Employers in the UK have the right to request criminal record checks from prospective job applicants. While initially intended for UK businesses, the use of DBS checks has expanded to include UK companies operating internationally. This is because individuals with a criminal record in the UK are registered with law enforcement authorities. These checks play a crucial role in ensuring that suitable candidates are carefully vetted and selected for employment.
The Role of DBS
Formerly known as the Criminal Records Bureau (CRB), the responsibility of identifying criminal records now lies with the Disclosure and Barring Service (DBS). In Scotland, this process is conducted by Disclosure Scotland, while in Northern Ireland, it is carried out by Access NI. Although it is not legally binding for every candidate, many companies and organizations now require DBS checks. The process has also become faster and more cost-effective compared to previous methods.
In England, Wales, and Scotland, the Police National Computer (PNC) maintains the criminal record database, while Northern Ireland maintains its own separate database. When a request for a background check is initiated, the inquiry is sent to the PNC, which is responsible for issuing the DBS Certificate. Typically, the process takes approximately 24-48 hours, with Basic Checks costing £18, while Standard and Enhanced checks cost £38.
Basic DBS Check: Simplified Application
The most commonly requested check is the Basic Check, available for individuals aged 16 and above. Applicants need to provide basic details such as address proof for the past five years, date of birth, national insurance number, and identification proof. Applying for a Basic Check is a straightforward process, as it can be done online by creating an account and using a generated one-time password. This check is the quickest, covering basic information such as unspent convictions.
Rehabilitation of Offenders (ROA) and Standard Checks
In order to prevent discrimination against individuals with past convictions, the Rehabilitation of Offenders Act (ROA) was enacted in 1974. According to this law, once a person is rehabilitated, they should not face discrimination when applying for any job. Employers are prohibited from requesting a background check if the position does not warrant it. Individuals have the right to request their own basic checks without any legal restrictions. Furthermore, applicants have the right to refuse an employer’s request for a background check.
Standard Checks: A Detailed Process
Standard checks are more detailed and may take up to 14 business days or longer. They cover final warnings, reprimands, police cautions and all convictions. When an employer applies for a standard check, it must align with the ROA guidelines, meaning that the nature of the job must justify the need for the check. Standard checks are often required in the financial industry to ensure that individuals with previous convictions related to fraud are not employed. Employers or responsible organizations can request a standard check. If an employer requires fewer than 100 checks per year, they must go through a Responsible Organization (RO) to process the requests.
Enhanced DBS Checks: Comprehensive and Trusted
The Enhanced DBS (formerly CRB) Check is the most comprehensive background check, priced at £38. It is typically required for positions that demand utmost trustworthiness and ethical conduct. Professions involving contact with children or vulnerable adults necessitate enhanced checks. Consequently, candidates looking for employment in hospitals or schools are usually recommended to undergo this check. While the enhanced check provides extensive information, it does not automatically include checks against the barred list, which contains the names of individuals prohibited from working with children or vulnerable adults, unless specifically requested.
