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Glossary › Duty to refer

What is the duty to refer to the DBS?

Schools have a legal duty to refer someone to the Disclosure and Barring Service when they remove them from regulated activity, or would have done had the person not left, because they harmed or posed a risk of harm to a child. The DBS then decides whether to bar them.

Checked against the official guidance on . Sources

KCSIE 2026 sets out the duty in Part three, paragraphs 427 to 431. A school must refer to the DBS where it removes a person from regulated activity, or would have removed them had they not left, and believes the person has:

  • engaged in relevant conduct in relation to children or adults
  • satisfied the harm test, or
  • been cautioned or convicted of a relevant offence

The duty covers volunteers as well as paid staff (paragraph 429). Removal includes suspension, redeployment to work that isn't regulated activity, dismissal and resignation, so a resignation does not end the duty (paragraph 431). Referrals should be made as soon as possible, with as much relevant information as the school has, because the DBS relies on it.

Part four repeats the duty for allegations against staff: where an allegation is substantiated and the person leaves or is dismissed, the employer must refer if the criteria are met (paragraph 486). The school should investigate enough to know whether the referral criteria are met (paragraph 427).

This is a different duty from the one to consider a referral to the Teaching Regulation Agency for teachers, and a school may need to make both. The DBS's own guidance on making barring referrals explains the harm test and relevant conduct.

In the official guidance

  1. Keeping children safe in education 2026, Part three, paragraphs 427 to 431, and Part four, paragraph 486 (DfE, in force from 1 September 2026).
  2. Making barring referrals to the DBS (GOV.UK).

Last checked . This explains the official guidance in plain words. It isn’t legal advice, and your local safeguarding partnership’s procedures and your own policies also apply. If anything here is wrong or out of date, email support@pupilprotect.co.uk.

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