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.
Hi, I have a charge of assault section 24 convicted by courts oct 2010 how and can I get it removed as serving TA Soldier? I am also finding it is not helping with applying for jobs and getting plenty of refusals?
Please can you contact me to discuss options
do you mean section 24 offences against the Person act – administering a noxious substance with intent – if so, this is on the list of offences not to be filtered off and will remain on your records– if under other Act please let me know
Hi, in 98, as a student, I was stupid and supplied cannabis to my friends. I got caught. I was convicted, and received 200 hrs community service, and had to pay £300 costs. At the same time I was convicted for driving without insurance, but got a total discharge (driving a friends car while he was drunk, and told me I was insured). I’ve not been in trouble since, and never declared either to anyone. Now thinking of applying for a job that will do a Standard CRB check. Will they come up?
Thanks
dear Tim, the law was changed in me, so that one single conviction could be removed from even enhanced disclosure after 11 years – but,it will not be filtered off here because it was supply – not possession, and only one conviction can be removed and if more than one – technically even a motoring matter would mean both remain on – I think this will come up, and as the law stands, there is little that can be done – although the law was changed. There are ongoing reviews. So please check from time to time and meanwhile try… Read more »
i am a college student, in the university application process. i have been given CRB forms to fill in and i have to pay £44 aswell. dont students get it done for free?!
Dear Maiaika ,
If you are working as a volunteer there is no fee .
David Wacks
as far as I’m aware students gets free – it would be different if you were volunteering
Thank you kindly for your prompt response.
I am currently applying for SIA (Security Industry Association) Badge which includes a CRB check. On this check it shows my conviction. The document is titled as ‘Standard Disclosure’ which costs about £10 more than the basic CRB, so would be surprised if any employer didn’t pay the extra.
I guess I just have to life with it.
Thanks anyhow.
I have just received my CRB check and it shows a conviction on it that I got back in 1998. The conviction was for Common Assault.
Will this always show on a CRB check for me? Is it possible to get it removed? I thought once a conviction was spent it no longer showed on your record. It annoys me because I was the actual person attacked and in defending myself I bruised the attacker arms holding them. I was advised very poorly at the time and just wish it still didn’t haunt me today.
hello, i am a student…i just started my college and i am doing health and social care level 3. my college asked me to do crb check, and the unluckiest thing is that last april i was on my way to london euston from nuneaton train station. as the ticket counter was close..i thought i would buy my ticket with the person who comes to check the ticket..but nobody turned up to check the ticket and i didnt get chance to buy 1. and my cousin decided to lie the ticket person about the place we travelled from… but then… Read more »
Dear Oscar , You can apply to remove these but I think it unlikely on what you say .. If you call I can advise how to apply yourself .. Meanwhile please discus it with Careers and do say voluntary work to strengthen your CV .
David 0161 278 2626
Hi, I have been teaching children abroad for almost 7 years and wish to teach here in the UK. Unfortunately, I have a bit of a dark past. I was convicted of two crimes in the same year 13 years ago. The first was drink driving, the second was theft. I’m particularly ashamed of the last one and very few people know about it. Anyway, I have been clean ever since and had put it well behind me, until now! I will need to get a CRB check and I am afraid it will restrict me from doing the job… Read more »
Hi ,You cannot apply yourself . They will come up on a CRB but there are a few exceptions which may enable you to remove them and to see if you qualify please call
Regards
David 0161 278 2626
Dear Livvy ,
It is possible it could show but if it does you seem to have good prospects of removing it , especially under the new appeals procedures .
If it comes up please call me on 01612782626 and I will give you some pointers on how best to proceed
Best Wishes
David Wacks
Dear Livvy ,
It is possible that this could show , but if it does you seem to have good prospects of getting it removed , especially following the new appeals procedure which came into force last month .
If it does show you can call me for some pointers on how best to proceed
David Wacks 01612782626
Many thanks to David Wacks for all his help with CRB checks. If you have any questions, do post them here for the Moneymagpie community to help with.