Jasmine Birtles
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How do you know if you need a DBS check?
MoneyMagpie team
2nd Aug 2019
Here at MoneyMagpie, we like to keep in contact with our readers. One of the most frequently asked questions we receive is from people wondering: “Do I need a DBS check?”
It’s a good question as it’s not always clear who needs one and who doesn’t, particularly when it comes to volunteering, so we’ve put together this handy guide for job hunters and potential employees.
Here is how you can find out if you need a DBS check.
What is a DBS check?
Criminal record checks have been around for some time helping employers to find suitable people to work with children and vulnerable groups. However, this process has become increasingly complicated and lengthy so the government has replaced the Criminal Records Bureau (CRB) check with the one from the Disclosure and Barring Service (DBS).
The Disclosure and Barring Service (DBS) was established under the Protection of Freedoms Act 2012 and carries out the functions previously undertaken by the Criminal Records Bureau (CRB) for England and Wales and the Independent Safeguarding Authority (ISA) for England, Wales and Northern Ireland.
The primary role of the DBS is to help employers in England and Wales make recruitment decisions by issuing criminal records checks and to prevent people from working with vulnerable groups who may not be safe to do so.
Amongst these vulnerable groups are children, babies, the elderly, people with learning disabilities of any age or people with other mental health difficulties.
The main function of the DBS check is to provide an answer to the employer or organisation with whom you’re volunteering to the following question: “Do you have any criminal convictions, cautions, reprimands or final warnings?”
Usually, you only really need a DBS check if you’re planning on working with vulnerable people and children, however other jobs might also demand it and this is becoming more and more common.
A DBS check will determine whether or not an individual is on one of two barred lists in England, Wales and Northern Ireland: one bars people from working with children and the other with vulnerable adults.
When a check has been processed by the DBS the individual will receive a DBS certificate illustrating whether they are cleared to work with particular groups.
Under the Rehabilitation of Offenders Act of 1974, criminals who have served a prison sentence of less than two and a half years and do not re-offend during a set ‘rehabilitation’ period after their release may have their conviction spent, which means it doesn’t show up any more and is no longer relevant when the person is being considered for most jobs. It’s quite complex so you can read more about the DBS filtering system here.
If you have unspent convictions – meaning you are still serving your probationary ‘rehabilitation’ period following sentencing – this can cause issues. However, if this is the case, it’s up to the employer whether this is or isn’t a problem. With work being seen as an essential part of prisoner rehabilitation, this is becoming far less of a barrier in current times. For example, Manchester’s ‘The Clink’ restaurant exclusively hires prisoners from HMP Styal as staff to rehabilitate them.
Do i need a DBS check?
Generally speaking, if you plan on working with or around children or vulnerable people you will need a DBS check. Employers may wish to look at the DBS eligibility guidance list which runs down most roles that are eligible for a check. However, the guidance isn’t comprehensive, and you should contact the DBS directly if you’re unsure.
If you’re the person being checked, your potentially new employer will give you a form to fill in and return to them along with documents proving your identity such as a passport, current driving licence and proof of address. You can find more information on what documents are accepted here.
How do DBS checks work?
Your employers will apply to have a check done on your behalf but then the certificate will be sent to you, not your employer. These checks can take up to 8 weeks to complete from filling out the form, so if you’re working in a care role it’s important to bear this in mind. You won’t be able to start working till the check is completed.
Depending on the level of the check, the cost varies with a standard check costing £26 and an enhanced check costing £44. Some employers will ask you to pay these fees. However the norm is for employers to pay these costs.
However, if you’re applying for a DBS for a voluntary role, there are no associated fees regardless of the level of check needed.
Employers will only arrange a DBS check on a successful job applicant. If the applicant is found to be unsuitable, the job offer can be withdrawn so save yourself the time and stress and be honest on your applications!
These are the basic steps for an employer who wants to perform a DBS check:
- Get the application form from DBS or your umbrella body.
- Ask the candidate to fill in the application form (N.B. make sure you have everything exact in this form because if you get any of your former addresses wrong it will be sent back you will have to go through the whole thing again – it’s very annoying!)
- Send the application form to your umbrella body or DBS.
- If your organisation is registered with DBS the counter signatory has to sign the form. DBS will send you a certificate.
What is the Disclosure and Barring Service?
So now you have a better idea of what a DBS check means to you but you’re still thinking you want more detail. Well never fear, Money Magpie’s here to oblige.
We’ve covered some of the following in what the DBS means to you but here’s a quick breakdown of the kind of work the DBS does.
Disclosure
Once the DBS is complete the applicant will give this certificate to their employer so that they can make an informed decision about hiring you.
You can find out here what kind of information the DBS searches through.
The certificate will contain sensitive and personal information so there is a code of practice for recipients. This ensures that this information remains confidential and you know the information is being handled fairly and used properly.
Referrals
Referrals are made to DBS when an employer or organisation believes a person has caused harm or poses a future risk of harm to vulnerable groups, including children.
Barring
An employer or volunteer manager is breaking the law if they knowingly employ someone in a regulated activity with a group from which they are barred from working.
