Applicant’s Guide to the DBS's Disclosure Service
Introduction
The Disclosure and Barring Service (DBS), an executive agency of the Home Office, provides access to criminal record and other information to organisations in England and Wales through a service called Disclosure. Its specific purpose is to help organisations make more informed decisions when recruiting people into positions of trust.
The Disclosure service is also available to other professional, licensing and regulatory bodies whose volunteers, employees and licensees are not necessarily in direct contact with the vulnerable, but still need to uphold the highest standards of professional performance and Disclosure can help improve these recruitment decisions as well.
Through the Disclosure service, organisations can provide greater protection for the vulnerable members of our society and afford greater protection to their customers, staff, volunteers and ultimately their organisation.
The DBS's Disclosure service provides access to a range of different types of information, such as, information:
The standard check is available for certain specified occupations, licences and entry into certain specified professions. These are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. It contains details of all spent and unspent convictions, cautions, reprimands and final warnings from the Police National Computer(PNC).
The enhanced check is available for those carrying out certain activities or working in regulated activity with children or adults; applicants for gaming and lottery licences; and judicial appointments. These are listed in Part V of the Police Act1997. It contains the same PNC information as the standard check but also includes a check of police records held locally.
Enhanced with a barred list check
An enhanced check with barring lists is only available for those individuals who are in regulated activity and a small number of positions listed in Police Act regulations, for example, prospective adoptive parents.
It contains the same PNC information and check of police records held locally as an enhanced check but in addition will check against the children’s and/or adults barring lists.
DBS adult first is a service available to organisations who can request a check of the DBS adults’ barred list. Depending on the result, a person can be permitted to start work, under supervision, with vulnerable adults before a DBS certificate has been obtained. Read application guidance and request an adult first check. The requests carry strict criteria:
The DBS reply to a DBS adult first check request will contain one of the following responses and will clearly state that it only forms the first part of the criminal record check application process and that further information will follow:
If the DBS adult first check indicates that the registered body must wait for the DBS certificate, the details provided may have indicated a match on the DBS adults barred list. However, further investigation is required to confirm this and you should await the certificate. Alternatively the check will state that no match exists for the individual on the adults barred list.
You might have been asked to apply for a Standard or an Enhanced Disclosure if you will be working:
A Disclosure may also be required for a range of other types of job or licences. To find out more please visit here
You might have to have another DBS check if you move to another job that involves working with children or vulnerable adults. If you have been asked to apply for a DBS check, and already have one from a previous role, you can ask if the organisation is willing to accept it. Pendle Leisure Trust only accepts DBS certificates that have been carried out by the Trust itself unless you have signed up to the Update Service below. If your DBS certificate is lost or destroyed, the DBS cannot provide a replacement certificate. You will need to apply and pay again.
The DBS also launched an update service in June 2013 which gives you the opportunity when applying for a new disclosure, to subscribe to the update service. This means that you may never need to apply for another disclosure and your employer will be able to check on line to see if the last disclosure you had is still current. For more information click here
If you have lived overseas for a substantial period of time, it may not be worth applying for a Disclosure, as the DBS does not generally have access to overseas criminal records. However, some organisations have a legal responsibility to check if a person is banned from working with children or vulnerable adults and can only do this through the Disclosure service. The DBS can also advise on how to obtain equivalent information from the overseas authorities, where available.
The DBS charge a Disclosure application fee, which is paid for by Pendle Leisure Trust. If you are a volunteer, the DBS will issue the Disclosure free of charge.
The Trust will ask you to complete an application online. You will receive an email from employmentcheck.org. You will then be asked by your Manager to provide a number of documents to confirm your identity. Failure to comply with this request will result in suspension/non-confirmation of your employment as the Trust needs to ensure a duty of care to all concerned.
When the application is processed, the DBS sends out a copy of the Disclosure certificate, containing any information revealed during its searches directly to you and NOT to Pendle Leisure Trust (the employer). The Trust will receive a confirmation email that your DBS has been completed and whether or not it is clear.
