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 am applying for Camp America and as part of which will receive an Enhanced CRB check. I got a reprimand when I was 15 for a minor shoplifting offence (I took something worth £3.50, stupid I know) and was told by the police officers at the time that this would be wiped from my record when I turned 18 and I am now 19, nearly 20. I am worried as I have read others testimonials that this will still show up on my CRB and I may be denied a J-1 Visa to America and will not be… Read more »
Hi Natasha
I would suggest speaking directly to The CRB Office – .crb.homeoffice.gov. – and they should be able to help!
I am the Director of a CRB Umbrella body, Completely CRB. We are a company that carries out CRB checks on behalf of organisations. Most companies do not charge thier employees for CRB checks. Quite often agencies do as thier workers usually work on contracts for services, which is similar to being self employed. Both parties are sent a copy of the CRB (the applicant and the employer). Umbrella Bodies CAN carry out CRB checks for an individual as long as they are running thier own business and have a genuine reason to require a check according to CRB guidelines.… Read more »
Dan You are breaking the CRB code of practice if you carry out CRB checks on self-employed individuals. The must ALWAYS be an ’employer ‘ or ‘association’ who you report back to with the result of the disclosure. This is because, very occassionally, the CRB will have ‘additional’ information about an applicant that does not appear on their copy of the disclosure. This comes to you (as the Umbrella Body) in a separate letter & you must pass it on to the employer. You cannot share this information with the applicant (by law). If you did a disclosure for a… Read more »
I have worked at a particular place for nearly 8 years now, for all previous CRB checks done the company has paid for them, last year we were taken over by a different company, I had to do another CRB check this year but the current company are making all emplyee’s pay for this! The only feedback is that employee’s have to pay for it as it is for them personally although you have to have one to work there and they do not accept any CRB’s done by other companies or one’s done while self employed etc. Does anyone… Read more »
The CRB has had my form for five weeks and for four weeks and three days of this it has been waiting for the final check from the police search. Is there a time limit on this and if no why not? People are being held up and cannot start new jobs without this check having been completed.
Hi if I want to do any teaching assistant roles paid or volunteering they all say I need a CRB check within the last 12 months. But I cannot apply myself for one so therefore cannot apply for any roles. Is there a way of getting around this. Could I pay an umbrella body to do the check and then they hold all the details so any possible employers can see my CRB because it has already been done.
Hello Lauren
I have asked an HR friend about this and this is what she says: “he organisation they are doing it for should seek the check. They’ll either be registered to do it themselves or have an agreement with an umbrella organisation. Checks for volunteers are free of charge.”
Last year after returning from a celebratory dinner I received a Fixed Penalty Notice for being drunkenly sick on a railway platform in a town that has zero tolerance. It was a silly mistake as I hardly go out or drink heavily, the policewoman was very apologetic, but she had to issue the notice. I paid the £80 fine immediately and she said it would not show up on any records, I was devastated as I have worked in the legal profession for 13 years and have never been in trouble before. However, in January I obtained a Subject Access… Read more »
That sounds rotten Kate. This is what my HR friend says: “CRB disclosures do show up spent convictions. That’s why there are very strict rules around the sort of jobs you can get them for and who can see them etc. The point is that most organisations only take account of relevant convictions in terms of making the appointment decision. This is why only persons registered with the CRB should see the disclosure cert and why, at my company, for example, we have to shred them promptly and can only record a pass or fail – not the details of… Read more »
Hi, As I understood the rules regarding CRB checks, you are not allowed to make any reference to the outcome of the check. A pass or fail would therefore not be acceptable. The only information you should retain is the Cert. Number and the name of the candidate. You can retain the Cert. for as long as is reasonable for any disagreements to be rectified, this is usually around 90 days. The Cert must also be kept in a separate lockable container which cannot be removed from the premises. It cannot be held in the same personnel file as the… Read more »
i need help !!!!!!!!!! well advice i sent off for a c.r.b in june its been with the local police since 1st july and is still showing it is at stage 4, i could have started my new job supervised but my pova first check has sent back option 1( do not employ until c.r.b check has been received) when applying for this job i was told when i got the job to hand my notice in at my previous job so i did, i have now been outta work for 2 weeks no income coming in, 2 years ago… Read more »
We are about to start the process of fostering. My husband was in an argument with another man who was drunk and aggressive to me, my husband punched him and was charged with ABH this was in 1986. On the day he was due to appear in court the man dropped the charge and we received no further information about this. will it appear on his CRB check? He is really worried it will wreck our chances of becoming foster parents.
Hi
Just to fill you in on latest progress. I posted a couple of weeks ago. My CRB has come back and it is clear. I was amazed it only took a week from it arriving at CRB. So doing the police access check was helpful because it confirmed what the CRB states. Thanks again for your help. Louise
Hi Louise Your post gave me some hope. I am applying for a ten year visa to live abroad and I need a Subject Access thingie. 32 years ago I was a victim of police entrapment in a public lavatory a la George Michael (they used what were called “pretty police” in those days) and I was fined 50 pounds. “If you plead guilty, we’ll keep it out of the papers etc.” Now, I am worried witless that this will come back to haunt me a generation later when I have to submit my Subject Access for Visa approval. Especially… Read more »
Same happened to me as writer #68 (reply 1 by Luke). I was caught in a similar homophobic sting back in 1994 in the toilets of a small market town and fined £250 for ‘soliciting for immoral purposes’. No straight person would, in practice, get done for that crime since the mindset wouldn’t have thought anything wrong about a man trying to hook up with a woman. I must emphasise no prostitution of any sort was implied or involved. I was caught cruising but was not having sex with anyone when arrested. A ‘pretty policeman’ hit on me in the… Read more »
4 years ago I was given a reprimand/caution/warning for theft from a shop (it was actually my friend that was doing it but as I was with her I was a accessory) I was 14 at the time and was told that this would be removed from my record at 17 and a half. I was recently offered employment at the prison near when I live, just in the cafeteria for visitors and they carried out a PNC on me and this offence has now come up and I have been refused employment, I am absolutely gutted as I was… Read more »