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If you’re an employer, it’s important to be aware of the regulations surrounding DBS Checking eligibility.

Contrary to popular belief, not everyone is actually entitled to a DBS Check.

This was a revelation to me when I started working at uCheck as I assumed anyone could apply for a check, whatever their role.

However, this isn’t the case. Read on for the key facts about DBS Checking eligibility.

The main types of DBS Check

There are three main types of DBS Check, each with differing eligibility criteria.

  • A Standard Check – the Rehabilitation of Offenders Act (ROA) was published in 1974 and requires the position to be included in the Exceptions Order (1975) for Standard Disclosure eligibility to be granted
  • An Enhanced Check – to be eligible for an Enhanced level DBS check, the role of employment must be included in both the ROA Exceptions Order and in the Police Act of 1997
  • An Enhanced Check with Children’s and/or Adults’ Barred List Check – to be eligible to request a check of the Children’s or Adults’ Barred Lists, the position must be eligible for an enhanced level DBS Check as stated above and be specifically listed in the Police Act 1997 as able to check the appropriate Barred List(s)

For more information, directly from the Home Office, click here.

If the above does not apply to your applicant you may still apply for a Basic Disclosure.

What is a Basic Disclosure?

You can apply for a Basic Disclosure for any purpose as an employer, or as an employee.

For example, a Basic Disclosure allows employers to make a decision as to whether or not the candidate will pose any potential risks to their business.

Additionally, individuals may apply for checks themselves to show credibility to a future employer.

A Basic Disclosure certificate contains information about any unspent convictions or states there are no such convictions.

Spent convictions can effectively be disregarded after a specified amount of time and will not show up on the certificate.

Anything over four years in prison is classified as unspent.

The Rehabilitation of Offenders Act 1974 states the rehabilitation periods after which convictions may become spent.

However, different rehabilitation periods do apply in England, Wales and Scotland depending on the area’s jurisdiction.

DBS Checking eligibility – a summary

The regulations surrounding DBS Checking eligibility can be confusing.

Hopefully this guide will help you with applying for the correct type of check.

If you have any queries whatsoever about the DBS application process please don’t hesitate to get in touch.

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Our blogs are advisory in nature and reflect M G Care Executive Limited trading as uCheck’s current thinking about best and common practice in the subjects discussed.

The information contained in our blogs have been provided for information purposes only. This information does not constitute legal, professional, or commercial advice. Whilst every care has been taken to ensure that the content is up to date, useful and accurate, M G Care Executive Limited trading as uCheck gives no guarantees, undertakings, or warranties in this regard, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information.

 

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