Asking every applicant for an enhanced DBS check may sound cautious. It is not lawful or useful recruitment practice. North East employers need to match the check to the actual duties, verify what it covers and make a measured decision when information is disclosed.
Start with the role, not the preferred check
A basic DBS check can be used for any position or purpose. Standard, enhanced and barred-list checks are restricted to roles and activities that meet statutory eligibility conditions. DBS states that knowingly requesting a higher-level check than the law permits is unlawful and may also breach data-protection legislation.
Eligibility depends on the work performed, the people involved, the frequency and the setting—not simply a job title. Two support-worker roles can qualify differently if one provides regulated personal care while the other performs administration without that contact. Record the duties against current DBS eligibility guidance before instructing an umbrella body.
Eligibility legislation permits a particular level of check; it does not automatically make the check mandatory. A sector rule, regulator or contract may separately require one. The recruiting employer remains responsible for deciding whether a check is needed and which lawful level applies, even when an umbrella body submits the application.
DBS: employer guidance on criminal record checks ↗ · DBS eligibility guidance and assessment tools ↗
Understand what each DBS level can disclose
A basic certificate contains convictions and cautions treated as unspent under the Rehabilitation of Offenders Act 1974. It is the only level available without the role satisfying an exception that allows the employer to ask about a wider criminal history.
A standard certificate is limited to eligible roles and can contain spent and unspent convictions and adult cautions held on the Police National Computer that are not filtered. An enhanced certificate adds relevant information held by local police where the legal test for disclosure is met.
An enhanced check with the Children's or Adults' Barred List is narrower again. It is generally available only for regulated activity and a small number of specified positions. Do not add both lists automatically: the actual activities must justify the relevant child list, adult list or both.
The minimum age for a DBS criminal-record check is 16. For applicants who have lived abroad, remember that DBS cannot normally access overseas criminal records. Overseas checks, identity verification, right-to-work checks and professional-registration checks may therefore be needed separately.
Tell applicants what will happen before collecting information
State in the advert or recruitment information that the role is subject to the appropriate DBS check and make any offer conditional where necessary. Explain the level, workforce and barred-list request, how information will be used, who can see it and the process for discussing a disclosure.
Application questions must reflect the filtering rules. Employers can ask only about convictions and cautions they are legally entitled to know about. Protected convictions and cautions do not need to be disclosed and must not be taken into account if they are volunteered or obtained elsewhere.
The DBS code requires registered bodies to use certificate information fairly and in the context of a written policy on recruiting ex-offenders. Managers making decisions need the policy and training; a blanket rule such as 'any record means no job' does not provide a role-specific assessment.
DBS filtering guidance for recruitment questions ↗ · DBS code of practice ↗
Verify the certificate before making the decision
The certificate is issued to the applicant. The employer should inspect the original certificate, confirm that the personal details match the person and check the level, workforce, barred-list coverage, position and issue date. DBS says copies and digital photographs are not acceptable substitutes for the original certificate.
A certificate has no official expiry date. It records information available when it was issued. Decide whether an older certificate is acceptable by considering its date, whether the check level and workforce match the new role, whether the identity remains correct and whether sector rules require a fresh check.
A clear certificate does not prove that somebody is suitable, qualified or safe. It is one part of safer recruitment alongside employment history, references, identity, qualifications, professional registration and appropriate supervision.
Related guide: obtaining and providing employment references →
Assess disclosed information fairly and proportionately
A disclosure is not an automatic rejection. Meet the applicant before deciding and establish the facts. Consider whether the information is relevant to the role, the seriousness and circumstances, how long ago it occurred, the person's age at the time, whether there is a pattern, their explanation and evidence of changed circumstances.
Connect the decision to the actual risk. A driving offence may be highly relevant to a vehicle role and much less relevant to office administration. A dishonesty offence may matter where the post has unsupervised financial access. Record why the evidence affects—or does not affect—the duties and what safeguards could reasonably control any remaining concern.
If the applicant disputes the certificate, allow the DBS dispute process to operate and avoid treating contested information as established fact. Before withdrawing a conditional offer, explain the concern, listen to the response and document the balanced reason for the outcome.
Assess the relevance before withdrawing the offer.
HR + SAFETY can review the role, check eligibility, structure the applicant discussion and document a fair, proportionate recruitment decision.
Discuss a DBS recruitment decisionUse the Update Service within its limits
The Update Service supports standard and enhanced certificates, not basic checks. The individual owns and manages the subscription. An employer needs their consent, must remain legally entitled to the same level of check, and must confirm that the certificate covers the same workforce and appropriate barred-list information.
Before the first status check, the employer must have verified identity and seen the original paper certificate in person, or have reliable confirmation from the recruiting organisation that it did so. Viewing a copy or certificate over a video call is not enough under the current DBS guidance.
There is no prescribed status-check frequency. Set a risk-based schedule using the role, safeguarding consequences, regulator expectations and organisational policy. DBS does not notify employers when status changes, so the schedule must identify who completes checks and what happens when the service says new information exists. That result normally means discussing the position and obtaining a new certificate; it does not reveal the new information itself.
Store the decision, not an unnecessary certificate copy
DBS certificate information is sensitive criminal-record data. Restrict access to authorised people, use it only for the purpose explained to the applicant and keep it secure. The DBS employer guidance says certificate information should usually be destroyed after a suitable period, normally no longer than six months, unless a lawful and documented exception applies.
After secure destruction, the organisation may retain a limited record: the certificate subject, issue date, check type, position, certificate reference and recruitment decision. Avoid copying the complete certificate into a general personnel folder or emailing it between managers. Registered bodies and organisations using umbrella arrangements should maintain a written handling policy covering storage, access, retention and secure disposal.
Ten-point DBS employer checklist
Test the process using the next vacancy. Could the recruiting manager explain why that role qualifies for the selected check, what the certificate does not prove and how any disclosed information will be assessed? If not, pause before submitting the application.
- Describe the real duties, contact, frequency and setting of the role.
- Confirm whether a check is required and record the lawful level.
- Request only the relevant workforce and barred-list information.
- Tell applicants about the check and filtering rules at the outset.
- Verify identity through the prescribed application process.
- Inspect the original certificate and confirm its scope and issue date.
- Discuss disclosed or disputed information before deciding.
- Assess relevance, circumstances, time elapsed and possible safeguards.
- Use Update Service checks only with consent and matching eligibility.
- Restrict, record and securely destroy certificate information on time.
A defensible DBS process starts with lawful role eligibility, uses the correct check, verifies the original certificate and makes a fair risk-based decision. It complements wider safer recruitment; it does not replace it.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.