Organisations using the Disclosure service must comply with the DBS Code of Practice, which is there to make sure the whole process works fairly and that any information revealed is treated fairly and securely. Also, the DBS is committed to compliance with the Data Protection Act. This means that any personal information that you submit to us will be protected.
Under the provisions of the Code, sensitive personal information must be handled and stored appropriately and must be kept for only as long as it is necessary. The Code is published on the DBS website, or you can request a copy from the person who asked you to apply for the Disclosure. Please see the Trust’s Handling of Data Policy below.
Safeguards and guidelines have been introduced to ensure that conviction information is not misused and that ex-offenders are not treated unfairly. Ex-offenders will retain the protection afforded by the Rehabilitation of Offenders Act 1974. In addition, the DBS and the Chartered Institute of Personnel and Development (CIPD) have developed guidance information for employers on this matter. Please see the Trust’s policy on the Suitability of Ex-offenders for Employment below.
From 29 May 2013, the DBS will remove certain specified old and minor offences from criminal record certificates issued from this date. Changes to the legislation were introduced to allow us to do this.
An adult conviction will be removed from a DBS certificate if:
Even then, it will only be removed if it does not appear on the list of offences which will never be removed from a certificate. If a person has more than one offence, then details of all their convictions will always be included. An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.
The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years. The same rules apply as for adult cautions, except that the elapsed time period is 2 years.
The DBS has established a comprehensive complaints process and as part of our commitment to provide a high standard of customer service we will always:
Each Disclosure will show the date on which it was printed. Disclosures do not carry a pre-determined period of validity because a conviction or other matter could be recorded against the subject of the Disclosure at any time after it is issued.
Should there be any changes to your criminal record it is your full responsibility to inform the Trust and you will be charged for a new DBS check if one is required.
If you would like more information about DBS or its Disclosure service visit their website here or call them on 03000 200 190. (Telephone calls are charged at national rate. Calls will be recorded for security and may be monitored for training purposes).
* A volunteer can be defined as a person who is engaged in any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.
As an organisation using the Disclosure and Barring Service (DBS) checking service to help assess the suitability of applicants for positions of trust, Pendle Leisure Trust complies fully with the code of practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information.
It also complies fully with its obligations under the General Data Protection Regulation (GDPR), Data Protection Act 2018, and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of certificate information and has a written policy on these matters, which is available on the Trust’s website here
Certificate information should be kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom certificates or certificate information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.
To note: those registered organisations which are inspected by the Care Quality Commission (CQC), or Ofsted and those establishments which are inspected by the Care and Social Services Inspectorate for Wales (CSSIW ) may be legally entitled to retain the certificate for the purposes of inspection.
Once the inspection has taken place the certificate should be destroyed in accordance with the code of practice.
In addition, organisations that require retention of certificates in order to demonstrate ‘safer recruitment’ practice for the purpose of safeguarding audits may be legally entitled to retain the certificate. This practice will need to be compliant with the Data Protection Act, Human Rights Act, General Data Protection Regulation (GDPR), and incorporated within the individual organisation’s policy on the correct handling and safekeeping of DBS certificate information.
Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
Once a recruitment (or other relevant) decision has been made, we do not keep certificate information for any longer than is necessary. This retention will allow for the consideration and resolution of any disputes or complaints, or be for the purpose of completing safeguarding audits. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.
Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by secure means, for example by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack).
We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, not withstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
Before acting as an umbrella body (an umbrella body being a registered body which countersigns applications and receives certificate information on behalf of other employers or recruiting organisations), we will take all reasonable steps to satisfy ourselves that they will handle, use, store, retain and dispose of certificate information in full compliance with the code of practice and in full accordance with this policy.
We will also ensure that anybody or individual, at whose request applications for DBS certificates are countersigned, has such a written policy and, if necessary, will provide a model policy for that body or individual to use or adapt for this purpose.
October 2022
Oct2022