Criminal record checks: who pays? Insights from UNISONs Report

Thanks to a recent report from UNISON, the responsibility for DBS Check payments has come under scrutiny in the healthcare sector. The report, entitled ‘Criminal record checks: who pays?’ looks at the inconsistent approach to funding DBS Checks in the sector, and who is impacted. 

Who pays for DBS Checks? 

This is one of the most common questions we are asked as a DBS Umbrella Body. There is no specific legislation to help answer this question, which is why it causes so much confusion.  

Healthcare employers generally employ people in ‘regulated activity’ which means they must carry out either Standard or Enhanced DBS Checks on their staff. This is a regulatory requirement to ensure that inappropriate or dangerous individuals are not working directly with vulnerable groups. 

However, there is no requirement for employers to pay for these checks, so it is a cost that is often passed onto job applicants. According to UNISON’s research, 42% of frontline staff were required to pay for their last DBS Check. This equates to around 2.5 million frontline healthcare workers.  

This is unfortunately common practice in the public and third sectors. With widespread cuts to budgets across the board, many organisations attempt to cut costs by passing on this expense to their employees. This practice is perfectly legal, despite being ethically ambiguous. 

Who is most affected by this practice? 

The nature of Standard and Enhanced DBS Checks means that they are primarily used by frontline staff, carrying out some kind of care.  These roles tend to be lower paid than others in the sector, such as managerial or administrative roles. Not only are these roles lower paid, but they are also generally lower than the national average wage. The UK average wage cited in the report is £34,964. 75% of those surveyed by UNISON, who require DBS Checks, earn below £30,000 a year.  

The report also reflected a gender disparity. 74% of the job roles identified as needing a DBS Check were performed by women. This practice also has a disproportionate effect on disabled individuals, who are overrepresented in low-paid work.  

Are there solutions? 

The UNISON report suggests clear solutions to remedy this problem: 

• Westminster and devolved governments should waive the fee for all applicants providing “regulated activities” in public services. This happened in the pandemic to ensure public services could quickly hire the staff they needed and should be reintroduced.  

• New legislation is required so employers cannot pass essential costs of working onto their staff.  

• Checks should be easily portable to stop applicants from having to apply for new certificates when they move jobs. This would also to ensure employers have the most up-to-date information available to them and help keep the communities they serve safe. 

Unison’s assistant general secretary, Jon Richards, said:   

“Criminal record checks are vital and bosses have a legal duty to carry them out.  
“The law should be changed to stop rogue employers from docking money for work essentials such as these checks.  
“Such a seemingly small change would make a huge difference to the tens of thousands of staff who currently have to pay for their own checks.  
“People are being put off applying for jobs and even going for promotion because of the cost, which is no good for them or their employers.” 

There is definitely some merit to these points, particularly regarding legislating so that employers are responsible for the payment. However, the other points need some further consideration.  

Whilst the government waived the fee for key healthcare workers during the pandemic, this isn’t cost-effective in the long term. The Disclosure and Barring Service keep its costs as low as possible to ensure a service that works. They have reduced their prices twice over the past 5 years to ensure any savings are passed on to applicants.  

The portability of checks is also achievable. The DBS Update Service is a subscription service that allows people to keep their DBS Certificate information updated. At a cost of £13pa, this service means that DBS Certificate holders don’t necessarily need to complete a new check if they are applying for the same role at a new employer.  

Despite its usefulness, there is a lack of awareness around the DBS Update Service. Some NHS Trusts have embraced this service but there are still many out there who are unfamiliar with it. However, any employer is also entitled to refuse a DBS Certificate that is on the Update Service, in favour of a new DBS Check.  

The UNISON report has shone a light on the financial difficulty many frontline healthcare workers face, just to be able to work. Considering the recruitment and retention difficulties faced by NHS Trusts and private businesses in the healthcare sector, a resolution to this issue could go a long way to improving things. It’s clear that legislative changes are required to ensure the healthcare sector isn’t creating unnecessary obstacles to smooth and safe recruitment.