Children with Disabilities

19. DBS checks and suitability of carers

*Please note: The information below was written in 2009 and CRB has now changed to DBS.

Greater use of direct payments and personal budgets, whilst supporting empowerment and choice, does carry some risks of children being harmed if the minimum requirements in respect of checks and references on those providing personal care have not been followed up. 

The Direct Payments guidance Community Care, Services for Carers and Childrens Services (Direct Payments) Guidance, England (2003) makes it clear that the system of direct payments should not place a child in a situation where they are at risk from harm. 

The local authority can exercise their discretion and refuse to give a direct payment if they consider a child is being placed in a situation where they would be at risk of harm as a result by being cared for by an unsuitable person. 

However the local authority cannot insist that the person employed through Direct Payments should have a Criminal Record Bureau (CRB) check, prior to their employment (or be registered with the Independent Safeguarding Authority, when legislation, under the Safeguarding Vulnerable Groups Act 2006 comes into force) although of course this is strongly advised. 

Requesting a CRB check, together with the taking up of references, whilst not guaranteeing that a person is suitable to work with children, does offer a degree of reassurance about a carer's suitability to undertake such work. 

In situations where the family decides not to accept the local authority’s advice about best safeguarding practice some local authorities are asking the family to sign a statement stating that the issue has been discussed with them and they are aware of the risks involved . Such statements do not of course absolve the local authority of their duties to safeguard the welfare of children. (Gov.uk, July 2009)