Are DBS Checks Universally Required?

Only certain roles or types of work are eligible for a standard, improved or enhanced DBS verification with bar list. These functions are established in the legislation and more information on eligibility for the different levels of verification, including an online eligibility tool, can be found in our eligibility guide. Access to standard, improved and enhanced DBS checks with prohibited lists is only available to employers who are entitled by law to ask a person to disclose their full criminal history, including accumulated convictions (excluding protected warnings and convictions that will be leaked from a criminal background check). This is known as asking “an exempt question”.But since the job was offered by an agency, Terri-Anne was told that she had to pay a DBS check in advance to continue with the work and to be given a start date.

A DBS check is required if the job involves working with children or vulnerable adults. A basic check can be used for any position or purpose. A basic check shows any “unprosecuted” criminal conviction in the UK that an applicant may have and that must be declared. Those who work in positions where there is access to sensitive information or who have access to a PSN network may need to perform basic verification. The legislation prescribes eligibility for standard DBS controls, enhanced and enhanced with prohibition lists.

An improved DBS check can also include relevant (approved) information that the police have on record, even if it hasn't resulted in a warning or conviction (for example, if complaints have been filed and reported to the police). DBS checks don't technically expire, however, they're generally expected to be updated approximately every 18 months to remain valid. Another reason may be the possibility of industry regulators specifying that all new entrepreneurs within a company require a DBS check to be performed, regardless of any previous work. An enhanced certificate with forbidden lists will contain the same information as an enhanced DBS certificate, but it will also include the verification of one or both of the prohibited lists. An enhanced DBS check with verification of prohibited lists (either for children or adults or for children and adults) searches for criminal records and other sources, including the PNC.

The update service is an online subscription, for standard DBS checks, enhanced and improved with bar lists, that allows applicants to keep their DBS certificates up to date and allows employers to view the applicant's certificate. Verification can reveal convictions, warnings, admonitions, and warnings and includes a verification of whether the person is prohibited from working with children, adults, or both (depending on the appropriate workforce). Each request is different and the completion time may vary, and some checks may take longer, especially if they are at an advanced level and are referred to the police for verification of data not related to the conviction. If your request includes a request to check the prohibited list(s), DBS has a legal obligation to consider any information that suggests that you may pose a risk of harm. Features that require standard or improved DBS controls are exempt from the Offender Rehabilitation Act of 1974, meaning that all criminal information about an applicant is provided, even if it would otherwise be “spent”. We've also published a fact sheet that discusses stage 4 in more detail and explores the role the police play in the DBS verification process. Enhanced DBS verification is suitable for people who work with children or adults under certain circumstances, such as people receiving medical care or personal care.

An employer or licensing authority can also appeal a DBS check if they have spoken to the applicant first. The Disclosure and Prohibition Service (DBS) helps employers make safer hiring decisions every year by processing and issuing DBS checks for England, Wales, the Channel Islands and the Isle of Man. The certificate will contain the same details as a standard certificate and, if the position is eligible, the employer may request that one or both of the DBS prohibited lists be checked.

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