How to do a DBS check: The ultimate guide for employers

In the 2023–2024 financial year, the UK government processed almost 7.4 million disclosure and barring service (DBS) checks to help employers make safer hiring decisions.

It is essential that any employer that hires people who work with vulnerable individuals or groups understands this process, so those people can be safeguarded. Failing to arrange a DBS check could mean you or your institution is shut down by a governing body, faces legal fees, and reputational damage.

This guide will cover how to do a DBS check as an employer, including advice on which employees may need a DBS certificate, and what the checks look for. Discover which level of DBS check is required for a specific role, and why this is important.

What is a DBS check?

A DBS check is a form of background check that focuses on uncovering any former convictions, cautions or other relevant police records. This helps prevent unsuitable individuals from working in certain jobs, such as those that involve working with children or vulnerable adults.

There are various levels of DBS checks, and the one your employee will need depends on the nature of their role. Employers should be aware that DBS cannot access criminal records from overseas, so further checks may be required if the employee has ever lived or worked in another country.

When do I need to get a DBS check for an employee?

A DBS check may be required for applicants for any role that involves working with vulnerable people. This could include working with children, the elderly, and in the healthcare industry. Any employer has the right to request a basic DBS check, which discloses conditional cautions and unspent convictions, for any position or purpose, provided there is a legal basis for this.

Certain roles may also require a more advanced DBS check, which further discloses spent cautions and convictions. These types of roles may include prison officers, solicitors, certified accountants, and officers of the court.

Employers can request a DBS check once they have made a provisional job offer to a prospective employee. There must be a legal basis for doing so, and the job role must meet the DBS check eligibility criteria. Once the DBS certificate has been issued, the employee will be able to start their new role.

What type of DBS check do I need as an employer?

The type of DBS check you need depends on the specifics of the role, and whether it is classed as “exempt”. In most cases, individuals are not required to disclose convictions classed as “spent”, and employers are not allowed to ask them to. Exceptions to this rule are set out in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975. A more in-depth level of DBS check may be required for employers recruiting for roles that are listed within the Exceptions Order.

There are four levels of DBS check that can be requested, depending on the nature of the role. These include:

• Basic DBS check: Discloses only conditional cautions and unspent convictions
• Standard DBS check: Also discloses spent convictions
• Enhanced DBS check: Also includes any additional information on the individual held by the police that is relevant to their role
• Enhanced DBS check with barred list check: Also indicates whether the person is on either the children’s barred list or the adults’ barred list, or both.

Enhanced DBS checks can only be requested for roles that are included in both the Exceptions Order and the Police Act 1997 (Criminal Records) Regulations 2002.

How to get a DBS check for an employee

There are two distinct processes to do a DBS check as an employer, depending on the level of check the role requires.

To get a basic DBS check for an employee:

1. Choose a company to process your request from the list of registered responsible organisations
2. Pay a fee of £21.50, plus any administration costs requested by that company
3. Once the DBS check is complete, you will be informed of the results
4. The applicant will also receive a copy of their DBS certificate by post.

If your business performs more than 1,000 basic DBS checks in a year, you can apply to become a responsible organisation. You can contact DBS at [email protected] to find out how.

To get a standard or enhanced DBS check for an employee:

1. If you perform fewer than 100 checks a year, check the list of companies registered as umbrella bodies. They will carry out the DBS check on your behalf. If you perform more than 100 checks per year, you can still do this, or you can apply to register as an organisation with the DBS
2. Ask the umbrella body (or the DBS directly if you are a registered organisation) for an application form
3. Give the form to the applicant to fill in and return to you, alongside the required documents to confirm their identity
4. Send the completed application to your umbrella body or directly to the DBS, along with the fee. This is currently £21.50 for a standard DBS check and £49.50 for either type of enhanced DBS check
5. Once your applicant has received their DBS certificate, you must ask them to show it to you
6. If it is a genuine certificate, they can start their new role.

How long does a DBS check take?

For a basic DBS check, it’ll typically take no more than 14 days for the applicant to receive their certificate. If the role requires a standard or enhanced DBS check, you may need to wait around eight weeks.

The exact amount of time depends on:

• What police forces need to be involved
• The type of DBS check
• Whether the details given by the applicant are all correct

You can track your DBS check application online.

Do employers need to repeat DBS checks?

There is no expiry date on a DBS check, so many employers will not need to repeat the process. However, new checks may be necessary if:

• An employee moves into a new role
• The role is particularly sensitive
• The industry has specific guidelines as to when repeat DBS checks are required.

Once you have a DBS certificate for an employee, you can also use the DBS Update Service to check it for any recent changes to their criminal record. You are required to get the consent of the individual to use the Update Service to carry out a status check.

What other checks are employers allowed to carry out on job applicants?

All employers in the UK are required by law to confirm applicants have the right to work in the UK. Any employer who fails to do so, or who cannot show evidence of doing so when requested, runs the risk of being fined up to £20,000. From 2020, EU citizens and their families are also required to apply for settled status to prove their eligibility to work in the UK.

Depending on the role, employees may also be required to undergo health checks. These can only legally be requested by an employer if they directly affect the employee’s ability to do the job, or if the role requires it.

Examples include:

• Requiring regular eye tests for commercial drivers
• Requiring health checks for employees performing a physical role to avoid invalidating your insurance

Whatever checks you perform, you are required by law to follow data protection rules and not disclose any personal information about an employee.

DBS checks FAQs

You should now have a better understanding of DBS checks and your responsibilities as an employer to ensure you stay compliant with the law. To tie up any loose ends, here are a few of the most frequently asked questions regarding DBS checks.

Do I have to store DBS certificate information?

You should initially store DBS certificates for a suitable period, usually no longer than six months. During this time, it is essential to store DBS certificates and any information taken from them securely. The information revealed on a DBS certificate should also only be kept for the specific purpose it was obtained.

What is the cost of registering as an organisation with DBS?

The cost of registering as an organisation with DBS is currently £300, with an additional £5 fee per counter signatory to be registered. The fee is only taken once all pre-registration checks have been completed and you have been invited to apply. Only companies that carry out 100 or more standard or enhanced DBS checks per year can register as an organisation, and must demonstrate how they intend to meet this target each year.

What rights do applicants have when it comes to DBS checks?

For most areas of employment, applicants have the right not to disclose any cautions or convictions classed as spent. It is illegal to refuse to employ someone who has been classed as rehabilitated on grounds of a spent conviction, unless it is for an area of employment classed as exempt under the OA 1974 (Exceptions) Order 1975. For exempt roles, applicants have a legal obligation to reveal spent convictions if asked.

What is the DBS code of practice?

The DBS code of practice is a legal document that forms part of the Police Act 1997. It sets out the legal obligations of all companies and organisations that use DBS checks. It ensures applicants are not unfairly discriminated against and that any information about criminal records is used fairly.

Registered bodies are required under this code of practice to:

• Have written policies on the recruitment of ex-offenders
• Have systems in place to ensure sensitive information is appropriately and securely handled
• Ensure the information is both stored and disposed of securely

Non-compliance can result in your organisation having your registration suspended or cancelled.