Go Back Up

Go back

Criminal records checks in the UK

Screening • Apr 5, 2022 9:00:00 AM • Written by: Georgia Reynolds

There are 3 types of criminal checks in the UK. Those are basic, standard, and enhanced DBS.

DBS is an acronym for the Disclosure and Barring Service and is an executive non-departmental public body, sponsored by the home office.

It is important to choose the correct level of DBS based on an applicant’s role, although it is not illegal to request a higher level of check. However, DBS may refuse to issue a certificate, if they think the check is irrelevant to the role. This may also have repercussions if you withdraw an offer or terminate employment based on findings of DBS if the requested check is irrelevant to the role.

"Giant Screening are DBS responsible organisation, we have the technology and the expertise to carry out those checks in line with government guidelines."

IR35 FAQs

There are the 3 types of Criminal checks in the UK:

Basic DBS
Lists any unspent criminal convictions depending on where the applicant is living or working, this check would need to be processed via separate governing bodies:
- for applicants living or working in England or Wales the check has to be processed via Disclosure and Barring Service
- for applicants living or working in Scotland the check has to be processed via Disclosure Scotland

It is important to determine which governing body to use at the time a conviction is regarded as spent is different in England & Wales and Scotland. This is due to the difference in section 5 of the Rehabilitation of Offenders Act in these countries. Due to this act, applicants are not required to disclose any spent convictions when applying for jobs.

Standard DBS
Lists any unspent criminal convictions as well as all cautions, warnings, and reprimands a person has. Only specific professions can access this disclosure and these professions have to be listed on the Exceptions Order to the Rehabilitation of Offenders Act.

Examples of these professions include positions regulated by the Financial Conducts Authority (FCA), specific roles in courts/prisons, and accountant/lawyer.

Enhanced DBS
To be entitled to this level, the applicant's role has to be listed in the Exceptions Order to the Rehabilitation of Offenders Act as well as the Police Act 1997.

Examples of these professions include teachers, nurses, doctors, care home employees, lecturers, and anyone who is working directly or has direct contact with children or vulnerable adults.

For applicants working or living in Scotland, the applicant may be required to join the Protecting Vulnerable Groups (PVG) scheme provided by Disclosure Scotland. The PVG scheme is the Scottish equivalent of the Enhanced DBS check.

Employer duties
It is important that the correct checks are being processed, but also that employers are helping to ensure the safety of children or vulnerable adults. While employers must have a clear picture of whom they are hiring, they cannot and should not discriminate against a potential employee protected by the Rehabilitation of Offenders Act 1974.

We at Giant Screening are DBS responsible organisation, we have the technology and the expertise to carry out those checks in line with government guidelines. This also means our turnaround time is quite quick and on average does not exceed 2 working days

 

Interested in discussing something you've read in one of our blogs?

Georgia Reynolds

Marketing Coordinator – Content