DBS Checks:

True or False?

Question 1

There’s no expiry date on DBS Checks

DBS Checks don’t expire

However, DBS Checks do become outdated and a DBS certificate is only fully accurate on the day it’s issued. For example, the candidate could receive a criminal record the week they started work. As such, it’s the employer’s responsibility to make sure they carry out regular checks on employees.

Question 2

Employers can reject any job applicant because they have a criminal record

Not all applications can be rejected

Under the Rehabilitation of Offenders Act 1974 an employer can’t refuse to employ someone because they have a spent caution or conviction unless an exception applies. Exceptions include those who commit crimes related to children and are unlikely to be able to work with them.

Question 3

You can fail a DBS Check

There’s no passing or failing

Instead, a check is part of a vetting process which can show whether an individual has a criminal record, caution, warning or conviction. Employers will then take into account the seriousness of the crime, when it happened, and whether it makes the candidate unsuitable for the particular role.

Question 4

Employers can be sued for failing to carry out DBS Checks

Employers can be sued

It’s illegal to employ someone to work in regulated activity with children or vulnerable adults if they’ve been barred from doing so. Employers who don’t perform DBS Checks on staff when they are legally required to do so can be sued, and could suffer significant reputational damage.

Question 5

You can apply for any kind of DBS Check on yourself

Not Standard or Enhanced checks

Only employers, potential employers, voluntary organisations or umbrella bodies like uCheck can apply for Standard or Enhanced DBS Checks. If you need a Standard or Enhanced Check your employer should arrange this for you. However, as of January 2018, individuals can now apply for their own Basic DBS Checks.

Question 6

If you only volunteer occasionally you may not be legally required to have a DBS Check

Some volunteers are exempt

Only those volunteering on average once a week or more than four times a month will require a DBS Check. However, this only applies to roles that don’t involve regulated activity. In these cases a check will be necessary.

Question 7

Some employees can start work before they receive their DBS certificate

This is permitted in certain cases

However, it depends on the role and the level of check. In exceptional circumstances an Adult First Check can be used for a candidate needing an Enhanced DBS Check with a check of the Adults’ Barred List. It enables them to start work with adults, under supervision, without their full DBS certificate.

Question 8

Cautions will always show up on a DBS Check

Cautions can become spent or be ‘filtered’

Many cautions become spent over time and won’t appear on a check. Filtering, meanwhile, removes certain ‘protected’ cautions, which will only show up on a DBS if the employer should be aware of them. However, some convictions will never be filtered, such as safeguarding offences.

Question 9

You don’t need a DBS Check if you’re under 18

Over 16s need DBS Checks

Volunteering or part-time work, including unpaid work experience, requires a disclosure if the profession involves regular contact with children and/or vulnerable adults. Before legislation changed in 2012, children as young as 13 could undergo DBS Checks, however today those under 16 can work and volunteer without a DBS certificate.

Question 10

DBS Checks have a minimum turnaround time of two weeks

Checks rarely take this long

This depends on the level of check. For example, Enhanced DBS Checks have more vetting stages than Standard Checks. Processing can also be delayed by incorrect information on the application or local police holdups. At uCheck, DBS Checks are typically completed within 48 hours - our record is 13 minutes!