Purpose

This Policy sets out the principles North Yorkshire Fire and Rescue Service (NYFRS) will operate in relation to Disclosure and Barring Service (DBS) checks and Vetting Checks, from the point of pre-employment right throughout employment including any movements, promotions and those returning from career breaks.

DBS Checks are undertaken to:
• Help employers make safer recruitment decisions by processing and issuing DBS checks.
• DBS maintains the Adults’ and Childrens’ Barred lists and makes considered decisions as to whether an individual should be included on one or both lists and barred from engaging in Regulated Activity.
• Minimise the risk of employing an individual who is considered unsuitable to work in certain occupations and positions of trust.

The National Fire Chief’s Council (NFCC) published its NFCC Safeguarding Position Statement 2020 in January 2020. This is underpinned by further NFCC Safeguarding Guidance which should be read in conjunction with this document. A link to these documents can be found in the Useful Links at the back of this policy.

The purpose of this policy is to:
• Promote Safer Recruitment Practices
• Apply Consistent and Fair Assessment
• Safeguard Vulnerable Groups
• Maintain Public Confidence
• Ensure Legal and Regulatory Compliance
• Support a Culture of Transparency and Accountability

Legal Context

On 6 July 2023, Fire and Rescue Authorities were included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order. This legislative change means that all Fire and Rescue Services will now be able to perform, as a minimum, Standard Disclosure and Barring Service (DBS) checks for all individuals representing the service – including employees, volunteers, and contractors.

In certain cases, individuals may be eligible for an Enhanced DBS check, with or without Barred List checks. Eligibility depends on:

• The nature of the role
• The frequency of activities involving vulnerable individuals

These requirements are supported by the National Fire Chiefs Council (NFCC) Safeguarding Guidance to help ensure compliance with the Safeguarding Fire Standard and the Fire and Rescue National Framework for England.

About the Rehabilitation of Offenders Act 1974

The Act aims to protect individuals from having to disclose past convictions and cautions once they become spent. However, the Exceptions Order removes these protections for certain roles or activities, particularly those involving high levels of public trust, such as:

• Unsupervised work with children or vulnerable adults
• Roles involving sensitive information or access to people’s homes

In these circumstances, applicants must disclose spent convictions and cautions if asked, unless the disclosure is specifically protected.

Regulated Activity and Legal Obligations

Regulated activity refers to specific duties involving children or vulnerable adults, defined in legislation. Individuals involved in such activities must undergo an Enhanced DBS check with the relevant Barred List check.

It is a criminal offence to:

• Apply for or work in regulated activity if an individual is barred by the DBS
• Knowingly employ or allow someone barred to work in a regulated activity
• Fail to conduct the required DBS checks for staff or volunteers engaged in regulated activity

These safeguards are essential to protect the public and uphold trust in Fire and Rescue Services.

Types of DBS Checks

The inclusion of Fire and Rescue Services within the Rehabilitation of Offenders Act (Exceptions) Order 1975 change, enables NYFRS to undertake at least a Standard DBS check for all staff and volunteers. Depending on role responsibilities and frequency of contact with vulnerable groups, some individuals may be subject to Enhanced DBS checks, with or without Barred List checks.

Summary of the types of checks:

Basic DBS Check

Shows unspent convictions only.

Where the role does not meet the criteria for an Enhanced or Standard disclosure, a basic disclosure may be considered and used.

Standard DBS Check

Shows spent and unspent convictions, cautions, warnings, and reprimands.

Required for professions involving trust, including the FRS.

Enhanced DBS Check

Includes everything in a Standard check, plus any relevant local police information.

Required where duties include regular contact with children or vulnerable adults, such as supervision or care roles.

Enhanced DBS Check with Barred List(s)

All the above, plus checks against the Children’s and/or Adults’ Barred Lists.

Required for regulated activity, such as supervising young people under 16 on work experience.

Also applies to line managers or supervisors overseeing individuals in regulated activity.

