Understanding DBS Checks and Barred Lists

Previously, the Criminal Records Bureau (CRB) was responsible for conducting criminal record checks, known as CRB checks. This body has now merged with the Independent Safeguarding Authority (ISA) to form the Disclosure and Barring Service (DBS). Consequently, CRB checks are now referred to as DBS checks.

What is a DBS Check?

A DBS check can be requested by organisations or employers. This check involves reviewing an individual’s police records for any spent or unspent convictions, cautions, reprimands, and final warnings. In certain cases, information from the Departments of Health and Education may also be reviewed.

When is a DBS Check Required?

Organisations may require a DBS check for various roles, particularly those involving:

• Work with young children or vulnerable adults
• Employment in the healthcare sector
• Roles in fostering or adopting children

Examples of professions requiring a DBS check include:

• Healthcare professionals
• Carers
• Education sector employees
• Regulated activities related to children and adults under the Safeguarding of Vulnerable Groups Act 2006
• Other professions such as barristers, solicitors, chartered accountants, vets, registered foreign lawyers, judicial and court appointments, police, probation wardens, and prison workers

If unsure, it is advisable to consult the DBS for guidance on whether a DBS check is required for a specific role.

Legal Requirements for DBS Checks

Generally, employers cannot request details of criminal records from job applicants. However, for roles that necessitate a DBS check, this rule does not apply. Employers must:

• Ensure they are legally entitled to request a DBS check
• Confirm that the role is eligible for a DBS check
• Only conduct a DBS check on a successful applicant, not before the job offer

Employers may withdraw a job offer if the DBS check reveals that the applicant is unsuitable.

Types of DBS Checks

There are four main types of DBS checks:

• Basic DBS Check
• Standard DBS Check
• Enhanced DBS Check
• Enhanced DBS Check with List Checks

The level of check required depends on the nature of the employment or voluntary work.

DBS Barred Lists

The DBS Barred Lists contain names of individuals deemed unsuitable to work, whether in a paid or voluntary capacity, where the role involves caring for, supervising, or having sole responsibility for adults or children. Employing anyone on these lists for such roles is illegal.

Employers are legally required to notify the DBS if:

• An employee’s employment is terminated due to harming an individual in their care
• An employee is removed from working in a regulated activity

If an employee resigns before termination or if termination is being considered, the employer still has a duty to inform the DBS of the situation.