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However, DBS Checks do become outdated and a DBS certificate is only fully accurate on the day it’s issued.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.
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.
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.
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.
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.
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.
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.
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.
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.
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!