The Disclosure and Barring Service has produced a podcast‑style video for faith organisations explaining how to apply the legal duty to refer in real cases. The conversation pairs Kelly Matthews, DBS South East Regional Outreach Adviser, with Louise Whitehead, Head of Safeguarding at the Diocese of Oxford, and sits within a 12‑week awareness campaign focused on the faith sector in the South East.
In law, the duty to refer applies to ‘regulated activity providers’ and ‘personnel suppliers’ in England, Wales and Northern Ireland. It is triggered when an organisation removes a person from regulated activity (or would have done so had the person not resigned, retired or been redeployed) and believes the individual has engaged in relevant conduct, meets the harm test, or has a relevant caution or conviction. The duty still applies even if the matter has been reported to the police, a local authority or a professional regulator.
DBS guidance is explicit about consequences. A person under a duty to refer who fails to do so without reasonable justification commits an offence, punishable on conviction by a fine of up to £5,000. The system exists to ensure DBS can consider whether an individual should be placed on the children’s and/or adults’ barred lists.
DBS advises employers and volunteer managers to complete investigations and disciplinary processes to establish facts, then submit the referral-even if a significant period has passed since the allegation. Suspension alone will not usually meet the threshold; if, after investigation, a person is dismissed or moved out of regulated activity, a referral should follow.
DBS encourages early contact with its Regional Outreach Advisers for advice before, during and after a referral. Named contacts are published for each region, including the South East adviser, Kelly Matthews. Outreach support includes briefings, workshops and case‑specific guidance to help safeguarding leads meet statutory duties.
Where statutory conditions are not met, organisations may still exercise a ‘power to refer’ on safeguarding grounds if they reasonably believe the person works, has worked or may work in regulated activity and that DBS may consider barring appropriate. Such referrals should be made with regard to employment and data protection law; independent legal advice may be needed.
Data protection should not be a barrier when the duty applies. Prescribed information required under the duty to refer is exempt from the non‑disclosure provisions of GDPR and the Data Protection Act 2018 because disclosure is required by law. The 2008 Prescribed Information Regulations set out what must be provided.
The video aims to build practitioner confidence around referral thresholds, documentation and liaison with statutory agencies. For follow‑up, DBS signposts its Making barring referrals guidance, the legal duty to refer leaflet and the Regional Outreach service. The ‘Faith in Safeguarding – In Conversation with Kelly Matthews and Louise Whitehead’ episode is available on the DBS YouTube channel.
DBS reports that referrals from the faith sector accounted for only 0.51% of submissions over the past seven years. The current campaign seeks to raise awareness and improve compliance so that concerns leading to removal from regulated activity are consistently escalated to DBS.
For trustees, clergy and safeguarding leads, the operational takeaway aligns with DBS guidance: keep a written protocol consistent with statutory guidance, record decisions and evidence thoroughly, contact your Regional Outreach Adviser early for advice, complete internal processes even if a person leaves, and make the referral promptly once the threshold is met.