The Disclosure and Barring Service (DBS) replaced the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) in 2012. DBS Certificates can be requested by and disclosed to employers carrying out backgrounds checks of potential employees and for many employees a satisfactory DBS Check is a requirement of their employment. Individuals however cannot request a DBS Check themselves and this can often be a source of anxiety as people are unsure what potentially may show on a check.
What Information will my DBS Check Contain?
There are a number of different types of checks:
- Standard Certificate: This is the most basic check and will show spent and unspent convictions, cautions, reprimands and final warnings.
- Enhanced Certificate: This DBS Check will additionally show any other information held by a police force that is considered relevant to the role applied for.
- Enhanced Certificate with Barred List checks: This will also show a list of persons on the DBS Barred Lists and therefore deemed unsuitable to work with children and/or vulnerable adults.
How can I find out what information will show on my DBS Check?
Individuals themselves cannot apply for a DBS Check. We are frequently contacted by individuals requesting how they can find out what information will be disclosed on a DBS Check. It is possible to find out what information is held about you.
If you want to know what information the police hold about you on the Police National Computer (PNC), you can submit a Subject Access Request to the ACRO Criminal Records Office. To find out what information your local police force hold, you can submit a subject access request to the relevant police force.
As an enhanced check shows information considered relevant by the local police force this is at their discretion and can be challenged if you feel the decision is incorrect. There are specific guidelines as to how police forces should determine whether the information to be disclosed is ‘relevant’ and we can advise as to whether or not you could successfully challenge such decision.
What if my DBS Check is Incorrect?
It may be that your DBS Check provides incorrect information about a previous conviction. We can assist in appealing such entry in order to rectify any mistakes.
I’m on the DBS Barred List – what can I do?
If you are convicted of certain offences then the DBS will be made aware of this. They will write to you indicating their intention to place you on the “Barred List”. There are two separate barred lists in relation to working with children and vulnerable adults. Some offences lead to an automatic inclusion on the Barred List and other offences are at the discretion of the DBS.
It is possible to make written representations to the DBS and this is something Olliers Solicitors can assist with. If you receive notification from the DBS of their intention to place you on the Barred List we would suggest you contact ourselves immediately.
