Staying compliant with conducting necessary criminal background checks on potential candidates is vital. Not only does it help protect you and your business, but many businesses within registered industries are required to undertake certain checks.
As part of a businesses' criminal record check, you may wish to carry out a DBS check. The DBS (Disclosure and Barring Service) check is a screening process that involves searching for any criminal convictions or cautions that an individual may have.
DBS checks are a common part of their recruitment process, especially for positions that involve working with vulnerable people or undertaking financial responsibilities.
There are three levels of DBS check: Basic, Standard and Enhanced. Each level reveals different information about an individual's criminal record. Depending on the level of check conducted, additional details may be included,, such as whether the individual appears on the sex offender register.
In this post, we'll take a closer look at the different levels of DBS check, and explore the different factors that will influence which level is right for your business and each specific job role.
What is a DBS check?
The Disclosure and Barring Service (DBS) check is a process that allows employers to access criminal record information about a candidate. This service was formerly known as the Criminal Records Bureau (CRB) check, yet its function stays the same: providing access to relevant documents to ensure safe hiring decisions.
Industries such as childcare, education, healthcare, and financial services require DBS checks as a standard practice. This is because these organisations often work with vulnerable people or handle sensitive information, so it is crucial that they know an applicant has been screened for any previous criminal convictions.
DBS check levels
There are four different levels of DBS checks available:
- Basic DBS check
- Standard DBS check
- Enhanced DBS check
- Enhanced with Barred List(s) DBS check
Each check reveals different levels of information about an individual's criminal record.
Different levels of DBS checks are available depending on the nature and level of risk associated with your business, as well as the working environment and type of work the role involves. For example, if the role involves regular contact with children, the elderly or vulnerable adults, you may need to request a higher-level check.
These levels exist to ensure that information about a candidate is only accessible to a limited number of people when it is necessary and proportionate to do so.
This distinction is in place because of regulations like the Rehabilitation of Offenders Act, which aims to prevent discrimination based on past convictions.The Rehabilitation of Offenders Act acknowledges that individuals with past convictions should not be discriminated against when applying for jobs if their convictions are considered ‘spent’ or ‘disregarded’.This Act gives them a chance to move on with their lives, with past convictions no longer held against them in most job opportunities.
For this reason, jobs that require a basic DBS check will not be able to see any information about a candidate's spent convictions.
Overall, the different levels of DBS checks provide an important safeguard against discrimination and allow those with past convictions to move on. They also help protect vulnerable groups such as children, the elderly, and people who may be at risk of abuse or violence by ensuring that candidates have been properly vetted before being placed in positions of trust.
Basic DBS check
A Basic DBS check can be requested by an individual or an employer. In accordance with the Rehabilitation of Offenders Act 1974, Basic DBS checks highlight any unspent convictions or conditional cautions for individuals over 16.
Employers will receive information on:
- Conviction date
- Court name
- Nature of offence
- Date of offence
- Sentence imposed
Such disclosure enables employers to determine whether an applicant is suitable for the job and helps to maintain workplace safety standards.
A Basic DBS check may be required to get a visa or personal alcohol license. Individual Basic DBS checks may also be useful if you wish to do voluntary work.
Key information obtained:
- Unspent convictions
- Conditional cautions
Standard DBS check
A Standard Disclosure and Barring Service (DBS) check is a more thorough criminal background check than the basic one. Unlike the Basic check, individuals cannot apply for a Standard DBS check on their own; it must be requested by an employer or organisation for roles that mandate it.
Key information obtained:
- Cautions
- Convictions
- Reprimands and warnings (now replaced by youth cautions)
- Previously stepped-down cautions or convictions
Like with the Basic checks, for each recorded offence, the report discloses the conviction or caution date, name of the court, nature of the offence, date of the offence, and the details of the sentence imposed.
Enhanced DBS check
An Enhanced DBS check is the most detailed and in-depth criminal record and barring check available in the United Kingdom.
