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We have created a specimen policy on the recruitment of ex-offenders to help guide organisations. This is designed to protect applicants from unfair discrimination, based on non-relevant past convictions.
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The code of practice states that information on a DBS certificate should only be used in the context of a policy on the recruitment of ex-offenders. When answering, the applicant would have a legal obligation to reveal spent convictions. Refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA) 1974.Ĭertain areas of employment are exempt under the ROA 1974 (Exceptions) Order 1975, and employers may ask about spent convictions - this is known as asking an exempted question. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. Usually, a job applicant has no legal obligation to reveal spent convictions. If we believe that the code of practice isn’t being followed, we can refuse to issue a DBS certificate. This means cooperating with requests from DBS to carry out assurance checks, and reporting suspected malpractice that relates to the code of practice or misuse of DBS certificates. Organisations must also satisfy DBS that they are complying with the code of practice. More information on the handling and storage of DBS certificate information is available on GOV.UK.
Organisations must use any information revealed on DBS certificates fairly. The code of practice requires that the information revealed is considered only for the purpose for which it was obtained, and should be destroyed after a suitable period has passed - usually no longer than six months. The correct storage of DBS certificate information is important. Storing information for DBS certificate information The code of practice for registered persons and other recipients of DBS check information can be found on GOV.UK. The code also ensures that sensitive and personal information disclosed by DBS, is handled and stored appropriately and is only kept for as long as is necessary. It is there to ensure that organisations are aware of their obligations, and that the information released will be used fairly. Organisations using the DBS checking service must comply with this code of practice. The code of practice is issued under section 122(2) of the Police Act 1997. More information about who is eligible for a criminal record check, can be found in the DBS eligibility guidance. The minimum age at which someone can be asked to apply for a criminal record check is 16 years old. Knowingly requesting a higher-level check than the legislation allows is unlawful and could be a breach of the Data Protection Act 2018 and other relevant legislation. These are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This is known as asking ‘an exempted question’.Īn exempted question applies when the individual will be working in specific occupations, for certain licenses or specified positions.
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Eligibility to ask ‘an exempted question’Īccess to Standard, Enhanced, and Enhanced with Barred List(s) DBS checks is only available to employers who are entitled by law to ask an individual to reveal their full criminal history, including spent convictions (excluding protected cautions and convictions that will be filtered from a criminal record check).
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More information about how to get a criminal record check for overseas applicants, or those that have previously lived outside of the UK, on the Home Office website. When a check has been processed by DBS, a DBS certificate is produced and issued to the applicant.ĭBS is unable to access criminal records held overseas, so a DBS check may not provide a complete view of an applicant’s criminal record, if they have lived outside of the UK.Įmployers should ensure that they have access to all of the information available to them, to make safer recruitment decisions. These checks are processed by the Disclosure and Barring Service ( DBS).įor certain roles, the check will also include information held on the Children’s and Adults’ Barred Lists, alongside any information held by local police forces, that is considered relevant to the applied-for post.ĭBS checks assist employers in making safer recruitment and licensing decisions, however a check is just one part of recruitment practice. An employer may request a DBS check as part of their recruitment process (previously known as CRB checks).
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