Balancing Trust and Security - The Debate on Mandatory DBS Checks for UK Councillors

An issue that has been raised repeatedly in recent years is whether UK councillors should be subject to mandatory DBS Checks. 

DBS Checks are a cornerstone of safeguarding in public services. They help to ensure the integrity of those entrusted to care for the vulnerable. With councillors exercising considerable influence over local policies and resources, it's easy to see why background checks are a good thing. 

But are they really necessary? And are people advocating for DBS Checks for the right reasons? 

Sandwell Council 

Sandwell Metropolitan Borough Council are the latest local authority to introduce a requirement for all councillors to have a Basic DBS Check. 

The proposals for this change were first brought to committee back in 2021. Although initially rejected, controversial events involving council members over the past 2 years have likely inspired the reversal of the decision. 

Sandwell Council House | Image Credit: BBC

The approved motion means that all local councillors will be required to undergo a Basic DBS Check. It also calls for the leader of Sandwell council to write to the minister for safeguarding asking them to consider the role of councillor to be automatically eligible for Enhanced DBS Checks.  

Enhanced DBS Checks for councillors

Councillors in certain roles are already subject to Enhanced DBS Checks. This is the highest level of criminal record check available to organisations in the UK. They reveal: 

• Spent or unspent convictions 

• Cautions 

• Warnings 

• Reprimands 

• An optional search of the Child’s or Adult’s Barred List. 

• Any police notes considered relevant to the role being applied for. 

Due to the amount of information they disclose, Enhanced DBS Checks are reserved for roles involving regulated activity. As a general rule, this refers to activity that involves working with children or vulnerable adults.  

To establish whether an individual is eligible for an Enhanced DBS Check, certain criteria need to be met. The eligibility criteria exist in part to prevent criminal record checks from being carried out disproportionately. This helps prevent discrimination against ex-offenders.  

Under current DBS rules, most councillors are not eligible for the Enhanced DBS.

Are Enhanced DBS Checks warranted?

One of the justifications for introducing mandatory DBS Checks is that they give the public peace of mind.  People need to be confident in their elected representatives.  

Many councillors across the UK opt to carry out Basic DBS Checks for this reason, regardless of whether they’re required by their local authority. 

However, rules do exist which prevent recent offenders from standing for local elections. Under the Local Government Act 1972 any person convicted of a crime who receives a prison sentence (or a suspended sentence) of three months or more in the five years before election day is unable to stand in the election. 

On top of this, any person who has been disqualified under the Representation of the People Act 1983 or under the Audit Commission Act 1998 is ineligible to stand. These acts cover corrupt or illegal electoral practices and offences relating to donations. 

So, with these rules in place, are Enhanced DBS Checks really warranted? 

Many advocates for the introduction of enhanced checks for councillors believe they can help prevent wrongdoing. 

Back in 2021, when the DBS Checks were first suggested at Sandwell, the proposal stated they would ‘help mitigate the risk of criminal behaviour happening’. Discussing the recent passing of mandatory Basic DBS Checks at the council, one Labour councillor went as far as to say they would solve ‘95% of the problems’.  

Both of these statements highlight a fundamental misunderstanding of how DBS Checks work.  

DBS Checks cannot and do not mitigate the risk of criminal behaviour happening. A DBS Check is merely a snapshot of an individual's criminal record history at a specific point in time.  

It does not offer any guarantee about an individual's future conduct or intentions. Relying solely on DBS Checks as a means to prevent wrongdoing could potentially create a false sense of security, as it does not take into account other factors that may influence a person's behaviour. 

As a DBS Umbrella Body, we’re the first to advocate for the use of background checks. As long as they are appropriate. Existing legislation, combined with the voluntary use of Basic DBS Checks, may already provide adequate safeguards to ensure that only suitable individuals hold public office.