and over to undertake the appropriate level of DBS checks. In the instance of a rematch, the relevant DBS checks must be completed in advance of move-in.

Local councils should not carry out Disclosure and Barring Service (DBS) checks on a parent or legal guardian who is sponsoring their child. If there is a third party (aged over 16) living in the household, the local council should check that the relevant DBS check is already in place in respect of that individual, and if not, bring this up to date.

Applying for DBS checks

In terms of initiating DBS checks, the council or registered body will provide the sponsor, and all members of their household aged 16 years and over, with the appropriate form, basic or enhanced, which will need to be completed by the individual.

The council will need to check the identity of each applicant and, for the enhanced check, countersign the application form.

Councils should familiarise themselves with DBS identity guidance which now includes the opportunity to carry out checks digitally. Councils must remember that changes to DBS ID checking guidelines are still in place, allowing physical documents to initially be viewed online.

Councils should be aware that:

1. Eligibility for DBS checks is set out in legislation underpinning the disclosure and barring regime. This is reflected in this guidance to councils. It advises which checks should be carried out in particular circumstances, based on what the law allows. Local councils should ensure they are acting within the law when conducting DBS checks.

2. DBS is required to charge a fee for checks. Councils will be required to cover the cost of DBS checks from the funding that is being provided to enable them to provide support to families to settle in.

3. To facilitate processing, councils or Registered Bodies must include the word ‘Ukraine’ in the ‘position applied for’ field in the form for enhanced checks.

4. To ensure that the relevant enhanced DBS checks are delivered as efficiently as possible the council or Registered Body submitting the check must not tick the box on the application form (field x66) which indicates that the applicant will be working at their home address.

5. Councils should ensure prompt input of check results to the case management system (CMS) to enable assurance of the safeguarding process and to enable allocation of the funding for arrivals.

The DBS Update Service

The DBS Update Service enables individuals to carry their DBS certificate from role to role, if within the same workforce and where the same type and level of certificate is required.

Councils may use the DBS Update service for the purposes of Homes for Ukraine safeguarding checks, if the original certificate is of the same level and type as that for which they are eligible and required to undergo for the Homes for Ukraine scheme.

Councils should ensure that the DBS certificate provided is at the required level of check, is for the correct workforce, and includes searches of the relevant barred lists, as set out in this guidance. Where this is not the case, councils must conduct new checks.

When using the DBS Update Service, councils must check the original DBS certificate. This is because the Update Service will not show information found during the original check.

If the Update Service notifies the Council that the DBS certificate is no longer up to date, the council must conduct new DBS checks.

Councils may exercise the right to use their discretion on whether to accept DBS certificates provided by the DBS Update Service or to conduct a new DBS check.

As a Basic DBS certificate is not available via the DBS Update Service, local councils would be expected to conduct a new DBS check on all sponsors who require only a Basic DBS for the purpose of Homes for Ukraine.

DBS checks on sponsors

The eligibility requirement for DBS checks is set out in the legislation governing the disclosure and barring regime.

From 18 November 2022 local councils can legally request an Enhanced DBS with checks of children’s and adults’ barred lists for all Homes for Ukraine sponsors and all members of a sponsor’s household aged 16 years and over if needed.

The local council should use discretion when deciding which level of check to undertake on a sponsor (a Basic check or an Enhanced with barred lists check). This will depend on each hosting situation, including the make-up and needs of the guests that the sponsor is applying to host.

Local councils must request Enhanced DBS checks (with a check of the relevant barred lists) in the following scenarios:

• On sponsors (and any other household member aged 16 years and over) of eligible children where there is a family relationship between the sponsor and the child, then an ‘Enhanced with children’s barred list check’ in the ‘Other’ workforce should be requested.
• On sponsors (and any other household member aged 16 years and over) of eligible children where there is no family relationship between the sponsor and the child, then an ‘Enhanced with children’s barred list check’ in the ‘Child’ workforce should be requested.
• On sponsors (and any other household member aged 16 years and over) of a family group that includes at least one guest who is a child (a guest under 18) and they are not related to the sponsor, an ‘Enhanced with children’s barred list check’ in the ‘Child’ workforce should be requested.
• When an adult guest, who is not related to the sponsor, needs more support, due to age, illness or disabilities and it is proposed that a member of the sponsoring household (aged 16 years and over) gives them this support, then an Enhanced DBS check (including a check of the adults’ barred list) should be made on the specific member(s) of the sponsor’s household who will give that support. Existing guidance regarding Regulated Activity with Adults (PDF, 1.45MB)1.45 MB) can support the council’s assessment of the eligibility of individuals for this level of check. The application would be done under the ‘Adult’ workforce.

In all other cases, including if guests are being rematched with a new sponsor, local councils should use their own judgement to decide whether to apply for an Enhanced DBS check (with a check of the relevant barred list) on sponsors and household members aged 16 years and over. If the local council decides than an Enhanced DBS check is not needed, a Basic DBS check should be requested for sponsors and household members aged 16 years and over.

As above, local councils should not carry out Disclosure and Barring Service (DBS) checks on a parent or legal guardian who is sponsoring their child.

If a DBS check discloses previous offences, Councilscouncils should take a balanced view on a case by case basis when judging the suitability of that individual (and their household) for the sponsorship role, taking into account factors such as:

• the person’s age at the time of the offence
• how long ago the offence took place
• the nature of the offence and its relevance to being a host
• what else is known about the person’s conduct before or since the offence

DBS checks for people who have lived overseas

It is for local authorities to be satisfied that any prospective sponsor is suitable. For sponsors who have lived and worked outside the UK, local authorities must still obtain a Disclosure and Barring Service (DBS) certificate, including children’s barred list information when children or vulnerable adults will be hosted in line with guidance set out in Disclosure and Barring Service (DBS) checks: Homes for Ukraine.

In addition, local authorities might want to consider undertaking any further checks they think appropriate so that any relevant events that occurred outside the UK can be considered.

These checks might include:

• a criminal record check for someone from overseas. The Home Office publishes information on how to apply for a criminal record check for someone from overseas
• a reference from an employer confirming that they are not aware of any reason why an individual maybe be unsuitable as a sponsor
• a Letter of Professional Standing from a professional regulating authority. Sponsors should Check which professions are regulated in the UK.
• for Ukrainian nationals seeking to become sponsors, you could consider a Certificate of Conviction or No Conviction from the consular section of the Ukrainian Embassy in London (Countries Q to Z: applying for a criminal records check for someone from overseas). Applications can be made using the online registration. The procedure usually takes up to one calendar month. In order to speed up the process the applicants can obtain the extract from the register online. In this case the confirmation letter will be issued by the Consulate within 3 working days.

It is for local authorities to consider whether they are satisfied with the suitability of the sponsor on the basis of the information supplied. It might be difficult to obtain information from overseas particularly in countries where there is conflict. If information is not available, local authorities should undertake an assessment of risk, particularly where a child or adult at risk is within the household. Local authorities should also consider whether to put in place mechanisms to monitor the suitability of the arrangement on an ongoing basis. If a local authority is not satisfied with the outcome of their investigation as to suitability of the host, the sponsor should be considered unsuitable.

Accommodation checks

Sponsors have been asked to check that their accommodation is suitable, which means it should have appropriate safety features reflecting the age and specific needs of any children due to be accommodated