DABcheck Terms and conditions

 

Definitions
The "DBS" refers to the Disclosure and barring service.

A "Disclosure" is the document produced by the DBS providing details of a consenting individual's criminal convictions, cautions, reprimands and warnings held on the Police National Computer.

It also reports on whether or not an individual is included on a list barring them working with vulnerable groups including children.l

An "Umbrella body" is an organisation registered by the DBS to countersign disclosure applications.

"The Company" refers to "Penhellis Community Care Ltd" which is a registered umbrella body with the DBS.

"DABcheck" is the trading name under which Penhellis Community Care Ltd processes applications for disclosure and barring information.

The "client " is the organisation instructing us to apply for disclosure and barring information for persons named by them (Applicants) applying for roles which are exempted from the Rehabilitation of Offenders Act 1974.

The “Responsible person” is the person within the organisation who will be responsible for ensuring that the client organisation will comply fully with the DBS Code of Practice and ensure that all disclosure information passed to the Client will be used accordance with policy statements, based on the DBS models, relating to the secure storage, handling, use, retention and disposal of disclosures and disclosure information and the recruitment of Ex-Offenders.

An "Applicant" is the consenting individual for whom the client organisation seeks the Disclosure and barring information.
Acting as an Umbrella Body (one which countersigns applications and receives Disclosure and barring information on behalf of other employers or recruiting organisations), we take all reasonable steps to ensure that our clients can comply fully with the DBS Code of Practice. We also take all reasonable steps to satisfy ourselves that they will handle, use, store, retain and dispose of Disclosure and barring information in full compliance with the DBS Code and in full accordance with this policy. We also ensure that our clients, at whose request applications for disclosure and barring information are countersigned, has such a written policy and provide a model policy for that body or individual to use or adapt for this purpose.

We do not retain the disclosure certificate or any information contained therein and only pass the certificate to the organisation requesting the disclosure on condition that the information contained therein is retained used, stored and disposed of in accordance with the guidelines issued by the DBS and is not used for any other purpose.

We also take all reasonable steps to satisfy ourselves that our clients will treat all applicants for positions who have a criminal record fairly and not to discriminate unfairly against the subject of a Disclosure on the basis of conviction or other information revealed. We also ensure that our clients, at whose request applications for Disclosures are countersigned, has such a written policy and provide a model policy for that body or individual to use or adapt for this purpose.

Limitations of Liability
The Company, can accept no responsibility for the accuracy of information provided by the Applicant, Client organisation or DBS and accept no liability for any loss incurred by the Client organisation, Applicant or any other party resulting from the use of this information in any way.

Disputes regarding information contained within a Disclosure should at first be directed in writing to The Company who will provide the Applicant with details of the DBS procedure for dealing with disputes.

The Company makes every effort to operate a timely process in obtaining Disclosures but can accept no liability for any losses incurred by the Client, Applicant or any other party due to the length of time taken to obtain a Disclosure.

The Company stringently applies the DBS process for verifying the identity of the Applicant, but a Disclosure should not be taken as a proof of identity and we therefore can accept no liability for losses resulting from mistaken identity.

The Company complies fully with the DBS Code of Practice for safeguarding information contained within Disclosures, but accept no liability for losses of any nature incurred by the Applicant, Client or any other party resulting from such information becoming known by persons unauthorised by the Applicant unless it can be shown that The company were negligent in their role as a DBS Umbrella Organisation.

The company’s role is to process applications for disclosure and barring information. We do not give advice or make any recruitment decisions.

We reserve the right to cancel registration and/or refuse to process an application for a disclosure if we have cause to believe that a client organisation is not entitled to ask an exempted question, is acting illegally,  is misusing disclosure information or is unable or unwilling to comply with the DBS code of practice.
Service will also be withdrawn if a direct debit request is refused or cancelled without good reason.