Non-Police Personnel Vetting (NPPV)

Some positions within NYFRS require additional police vetting known as NPPV clearance. The specific level of clearance needed will be detailed in the job description or role profile. This ensures compliance when working in joint estates or accessing police systems. The different type of vetting clearances are;

Premises – NPPV1

Premises, Assets & Info – NPPV2 Abbreviated

Premises, Assets, Info & Systems – NPPV2 Full

Premises, Assets, Info & Systems AND Works With MV Police Roles – NPPV3

The Importance of Correct Checks

It is essential that the appropriate level of DBS check and NPPV clearance is identified for each role within NYFRS. This ensures that:

• Suitable safeguards are in place to protect the public.
• Individuals are not subjected to unnecessary checks, maintaining fairness and proportionality.

NYFRS is committed to upholding the highest standards of safeguarding and public trust. All applicants for positions of trust will be assessed in a fair, consistent, and non-discriminatory manner. Any convictions or information disclosed through the DBS process will be considered objectively and in context, ensuring decisions are made with integrity and transparency.

Some individuals within NYFRS may hold dual roles (e.g., operational and non-operational responsibilities), and it is essential that they meet the requirements for each role. To support operational efficiency, where a role requires checks against both the Adults Barred List and the Children’s Barred List, a single enhanced DBS check

will be completed covering both lists, rather than conducting two separate checks. This ensures comprehensive checks while minimising duplication, cost, and delay.

Safer Recruitment at NYFRS

NYFRS is committed to safeguarding through robust and fair recruitment processes. The following measures are in place to ensure the suitability of all staff, volunteers, and contractors, particularly those working with vulnerable individuals.

All employees and volunteers are required to undergo a DBS check. The nature of the job role will determine the level and type of DBS check required.

Refusal to undertake a DBS check or renewal may result in disciplinary action or offer of employment withdrawn.

NYFRS will recruit in line with the recruitment and selection policy.

Job Descriptions and Applications

All job descriptions will clearly state the main duties of the post and the extent of contact or responsibility for children and young people.

Application forms and job adverts will include a statement confirming that a DBS check and NPPV (where required) will be undertaken if the individual is offered the position.

Applicants must complete an online application form, providing personal, educational, and employment history details.

Applicants are required to declare any criminal convictions as part of the application process.

Incomplete applications will not be accepted.

At the point of submission, applicants must confirm that the information provided is accurate and correct.

Right to Work and ID Verification

Shortlisted candidates must provide proof of their right to work in the UK and identity.

Acceptable ID includes a UK passport, full birth certificate, driving licence, and a utility bill.

Copies of documentation will be retained in the personal file of successful candidates.

DBS Checks Prior to Employment

DBS checks must be completed before employment begins, unless a formal risk assessment is in place to prevent a delayed start. Following a conditional offer of employment, the applicant will be required to complete a DBS check.

The required DBS level will depend on the nature of the role. NYFRS will not accept previously issued DBS certificates.

For On-Call Firefighters, the DBS process must be initiated before the start of the Safe to Ride Course, though final clearance may be received post-start. A full risk assessment must be conducted to ensure safeguarding standards are met prior to the applicant commencing any duties. The applicant must not be issued with NYFRS uniform, corporate wear, or an ID badge until a DBS check has been successfully completed and reviewed.

In cases where an urgent start is necessary before DBS clearance, a risk assessment must be completed by Talent & Development and the Safeguarding Manager. This will be authorised at Director level with support from the Safeguarding function. This risk assessment is forwarded to the individual’s Line Manager for monitoring.

Any applicant who refuses to undertake a DBS check will have their offer of employment withdrawn.

Some roles also require Non-Police Personnel Vetting (NPPV) in addition to a DBS check.

DBS Validity for On-call Reserve or Delayed Start

For individuals who have completed a DBS check but are awaiting their start date in an On-call role – such as being placed on a reserve list or awaiting a training course – the DBS check will remain valid for up to 3 months from the date of issue.

If the delay in starting the post or attending the required training (e.g. the ‘2-week Safe to Ride’ course) exceeds this 3-month period, a new DBS check will be required to ensure continued compliance with safeguarding standards.

This validity period applies only where the delay is due to organisational reasons, such as scheduling of training or operational requirements.

If an individual chooses to delay their start date by more than 3 months beyond the originally agreed date, a new DBS check may be requested to ensure continued compliance with safeguarding standards.

Withdrawing Offers of employment

NYFRS reserves the right to withdraw any conditional offer if the DBS check reveals information that makes the applicant unsuitable for the role. The applicant will be informed of that decision.

