Performing a DBS check on someone without their express consent is illegal. As part of the DBS application process, extensive personal information and documentation are needed. Applicants must also sign a statement when filling out the form, confirming that all the data is correct and if they have any convictions. The DBS system is complicated, and not all employers are experts at how it works.
It's no wonder an employer insists that DBS verify a position that doesn't require it. If you think this is the case, you can explain your opinion to the employer and see how they respond. Employers can't check the criminal record of whoever they choose, so they must take their concerns seriously. However, some may simply assume that you have something to hide by refusing to have a DBS check done. There is no eligibility requirement for a basic DBS check.
However, if you are considering asking an individual to apply for a standard or enhanced DBS check, as an employer, you are legally responsible for making sure that the job is eligible. The legal right to request a DBS (CRB) check does not imply a legal obligation to do so. In general practice, only those who participate in a regulated activity are. Those who provide or oversee the provision of care must have an enhanced DBS (CRB) with verification on the list of prohibited persons. For the rest of the staff, the Office must make a risk-based judgment about whether or not a standard DBS (CRB) check is required.
While the requirement to request checks from DBS for a regulated activity has been eliminated, the right to request them remains. Therefore, a local authority is free to insist that no one can carry out a regulated activity unless they have undergone DBS control, even to supervised volunteers. Certain old or minor convictions and warnings are protected or “filtered,” meaning that they are not normally disclosed at any level of DBS verification. Aside from very limited and exceptional cases, employers cannot require individuals to disclose protected convictions. In accordance with the DBS Code of Practice, employers who process information about criminal records must have a policy on the employment of former offenders and be able to show this policy to any employee or applicant who requests to see it.
An enhanced DBS check
is the most comprehensive criminal background and prohibition check available in the UK.Employers and organizations can request enhanced disclosure to ensure that candidates are suitable for the position they applied for. Enhanced control is generally used to screen people for roles that involve working with vulnerable adults or children. One of the main reasons why people may be hesitant about undergoing DBS verification is concern about incidents related to mental health. A self-employed worker who qualifies for a standard or enhanced DBS check can request their check from the organization that wants to contract their services. An enhanced level certificate contains the same PNC information as the standard level certificate, but it also includes a verification of information held by law enforcement. This page is designed to gather information related to eligibility for standard and enhanced criminal background checks. Enhanced control is available for specific functions, positions, and licenses included in the Offender Rehabilitation Act 1974 (Exceptions Order 197) and the 1997 Police (Criminal Record) Act regulations, such as caring for, training, supervising or caring only for children on a regular basis, specific activities with adults receiving medical or social care services, and applicants for gambling and lottery licenses.
DBS adult first is a service available to organizations that can request a consultation of the list of people excluded from DBS adults. Employers must be based in England or Wales to request standard or enhanced DBS control, regardless of where the work is carried out. The applicant will then need to show their DBS certificate to the employer who requested the criminal background check. This process is for transgender applicants who do not want to reveal details of their previous identity to the person who asked them to complete an application form for a DBS verification. An organization is breaking the law if it submits an application for a standard, enhanced, or improved DBS with banned lists.
Check if the position you applied for doesn't qualify for that level of verification. If you carry out or plan to carry out a regulated activity, an employer or volunteer organization may carry out an enhanced verification, including checking if you are prohibited from working with children, adults, or both. This means cooperating with DBS requests to carry out security checks and to report suspected malpractice related to the code of practice or the misuse of DBS certificates. The types of posts that can be subject to standard or enhanced controls are listed in the Offender Rehabilitation Act 1974 (Exceptions) Order 1975.
