Dear Manager

The Disclosure and Barring Service has recently disputed the eligibility for a DBScheck for a number of posts Knowsley has put forward for DBS disclosure. Given this recent challenge, I would be grateful if you could assess whether the post(s) for which you have requested a DBS disclosure fall within the DBS eligibility criteria outlined in the guidance notes below.

If after reviewing the guidance you still believe the post is eligible for a DBS check, please can you provide supporting information as to how the role(s) meet the eligibility criteria for a DBS check, the level of disclosure, and the Eligibility Code applicable for the role (click here to access the Eligibility Codes).

Please note that the submission of DBS checks for ineligible positions would be considered unlawful under the terms of the Rehabilitation of Offenders Act 1974 and under Part V of the Police Act 1997 an application for a DBS check must be accompanied by a statement by the registered person that the certificate is required for the purpose of asking an exempted question.

Should you wish to discuss the issue of eligibility further, please contact either, Jaci Dick, Human Resources Manager or Graham Ennis, Employee Relations Manager.

DISCLOSURE AND BARRING SERVICE DISCLOSURES

Guidance for managers assessing eligibility for a post to be DBS checked

What checks are available?

  • A Standard Disclosure and Barring Service (DBS) check contains details of all spent and unspent convictions; cautions, reprimands and final warnings from the Police National Computer (PNC).
  • An Enhanced DBS check is the highest level of criminal record check. It will contain the same PNC information as the Standard check but also includes a check of police records held locally, and for positions working with children and vulnerable adults, information held by the Independent Safeguarding Authority.

Which check is applicable?

  • The Standard check is available for certain specified occupations, licences and entry into certain specified professions. This check should be carried out for persons employed in posts which involve working in ‘controlled activities’, as well as certain other occupations and entry into professions as specified in the Exceptions Order to the Rehabilitation of Offends Act (ROA) 1974. Standard DBS checks show current and spent convictions, cautions, reprimands and warnings held on the Police National Computer. Controlled activities include:
  • Frequent or intensive support work in health, NHS, FE settings eg cleaner, caretaker, shop worker, catering staff, car park attendant, receptionist.
  • Those working for specified organisations (eg a local authority) with frequent access to sensitive records about children and vulnerable adults.
  • Support work in adult social care setting eg day centre cleaners, those with access to social care records.
  • The Enhanced check is available for those working in Regulated Activity with children or vulnerable adults; applicants for gaming and lottery licences; and judicial appointments. Enhanced DBS checks contain the same information as the Standard Disclosure but with the addition of any relevant and proportionate information held by the local police forces and a check of the new Children and /or Vulnerable Adults barred list where requested. Regulated activity is when the activity is frequent (one a month or more) or ‘intensive’ (takes place on 3 or more days in a 30 day period). Regulated activities include:-
  • Any activity which involves contact with children or vulnerable adults and is of a specified nature eg teaching, training, care, supervision, advice, treatment or transport.
  • Any frequent or intensive activity which involves contact with children or vulnerable adults.
  • Any activity allowing contact with children or vulnerable adults and is in a specified place eg schools, care homes, etc
  • Fostering and childcare.
  • Certain defined positions of responsibilities eg school governor, director of social services, trustees of certain charities.

The submission of DBS checks for ineligible positions would be considered unlawful under the terms of the Rehabilitation of Offenders Act 1974. Under Part V of the Police Act 1997 an application for a DBS check must be accompanied by a statement by the registered person that the certificate is required for the purpose of asking an exempted question.

If an individual knowingly asks for a DBS check for a post which is not included in the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974 (ROA), they would be in breach of Part V, section 123 of the Police Act, in that they are committing an offence by knowingly making a false statement for the purpose of obtaining or enabling another person to obtain a certificate under this part.

The eligibility codes for DBS checks can be found on this direct link to the DBS website www.gov.uk/dbs and it is essential that any organisation considering using DBS checks views this information to determine eligibility.