This also applies to Contractors and Volunteers.

Movements and Promotions

Employees moving to a new role or promoted within NYFRS may require a new DBS check, depending on the role.

A previously completed DBS certificate may be reused if:

• The same level of check is required
• It was issued within the last three years

NPPV Vetting may also apply dependant on the job role.

If the new role requires a higher level of DBS check, a fresh application will be made as part of the movement/promotion process.

DBS checks will be renewed every three years regardless of role changes.

Talent & Development will manage all internal movements and associated checks.

All employees have a duty to disclose to the Service any criminal conviction or caution throughout the course of their employment. These disclosures should be made to their line manager or DBS inbox.

Staff Returning to NYFRS

If an employee leaves NYFRS (for example through retirement) and is then successful in applying for a new position within the Service, that employee will need a new DBS in relation to the role for which they have applied, this will be actioned by Talent & Development.

People working on the behalf of NYFRS

Requirement for the correct level of DBS/Vetting checks is now in place for all new procurement processes. For planned maintenance and works, all contractors should have the minimum of a standard DBS check. A heightened level of check may be required for our shared estate with North Yorkshire Police. For any urgent or organisationally critical works, exceptions can be made, if a risk assessment has been completed including, nature of work, location, access and supervision.

Identity Verification and Delays

Line Managers or Supervisors (Watch Manager or above) are responsible for verifying identity documentation for DBS purposes.

Original documents must be presented in person. Photocopies, scanned images, or digital versions will not be accepted for verification.

The verification process must be completed before the DBS application can be submitted.
Delays in ID verification may result in delays to employment start dates, onboarding, or deployment into operational roles.

DBS national processing times begin once the applicant receives their confirmation email from the Disclosure and Barring Service.

DBS applications may take up to 60 days to process at any one stage. This duration reflects standard operational timelines and does not indicate a problem or the presence of a conviction. If an application remains unprocessed after 60 days, the applicant may request an escalation via the official DBS website.

NYFRS encourages patience during this period and will support applicants and managers in navigating delays where necessary.

Positive Disclosures

A positive disclosure arises when a DBS check reveals that a current or prospective employee has a previous conviction, caution, reprimand, or warning. In such cases, the individual must present the original DBS certificate in person to an appropriate NYFRS representative. This allows for accurate verification and supports a fair and informed Positive Disclosure Risk Assessment process.

New Starters

Upon completion of a DBS check, the Disclosure Certificate is sent directly to the applicant by North Yorkshire Council, the Service’s DBS processing authority.

Talent & Development will receive an automated notification if the check contains a positive disclosure. However, no specific details of the disclosure will be provided in this notification.

Disclosure details will only be shared with individuals who are authorised to review them.
In the event of a positive disclosure:

• The applicant will be contacted via a member of the Talent & Development and asked to present their certificate for review.
• The certificate will be assessed by Employee Relations in consultation with a designated person with safeguarding responsibilities, where required.
• A Positive Disclosure Risk Assessment will be completed by a senior advisor and a designated person with safeguarding responsibilities, to determine the applicant’s suitability for the role.

In line with the Core Code of Ethics and Integrity, applicants are expected to have disclosed any relevant information during the recruitment process.

NYFRS is committed to maintaining appropriate safeguarding arrangements to protect the public, while also supporting the principles of fair employment and rehabilitation. Reference will be made to the NFCC Positive Disclosure Risk Assessment Guidance (www.ukfrs.com/guidance/nfcc-positivedisclosure-risk-assessment-guidance) to ensure decisions are reasonable, proportionate, and evidence-based.

Having a caution or conviction will not automatically disqualify an individual from employment with NYFRS. Each case will be considered on its own merits, with a balanced assessment of public safety, the nature of the offence, and the individual’s circumstances.

All decisions and rationale will be clearly documented and securely stored within NYFRS systems in line with the organisations retention schedule.

Withdrawing Offers

NYFRS reserves the right to withdraw any conditional offer if the DBS check reveals information that makes the applicant unsuitable for the role. The applicant will be informed of that decision.

In line with the Core Code of Ethics and Integrity, applicants are expected to have disclosed any relevant information during the recruitment process.

This also applies to Contractors and Volunteers.

