St Giles Trust offers advice, advocacy and support to those facing severe social disadvantage and multiple barriers in their lives.
Background
In January 2025, the charity reported a serious incident to the Commission explaining that an employee was allowed to work with children in schools for almost 2 years while being on the Disclosure and Barring Service’s (‘DBS’) barred list.
The charity explained the initial DBS check completed in 2021 showed they were not on the barred list but when re-applying in 2023, the list had been updated which then included the individual. As a result of an operational failure in the charity, no action was taken to stop the individual working with children until December 2024. At this point, a HR officer identified the change when reviewing the DBS check and reported it to the charity’s senior management.
The Commission opened a regulatory compliance case to gather more information and determine what, if any, regulatory action may be required. The Commission met with the trustees and obtained further information to understand what immediate steps they were taking in response to the new information and to check the charity’s safeguarding policies and procedures.
The trustees proactively updated the regulator on steps being taken in response to the incident. This included conducting a full internal investigation.
Findings and action taken
The Commission found that whilst the incident primarily resulted from an operational failure in the charity, the trustees breached their duties and responsibilities by allowing a barred individual to work with children for almost two years, placing beneficiaries at risk of harm.
This amounts to mismanagement in the administration of the charity. The regulator is critical of the trustees for allowing this to happen.
Since the Commission began engaging with the charity, the trustees have promptly made a number of changes to the charity’s DBS and Risk Assessment policy; procured a new DBS check provider with improved automation and tracking; mandated that all staff required to have DBS checks have signed up to the DBS update service, and introduced measures to ensure that all DBS results are checked at least twice. The trustees also updated the charity’s Safeguarding Children and Young People policy.
The regulator verified the actions taken by the trustees and provided them with formal advice and guidance to further reinforce the requirement to strengthen the charity’s safeguarding governance. Following further assurances from the charity’s trustees the regulator has now closed its case.
The trustees avoided further regulatory action due to the way they responded to the matter. If there are further safeguarding failings in the future, this will be a matter of significant concern for the regulator.
This case serves as an important reminder to all trustees to ensure that they are fully aware of their responsibilities in relation to DBS checks and the importance of maintaining sufficient oversight. The Commission’s safeguarding guidance sets out its expectations of charities.
Chris Sladen, Head of Regulatory Compliance Casework, said
This was a serious error which should never have been allowed to happen. However, this case demonstrates that if problems do arise, the way trustees respond makes all the difference.
This is a reminder that effective safeguarding is never complete. All trustees should be routinely checking their policies and procedures are fit for purpose and are being applied properly to protect people who come into contact with the charity from harm.
ENDS
Notes to editors
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The Charity Commission is the independent, non-ministerial government department that registers and regulates charities in England and Wales. Its ambition is to be an expert regulator that is fair, balanced, and independent so that charity can thrive. This ambition will help to create and sustain an environment where charities further build public trust and ultimately fulfil their essential role in enhancing lives and strengthening society. Find out more.
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The regulator issued formal advice and guidance under s15.2 of the Charities Act 2011.