The DBS do try and make the baring decisions as fair as they can be, looking into each individual case.
There are two main ways a case can reach them.
Autobars
There are two types of automatic barring cases where a person has been cautioned or convicted for a relevant offence:
- Automatic barring offences (without the right to make representations) will result in the person being included in one or both barred lists by DBS, irrespective of whether they have, are, or may in the future engage in regulated activity
- Automatic barring offences (with the right to make representations) may also result in the person being placed on one or both barred lists. This will be subject to whether DBS believes that the person has engaged, is engaging or may in future engage in regulated activity, and the consideration of any representations they make
Referrals
As mentioned above, this is put forward by an employer or organisation rather than the individual.
A registered body is an organisation that has the right to ask the questions that are exempt under the Exceptions Order to the Rehabilitation of Offenders Act or can countersign on the behalf of another organisation which is itself entitled to ask these questions.
Basically they’re in charge of making sure that your application is kosher and will countersign it once they’ve processed it to say that all your information is genuine.
Before they do this they will:
- Check and validate the information you give them
- Make sure you are who you say you are
- Check that your application form is correctly filled in and that you haven’t told any porkies
Make sure that the application process complies with the DBS’s code of practice.
You can find out more about how to make a referral to the DBS in this booklet.
What’s the difference between the CRB and the DBS?
The DBS replaced the CRB in December 2012 to make the process more efficient and simpler.
The DBS has a new system which, for the first time, enables individuals to apply to have their criminal record check kept up to date, and employers are able to go online to see if the information released is still current and valid.
The new online service costs £13 a year to keep your criminal record up to date. This means you can take the certificate with you from role to role, within the same workforce, without having to apply for a new one each time. We highly recommend this to people who are working on short-term contracts.
When subscribing to this service, you would only have to seek a new criminal record check if the system tells you something has changed.
How do I get a DBS check?
You can’t do a criminal records check on yourself. For individuals who are self-employed, getting a DBS check is difficult but not impossible.
You can find a local DBS umbrella body on the Gov.uk site here. For a fee, one of these agencies will do it for you.
In Scotland, if you need to run a check on yourself, you can get a ‘basic disclosure’ with details of any unspent convictions from Disclosure Scotland.
You can also get checked through an organisation you belong to, like your church or a sports club, whereby they act as your third party.
If you cannot get your hands on the DBS check, a good alternative is a Subject Access Report which you can obtain by filling out a form online or going down to your local police station. The report costs £10 and shows anything that is on your record. It should take around four weeks to process. However, be aware that this is not always good enough.
For example, many psychologists are technically self-employed but work with children under contract with NHS/Social Services. For them, a basic check is ineffective as a safeguarding measure so they need to have had an full enhanced check to do the work they do.
How much do DBS checks costs?
As mentioned earlier, here are three types of check each with a different price.
| Type of check and cost | What it will check for | How long it normally takes |
| Standard – £26 | Spent and unspent convictions, cautions, reprimands, final warnings | About two weeks |
| Enhanced – £44 | As above – plus any additional information held locally by police forces that’s reasonably considered relevant to the post applied for | About four weeks |
| Enhanced with list checks – £44 | As above – plus a check of the appropriate DBS barred lists | About four weeks |
For volunteers it’s free of charge.
However, on top of these charges you will pay administration fees to the agency which will vary according to the different registered bodies, but are usually in the region of £20 plus VAT.
N.B. DBS checks are only valid in England, Wales and Northern Ireland.
For Scotland you must get your check done by Disclosure Scotland. All checks carried out cost £25.
Is there anything i can do with regards to my caution?
I am very confused why its a issue now six years later suppose to when it first happenend?
Ive never been in trouble since or before,
i was also led to believe that after a certain amount of time it wasnt allowed to be used against you?
Ive been honest in all my job applications and explained how i came around to recieving it, but it seems “the local authorities” are branding me the candy man regardless
Its soul destroying i wont lie
Any advice would be greatful
Hi Emmer, It may be possible to persuade the Police to remove a Caution. The first is if there is a proven procedural defect, eg, a Caution given to an infant without a solicitor or parent being present, and the second, in what they deem “exceptional circumstances”. I have succeeded in a similar “domestic dispute” but it depends upon the detail of every case and how a particular Police Force reacts to it. As a Solicitor dealing with these matters I do give a free initial telephone advice if you wish on 0161 862 9103
David Wacks
My friend is working with children, her employer started her without a CRB check, Will she be in trouble or is it the responsibility of the employer to carry out a CRB. What is the consequence for her and the employer
Hi I am really worried, to the point I am not sleeping! I have been working as a Training Assessor, delivering work placed qualifications and have recently recived a caution from Trading Standards, for breaking the Tradesmarks act by selling wrongly online, I havent been fined anything just given the caution. Does anyone know if this type of caution will show up on an enhanced disclosure and if it does could this be held against me in any future employment? I am currently applying for new work as I am relocating anrea, and am worried about declaring it and not… Read more »
Yes all cautions or warnings will show on an enhanced CRB I myself recieved a caution in 2006 for hitting back after taking years of abuse from my ex partner as i then threw him out of our house he called the police,i was then cautioned with common assault, at the time i was a emi care nurse i explained what had happenend they were fine, Unfortunatly years later after my caution has become “spent” I am now being turned down for jobs as i have a caution from years ago. Be honest make it known its there and explain… Read more »
Please help. I really want to help out with reading and outings at my five year old son’s school but I need to be CRB checked. A year and a half ago I was cautioned for harassment (I sent one to many text messages to a woman who nearly split up my marriage). Would this ruin any chances of me helping out at the school?
