Are introductory care agencies who are not CQC registered (because introductory means they don’t have to register) still supposed to carry out a DBS as they introduce you to vulnerable clients in the community to live in with them? Who do you complain to if these checks are not carried out?

Answered by Philippa Shirtcliffe

The law doesn’t say when a Standard or Enhanced DBS check ‘must’ be carried out, but it does specify when a DBS check ‘can’ be applied for. Organisations may produce their own guidance stating when they want DBS checks to be requested, but this guidance must comply with the law that allows a DBS check to be applied for. In terms of whether an introductory care agency carries out a DBS, this should be carried out as part of the service to ensure a safe recruitment process is followed. If you are a worker or you are seeking to employ a care worker from an agency, you will need to ask what are the onboarding procedures. You should also ask about the right to work checks, training and particularly important during COVID if the worker is working in multiple services or homes. If you expected the DBS to be in place and it isn’t, in the first instance follow up with the agency using their complaints procedure. If you need to take it further I would suggest speaking to your local social services team.