Only employers and organisations can apply for an enhanced disclosure in circumstances where the role necessitates such checks, such as roles that involve working with vulnerable adults or children.
Key information obtained:
- Cautions
- Convictions
- Reprimands and warnings (now replaced by youth cautions)
- Previously stepped-down cautions or convictions
- Relevant police intelligence
Enhanced with Barred List DBS check
The Enhanced with Barred List check shows the same information as the Enhanced check but also verifies whether the candidate appears on either the child or adult barred list.
To ensure safety in the recruitment process and protect those they may be working with, organisations use DBS barred lists compiled by the Disclosure and Barring Service (DBS). These records are divided into two main categories:
- Individuals prohibited from interacting with children
- Individuals restricted from working with vulnerable adults
When deciding what level of DBS check you can request, it is important to consider the following:
- Whether your business provides services for children, the elderly, or vulnerable people
- What the role involves
- How often is the function performed
- The type of working environment (e.g. office vs. direct care work)
Top tip: If for any reason, you're unsure about the correct level of DBS check for a role, the gov.uk website has a number of useful DBS resources that can help you out.
The DBS eligibility tool involves answering a few questions to determine what level of Disclosure and Barring Service (DBS) check your candidate is eligible for.
After doing so, the tool responds with a description of what checks are to be considered for that particular role. As it's illegal to conduct checks that are beyond eligibility requirements, this tool is a very helpful guide to ensure compliance.
Understanding the different levels of DBS checks
Eligibility categories for Standard and Enhanced checks
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 outlines the type of roles which may qualify for either a standard or an enhanced DBS check. These jobs can be divided into five main groups:
- Roles which are considered a “Profession”: Medical practitioners, barristers, accountants, vets and opticians.
- Roles within Law and Order: Individuals whose employment responsibility is to uphold the law, or is involved in some way with the criminal justice system such as judges, prison officers, police constables, and traffic wardens.
- Roles within regulated industries: Firearms dealers, insurance company directors, or taxi drivers qualify for enhanced or standard DBS checks depending on the responsibilities involved.
- Health and social care: Anyone who provides care or services to children or whose work involves providing services to vulnerable people e.g. care home assistance, social worker.
- National security and protection of the state: Those whose work could endanger the nation’s safety (e.g. air traffic controllers and certain employees of the Crown).
DBS checks for Registered Bodies
For the protection of employers and employees, every Registered Body (RB) is duty-bound to stay up to date with — and strictly adhere to — DBS Conditions of Registration. This ensures that each DBS check requested is compliant with government regulations and that the level of DBS check requested is appropriate for the job role.
Submitting an ineligible DBS application is a serious legal offence. By signing the declaration on the form, Registered Bodies confirm that they meet all regulatory requirements — this holds even when using Umbrella Bodies to submit applications.
Final thoughts on DBS check levels
DBS checks are an essential tool for organisations that are committed to ensuring the safety and wellbeing of their employees, customers, and other vulnerable individuals. With so many different categories and levels of eligibility, it is important to carefully consider what level of DBS check is appropriate for each role.
For more information and guidance around DBS, speak with one of our experts for more tailored advice.
FAQs
1. How long does it take to get a DBS check?
The time it takes to complete a DBS check can vary. For Basic checks, it typically takes about 1-2 weeks. Standard and Enhanced checks can take longer, especially if police records need to be reviewed or if the application requires further investigation, which could take up to several weeks.
2. Are there any roles that don’t require a DBS check?
Not all job roles require a DBS check. Generally, roles that do not involve working with vulnerable individuals or handling sensitive information are not eligible for a DBS check. For example, jobs in administrative roles or positions without direct interaction with children or vulnerable adults may not need a DBS check.
3. Can an individual appeal the results of their DBS check?
Yes, if an individual believes that the information on their DBS check is incorrect, they can challenge the results. Reporting a problem about a barring decision can be done by completing a DBS certificate dispute form and sending it to the Disclosure and Barring Service (DBS).
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