Hi Corrine, This Caution will come up on both Standard and Enhanced CRB Disclosures. It will be up to the school then to consider whether they want you. If you approach them confidentially beforehand and tell them everything, they may be able to indicate to you how they would deal with this. It is possible in exceptional circumstances to get a Caution removed, but it is difficult.
Regards
David Wacks
Many thanks, spoke to head teacher and told him the details, all is ok thank goodness! Thanks for the advice.
Hi – my partner is about to start a business doing paint-a-pot as well as many other crafty things mostly with children.
Will she need a CRB check – I’d have though the parents would be with the children anyway – it’s not a problem she has no arrests or anything but it seems hard to get one if your self employed?
Just trying to work out if it’s something else we need to worry about or not!
Thanks.
Hi, You do not need a CRB if self employed, but please see the notes in the above article on self employed people. To satisfy your customers it would help to have references, and, I advise all self employed people to obtain public liability insurance in case there is an accident or for instance a child had an extreme reaction to any materials used by you.
Good Luck.
David Wacks
Hi
I got a caution in 2001 for GBH, I wrote a letter in 2008 to the local police to ask for a step down and it was stepped down will it show up on a CRB check in 2012?
I am a Solicitor dealing with a lot of CRB enquiries. Even a stepped down Caution will show on an Enhanced Disclosure check. The police have a discretion in “exceptional circumstances” to remove a Caution completely from their records.
I am available for a free initial call on 0161 862 9103.
Regards,
David
Hi Dave, When I was 14 (turning 18 in a few weeks) I was reprimanded for ABH (my first and only offence) after a school boy fight. I was walking home and was punched on the shoulder by a former friend. The punch was hard enough that it made me want to kneel on the ground in agony. I retaliated by punching him and a fight ensued. I ended up landing more punches as I blocked most of his. I was not arrested/asked to go to court/convicted and was only sent a letter asking me to be interviewed by a… Read more »
Dear Michael ,
Sorry for the delay as I was moving office.
I have managed to remove a reprimand in similar circumstances and you do seem to have prospects
If you wish to call me on 0161 278 2626 I would be happy to give you some free and confidential advice
David Wacks
Dear Matt,
Just to update you . I now have a new contact number dealing specifically with CRB Problems and if you want a free confidential assessment of what could be done please call me on 0161 278 2626
Hi, I’m aware that the majority of these questions are all asking the same thing but with different circumstances, but unfortunately I am going to do the same thing! I received a caution in 2001 for theft. I was 13 at the time, and although they couldn’t prove that it was me (because it wasn’t) they still cautioned me- maybe to teach me a lesson or something, either way they took my fingerprints and mug shots etc. Will this now be classed as a spent conviction? I don’t really understand the terminology. They told me at the time that it… Read more »
Hello, I received a conviction for criminal damage over 5 years ago (now spent). Thankfully, my employer kept me on despite knowing all the details and conducting their own investigation. I am happy in my job but would like to know where I stand so I know what I should be telling any prospective employer in the future. I am left confused by this article as it states there are two types of disclosure, whereas criminalrecordchecks.co.uk states three. According to that site only a basic check would NOT disclose my spent conviction. However, a standard or enhanced one would. It… Read more »
Hello Thomas, On a Basic CRB a spent conviction should not come up but is likely to on an Enhanced CRB check.
The Law may however change in detail later this year.
David Wacks
im going to court as my ex wants access to my son after i stopped him seeing him when my son returned from his care with a injury and my ex lied about it caffcass has done a first report and on it they mention i have a caution against another person that may be relavent thats all they put the judge has seen this i was wondering if they can put this as it was 13yrs ago and it was a caution for assault against a girl of the same age (i was 15 yrs old) and she was… Read more »
Hi, I am just about to start a new job with children and have to first complete a declaration form for my employers and then obtain an enhanced disclosure. My big worry is that about 16 years ago I was charged with breach of the peace and criminal damage, when the case came to court, my lawyer entered a plea bargain which got the charges dropped in return for me paying for the damage. Do I need to declare this to my employers? Will this show up on my enhanced disclosure? If I should declare this, how do I word… Read more »
Hi Anya,
The original charge should not appear on a Standard CRB but the police do have a discretion to put it on your Enhanced Disclosure. If asked about criminal convictions, you can genuinely say no. But, if they ask a more general question you may need legal advice as to how to answer it.
I am a Solicitor dealing with this type of work and if you wish to call me that first call is completely free of charge.
David Wacks
0161 862 9103
Thank you for this. I think I need to include this on the non-conviction information section and hope that it doesn’t count against me!