List 99 Check Updates in 2021
The new Department for Education system for conducting List 99 checks is solely restricted to educational institutions, specifically those responsible for checking applicant suitability. The type of applicants in question is anyone looking to engage in a regulated activity or activities.
As we have previously documented, regulated activities refer to duties that involve working directly with children or vulnerable adults, such as providing teaching, personal care and healthcare.
As of April 2021, schools, colleges, universities and other educational settings now have the ability to check Barred List statuses, but will not need to seek help from third-party DBS check agencies such as ourselves.
This means we will not be able to provide List 99 checks separately, alongside an Enhanced DBS check application.
Does the List 99 Update Affect DBS Checks?
The existing List 99 system we are licensed to use is being overhauled and is now limited to educational employers. So third party recruitment agencies and auxiliary service providers are no longer legally entitled to access this system for the purposes of job applications.
From the updates we have been given, there does not appear to be any noticeable gap or risk to DBS check applications or how the DfE facilitates Barred List checks.
While we do not have a license to conduct List 99 checks anymore, we can still conduct DBS online applications in the usual manner. That process has not changed. So if you are an individual looking for a Basic, Standard or Enhanced DBS check, or an employer looking for multiple DBS checks, you can still utilise our services as standard
Process for Children’s and Adults’ Barred List Check in 2021
If you are an educational establishment, such as a school, college or university, you can contact the Department for Education regarding gaining access to this new Barred List check service.
Up until this procedural change, if you requested a List 99 check, you would typically receive an instant confirmation that an individual was unsuitable for working with children or vulnerable adults. A List 99 check would reveal whether said individual(s) were prohibited from working with these groups almost instantly, and that organisation would be legally required to refuse the application.
This is different from what is disclosed in an Enhanced DBS check application, which may reveal spent or unspent criminal convictions, cautions, warnings or reprimands that an applicant has received. However, there is no legal requirement to pass through the DBS disclosure as a reason for not hiring that individual. The discretion entirely rests with the employer.
As an employing school or college, the current service means you can still request an Enhanced DBS check (through providers like ourselves). While you are waiting for the results to come back from a local police authority, you can request a Barred List check from the DfE to engage the individual at short notice.
How Can I Carry Out List 99 Checks?
Below is a summary of what these new changes mean for educational institutions:
- The DfE now holds responsibility for hosting Barred List checks, so you will need to contact them if you need one carried out.
- You can still request single or multiple Enhanced DBS checks as usual.
- As a third party DBS check provider, we have lost permission to access the Barred List system.
- This change does not affect our ability to handle and process Enhanced DBS checks; it just means that Barred List checks have to be requested separately.
We hope this clarifies what might seem like a confusing procedural change, but if you need further clarification, we would be more than happy to take your calls and answer any questions you have.
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