Understanding DBS Checks - A Closer Look at Common Questions and Misconceptions

In today's world, the importance of safeguarding cannot be overstated, especially when it comes to working with vulnerable groups. One of the key tools in ensuring safe recruitment, is the Disclosure and Barring Service (DBS) check. 

However, there tends to be a lot of confusion on the rules and regulations surrounding DBS Checks.  

Below, we have listed some common statements heard by our advisors and explain whether or not they are true or false. By the end of the article, you should find yourself with a much better understanding of DBS Check rules.  

“I should always apply for the highest level of DBS Check when I am recruiting for a role.”

FALSE 

There are three levels of DBS Check available to UK employers, Basic, Standard and Enhanced. Each level of check reveals a different amount of an individual's criminal record history.  

The Standard and Enhanced DBS Checks are reserved for employers recruiting for roles in ‘regulated activity’. As a general rule, regulated activity refers to jobs where people are working with children or vulnerable adults. The nature of these roles means the employer needs as much information as possible to make a safe recruitment decision.  

However, most employers don’t need all the information on the Standard and Enhanced DBS to make an appropriate recruitment decision. It is actually an offence to carry out a DBS Check of a higher level than is appropriate for the role you're recruiting for.  

The strict rules around these checks are known as ‘eligibility criteria’ and exist to prevent discrimination against ex-offenders who are trying to gain legitimate employment. For most job roles, a Basic DBS Check is more than enough to inform a recruitment decision.  

“The job I’m recruiting for does not work with children or vulnerable adults, so I cannot apply for a DBS Check”

FALSE 

Any employer or individual can apply for a Basic DBS Check, regardless of the job role, as there are no eligibility criteria involved. There are even certain roles where a Standard or Enhanced DBS Check could be needed despite not involving work with children or vulnerable adults. 

For example, having access to judiciary data or being involved in a project relating to national security. Both situations would warrant a DBS Check, even though no children or vulnerable adults are involved.  

“A DBS Certificate came back without any information on it – this means that the DBS has said it is okay to employ them?”

FALSE 

The DBS do not provide employers with ‘permission’ to employ an individual. They provide a DBS certificate that helps employers to make informed and safe recruitment decisions. But a DBS Certificate should not be used in isolation.  

Reference gathering, qualification checks and other due diligence checks should be carried out to determine whether you should employ an individual. This decision is down to you and not the DBS. All a DBS Certificate will tell you is whether or not someone has a criminal record or they are barred from working with certain groups.  

“DBS will tell me if an employee has any new convictions after the DBS Certificate has been issued”

FALSE 

The DBS will never contact you to inform you that one of your employees has new conviction information on their record. As the DBS process millions of checks each year and around a third of the working-age population has a criminal record, this would be logistically impractical and likely very expensive.  

However, the DBS Update Service does offer a solution. If you ask your staff to register for the DBS Update Service, you can look their certificate information up online and view whether or not that individual's certificate has changed. 

The DBS Update Service will not tell you what information has been added, just that it has. To ascertain what the information is, you would need to discuss this with your employee or subject them to another DBS Check.  

“An individual could have police information on their certificate, even if they’ve never had a conviction for an offence.”

TRUE 

Cautions, warnings and reprimands can all appear on a DBS Check, depending on the level of DBS and the recency of the offence.  

For Enhanced DBS Check, the police force will also include any information they know which could be relevant to the role the individual has applied for.  

“My new employer can’t accept my current DBS Certificate because it has my previous employer’s name on it”

FALSE 

Despite many employers refusing a DBS Certificate that has been issued in another organisations name, there are no actual rules against it. A DBS Certificate is valid regardless of the employer's name written on the document. 

However, employers are well within their rights to refuse an existing DBS Certificate.  

The information on the certificate is correct at the point of issue. If you move employers a few months after receiving your DBS, as far as the new employer is concerned, they cannot rule out a relevant offence could have been committed in the time that has elapsed. They will want to carry out a new DBS Check as due diligence. 

“A DBS Check is not a legal requirement”

TRUE 

This one always surprises people. Technically a DBS Check is not a legal requirement in any circumstance. But that doesn’t mean you aren’t obligated to complete one. Various pieces of legislation and industry regulations make DBS Checks an integral part of recruitment for many employers.  

For example, schools are legally required to ensure the safety of the pupils under their care. Ofsted mandates that DBS Checks should be used by school leaders to ensure the staff they are recruiting are suitable. In this situation, even though the DBS checks aren’t technically a legal requirement, failure to complete them would potentially lead to regulatory and legal enforcement action.  

“DBS Certificates do not have an expiry date”

TRUE 

DBS Checks do not have an expiry date. It could be argued that a DBS Certificate is outdated as soon as it is issued. This is because the information provided is only accurate at the point of issue.  

To ensure you always have up-to-date information on your employees, it is recommended that you ask them to sign up for the DBS Update Service. Alternatively, you can just complete additional DBS Checks on a regular basis. Best practice varies by industry, but new checks are usually completed between every 1-3 years.   

Understanding the ins and outs of DBS Checks is crucial for making safe recruitment decisions. By dispelling these common misconceptions, we hope you now have a clearer understanding of DBS checks. 

If you have any questions or need further clarification on anything to do with DBS Check, don't hesitate to contact us. Our team of experts is here to assist you in navigating the complex world of DBS Checks and ensuring a secure work environment for all.