Existing Employees

Following the 6 July 2023 legislative change, all existing NYFRS staff have been required to undergo a DBS check.

Staff who have not yet completed a DBS check due to exceptional circumstances such as long-term sickness or an approved career break will be required to undergo a check upon their return to active service. These are managed by the People Services Team.

Prior to the DBS check being completed, individuals are encouraged to voluntarily and confidentially disclose any previous convictions or cautions. Early and voluntary disclosure is a key component of the Positive Disclosure Risk Assessment process. This approach supports transparency, fairness, and reinforces NYFRS’s commitment to safeguarding and trust.

Review and Compliance

A quarterly audit report will be produced to monitor compliance and renewal timeliness. These reviews feed into NYFRS’s Safeguarding Compliance Meetings.

Ongoing Disclosures and Monitoring

Employees must inform their line manager or the DBS Team of any new convictions, cautions, or changes in personal circumstances (e.g. name changes) during their employment.

NYFRS may request a renewed DBS check at any time based on new information, including third-party disclosures or self-declaration.

Employees and volunteers are expected to:
• Cooperate fully with all DBS and vetting requests.
• Notify the Service immediately of any new criminal matters which would require a new DBS check.
• Submit queries or concerns confidentially to: DBS@northyorksfire.gov.uk
• Failure to disclose relevant information may lead to disciplinary action.

If an employee wishes to raise a concern about a past conviction:
• They will be asked to complete a confidential proforma, which will be assessed by Employee Relations.

Where a positive disclosure is identified during employment:
• Employees have a duty to inform their Line Manager and/or the DBS Inbox of any criminal convictions/cautions
• Employee Relations and the Safeguarding Function will complete a risk assessment in line with the NFCC guidance.
• The employee may be temporarily removed from their duties, and their manager informed.
• Following investigation, the Service may take one or more of the following actions:
-Introduce safeguarding measures or workplace adjustments
-Redeploy the individual to an alternative role, if available
-In serious or incompatible cases refer to the disciplinary policy. This may include         onward referrals to HMICFRS, LADO and DBS.

Renewals

A DBS certificate is only valid for three years. NYFRS has established a renewal process to ensure continued safeguarding compliance. Renewals will be managed by identified roles within Prevention and Capabilities who make up the NYFRS DBS team.

When a DBS certificate is approaching its renewal date, the employee will receive an email containing all relevant information and instructions on how to complete a new DBS application.

Even if an individual disclosed previous convictions, cautions, or other relevant information during their initial DBS check, the renewed certificate must still be reviewed to ensure no new information has been added since the last disclosure. This is essential to maintaining up-to-date safeguarding standards and ensuring continued suitability for the role.

Staff returning from career breaks

In line with our commitment to safeguarding, any employee who has taken a career break of three months or longer will be required to undergo a DBS recheck prior to resuming duties.

For individuals working directly with children, young people or vulnerable adults, alternative work streams may be arranged until the DBS check has been completed and returned.

We encourage all employees to voluntarily and confidentially disclose any convictions or cautions that may have occurred during their time away from the workplace. This helps us maintain a safe and transparent working environment for all.

A return to work after a period of statutory leave (maternity, adoption, parental leave or sickness) is not a new appointment, nor a break in service and a DBS check is not required unless their current check has expired.

Data Protection and GDPR

NYFRS is committed to handling all personal data, including information obtained through the DBS process, in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

All DBS-related data will be:
• Collected and processed lawfully, fairly, and transparently.
• Used solely for the purpose of assessing suitability for roles involving positions of trust.
• Stored securely and accessed only by authorised personnel.
• Retained only for as long as is necessary and in line with NYFRS’s organisational Retention Policy.

Where a positive disclosure is received, the original DBS certificate must be presented in person and will be handled with strict confidentiality. Any information disclosed will be considered as part of a structured risk assessment process and will not be shared beyond those with a legitimate safeguarding or employment-related interest.

Recruitment packs for both successful and unsuccessful applicants will be held by NYFRS in line with the organisation’s retention schedule. This ensures compliance with data protection legislation and supports appropriate record-keeping practices.

For further details on how long DBS-related information is retained and disposed of, staff should refer to the NYFRS Retention Policy, available on the NYFRS Retention Schedule.