Disclosure Barring Service
Overview
An employer may request a DBS check as part of their recruitment process (previously known as CRB checks). These checks are processed by the Disclosure and Barring Service (DBS).
For certain roles, the check will also include information held on the Childrens and Adults Barred Lists, alongside any information held by local police forces, that is considered relevant to the applied-for post.
DBS checks assist employers in making safer recruitment and licensing decisions, however a check is just one part of recruitment practice. When a check has been processed by DBS, a DBS certificate is produced and issued to the applicant.
DBS is unable to access criminal records held overseas, so a DBS check may not provide a complete view of an applicants criminal record, if they have lived outside of the UK.
Employers should ensure that they have access to all of the information available to them, to make safer recruitment decisions. More information about how to get a criminal record check for overseas applicants, or those that have previously lived outside of the UK, on the Home Office website.
Eligibility to ask an exempted question
Access to the DBS checking service is only available to registered employers who are entitled by law to ask an individual to reveal their full criminal history, including spent convictions - this excludes protected cautions and convictions that will be filtered from a criminal record check - also known as asking an exempted question.
An exempted question applies when the individual will be working in specific occupations, for certain licenses and specified positions. These are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
The minimum age at which someone can be asked to apply for a DBS check is 16 years old.
More information about who is eligible for a DBS check, can be found in the DBS eligibility guidance.
The code of practice
The code of practice is issued under section 122(2) of the Police Act 1997. Organisations using the DBS checking service must comply with this code of practice. It is there to ensure that organisations are aware of their obligations, and that the information released will be used fairly.
The code also ensures that sensitive and personal information disclosed by DBS, is handled and stored appropriately and is only kept for as long as is necessary.
Storing information for DBS certificate information
The correct storage of DBS certificate information is important. The code of practice requires that the information revealed is considered only for the purpose for which it was obtained, and should be destroyed after a suitable period has passed - usually no longer than six months.
Organisations must use any information revealed on DBS certificates fairly. More information on the handling and storage of DBS certificate information is available on GOV.UK.
Organisations must also satisfy DBS that they are complying with the code of practice. This means cooperating with requests from DBS to carry out assurance checks, and reporting suspected malpractice that relates to the code of practice or misuse of DBS certificates.
If we believe that the code of practice isnt being followed, we can refuse to issue a DBS certificate.
Applicants rights
Usually, a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. Refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA) 1974.
Certain areas of employment are exempt under the ROA 1974 (Exceptions) Order 1975, and employers may ask about spent convictions - this is known as asking an exempted question. When answering, the applicant would have a legal obligation to reveal spent convictions.
The code of practice states that information on a DBS certificate should only be used in the context of a policy on the recruitment of ex-offenders. This is designed to protect applicants from unfair discrimination, based on non-relevant past convictions. We have created a specimen policy on the recruitment of ex-offenders to help guide organisations.
The minimum age at which someone can be asked to apply for a DBS check is 16 years old.
Transgender process for DBS checks
DBS offers a confidential checking process for transgender applicants.
This process is for transgender applicants who do not wish to reveal details of their previous identity to the person who asked them to complete an application form for a DBS check.
For more information about the transgender process, email sensitive@dbs.gov.uk or see the DBS Transgender Applications guidance.
Self-employed workers
A self-employed person who is eligible for a standard or enhanced DBS check can ask the organisation that wishes to contract their services, to apply for their check.
A self-employed person who needs a basic check can apply through the DBS online application route if they live or work in England or Wales. They can apply to Disclosure Scotland if they live or work in Scotland.
Registering as an organisation with DBS
Organisations can either register with DBS if they submit more than 100 check applications per year, or they can use an organisation offering umbrella body services to apply for DBS checks.
To satisfy the conditions of registration you must:
- submit more than 100 eligible DBS check applications per year
- be entitled to ask exempted questions under the Rehabilitation of Offenders Act 1974
- comply with the DBS code of practice
- pay the appropriate fees in relation to applications for DBS checks, as well as registration of the organisation and countersignatories
You must also provide specific and up-to-date information to the DBS for registration to be granted. This includes:
- organisation status
- proposed countersignatories and lead countersi