Types of DBS Check Dispute
If you don’t agree with an aspect of your DBS check, in certain circumstances you can raise a dispute. Disputes are there to enable applicants to get a resolution for any errors that might occur during the DBS checking process.
Below we’ve covered the two main types of dispute, how they’re investigated and how you can raise these with the relevant authorities.
Profile dispute
A profile dispute is where personal information on the DBS certificate appears to be incorrect including:
names
date of birth
gender
place of birth
address details
employer’s details
registered body/counter signatory details
Disclosure dispute
A disclosure dispute is where any of the following has arisen:
conviction details not relating to the applicant have been disclosed on the certificate
conviction details relating to the applicant have been disclosed but some elements of the conviction details are incorrect
information approved by the police for disclosure is considered to be inaccurate or irrelevant (please also see independent monitor review section below)
To help disassociate an applicant from a record for some disclosure disputes we must ask the applicant to provide their consent to have their fingerprints taken by their local police force to help disassociate them from the criminal record.
Investigating disputes
The DBS will fully investigate the dispute, and if necessary arrange for the external organisation that owns the disputed information to investigate the matter urgently.
If after investigation the dispute is upheld we will arrange for a replacement certificate to be issued.
Independent monitor review
The Independent Monitor (IM) was established in September 2012. The IM provides applicants with the right of appeal against the inclusion of approved information on a DBS enhanced disclosure certificate.
When a request for an enhanced certificate is made, an individual’s details are referred to any police force that may hold information about the individual. This allows them to check their records for any information which they believe to be relevant to the workforce
The independent monitor will look at the content of the additional information section of the enhanced certificate. Any dispute about the inclusion of caution or conviction data on other parts of the certificate would need to be referred to the police force in question. If the disclosure has errors or inaccuracies these are dealt with by the disputes team at the DBS.
The independent monitor can only give consideration to a referral where the applicant believes that the information is either:
Not relevant to the job or position applied for, or
Should not to be included in the certificate
If you wish to make a referral to the independent monitor, please write to:
Customer services (disputes)
Disclosure and Barring Service
1st Floor West
P.O. Box 165
Liverpool
L69 3JD
Tel: 03000 200 190
The DBS will refer your application to the relevant police service on behalf of the independent monitor to give the chief officer the opportunity to consider your dispute first.
If you are not satisfied with the police dispute response, your case will be referred to the independent monitor.
For more information about anything in this article, or, how our background screening solutions can help you, get in touch! You can give us a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk