A contractor’s guide to DBS checks

DBS Checks, also known as Police Checks. Why do contractors need such Criminal Record Checks?

Many contractors work in jobs that require a DBS check — also called a ‘police check’ or ‘criminal records check.’ Those names fit the bill because in England and Wales, a DBS check does exactly that — it’s carried out by the Disclosure and Barring Service and it’s a snapshot of a person’s criminal record or convictions, writes Better Hiring Institute chair Keith Rosser, a director at Reed Screening.

DBS check? Police check? Criminal records check? All one and the same

If you’re reading this outside of England and Wales, and are going forward for work, then your ‘police check’ isn’t called a DBS check because it won’t be carried by the DBS; it’ll be carried out by Disclosure Scotland, or in the case of Northern Ireland, it will be carried out by Access NI.

So if you want to use a term that applies across the UK, then it’s ‘police checks’ or ‘criminal record checks’ and that’s what this guide (despite its title) will focus on.

Right, now we’ve checked the checks…

What sort of jobs do DBS checks cover?

The jobs covered by DBS checks could include employment opportunities relating to work in schools, care homes or in roles with extra responsibilities, particularly working with the vulnerable.

Even those contractors who don’t automatically need a criminal records / police check may find that a ‘basic’ DBS check could be a neat way of providing extra assurance to the firms that they are contracting for.

Here, exclusively for ITContracting.com I will answer some of the key and most frequent questions that contractors tend to have about DBS checks.

Who provides the checks?

As said at the top, that depends on where in the UK you are working!

• England and Wales: the Disclosure and Barring Service (DBS)
• Scotland: Disclosure Scotland (DS) — of which I am a non-executive board member, and;
• Northern Ireland: Access Northern Ireland (ANI).

As you would expect, the identity of which authority will run your criminal records check largely depends on where the employer — or ‘client’ to use contractor terminology — is based.

What is a DBS check?

In England, a DBS check (or police check in Scotland or Northern Ireland) is a report that will tell anyone who employs you about your criminal background. It’s also sometimes called a police certificate.

Employers can’t automatically see everything that is held on your record.

What information is given to them will depend on the type of work that you are going forward for or are already doing.

Why is a DBS check, also known as a police check, important?

Employers need to be confident that anyone working or contracting for them does not pose a risk to their organisation or to those that they provide services to.

Information on a DBS check or police check is a key part (but not the only part) of properly assessing that risk.

A BBC News article (‘Call to tighten law enabling sex abusers to work as tutors – BBC News) showed why this is important, but also how the checks process can be complex for flexible working models.

How do I get a DBS check or criminal records check?

If you need a basic DBS check for yourself (more information about the levels of check can be found below), so that you can show it to people you are working for, you can do this on the relevant body’s website.

You’ll need one of these three links:

• Request a basic DBS check – GOV.UK
• Apply for basic disclosure – mygov.scot
• Apply for an AccessNI check | nidirect

Organisations that you work for can also request a basic check for you, but the organisation will need your consent first.

If the work that you are doing qualifies for a standard or enhanced DBS / police check, then you cannot apply for this yourself and instead, the organisation you are doing work for will need to do it for you – again though, with your consent.

Even though they have made the application, the result and certificate will still only go to you.

What about contractors and DBS checks?

This is where DBS checks and the like can get a little more complicated!

First, the easy part. For a basic check, anyone can apply for these.

For standard and both levels of enhanced check (there are two), only organisations can apply for these on behalf of a contractor.

By ‘organisations’ I mean it could be the recruitment agency, or in some cases, it may be the end-client.

Self-employed DBS checks are an imperfect system set to be looked at

Unfortunately, this is a far from perfect system as it often slows down the hiring process for contractors and adds cost and complexity.

In this sense, DBS checks or criminal record checks are part of the challenge that being ‘self-employed’ entails.

Somewhat reassuringly, my talks with officials indicate that the checks system is very likely to find itself on the table for a review, meaning there’s the potential for it to change in the near future. But for the moment it’s imperfect.

What level of DBS check should I get?

There are 4 levels of police or DBS check: basic, standard enhanced, and enhanced with barred list(s).

The level of check you can have depends on the work that you are doing:

Basic DBS check. Anyone can have a basic check, for any job.

Standard DBS check. Jobs or work with additional responsibility would qualify for a standard check. Examples of this would be work in the legal profession, law enforcement and some roles in financial services.

Enhanced DBS check. Anyone working in places where children or vulnerable adults are provided for (e.g. a school or a care setting) qualifies for an enhanced check.

Enhanced with ‘barred lists’ DBS check. Anyone providing direct care or supervision for children or vulnerable adults qualifies for an additional check of the barred list relevant to the group(s) they are working with; children, adults or both.

Who can see the results, and what does the DBS certificate contain?

All levels of DBS check produce a certificate but what the certificate contains — the result — is your personal information. In other words, the disclosure certificate following your check is sent directly to you and nobody else.

Even if an organisation has made the application, the result and disclosure details will still only go to you.

The organisation will only be notified if your check is clear or if it contains information. They won’t be told, by the disclosure body, what that information is.

What will be on my police checks?

Basic checks will only show ‘unspent’ convictions and cautions.

Standard checks will show the same as basic checks plus ‘spent’ convictions and cautions.

Enhanced checks will show the same as standard checks, plus relevant non-conviction information.

And, as outlined above, if your job qualifies for it, the check will show if you are included in the list of people barred from working with children or vulnerable adults or both.

N.B. ‘Spent’ convictions do not show on a basic DBS check, and candidates need not disclose a spent conviction unless going forward for a role requiring a Standard or both Enhanced checks.

How often do I need a new DBS check?

Police checks, also known as DBS checks, do not have an expiry date.

It’s up to the organisation you are working for to decide how often the check needs updating. Best-practice generally, is to complete a new check every 1-3 years

Do contractors need a new DBS check every time they get a new job?

Again, this is up to the organisation you are doing work for.

Employers /clients are allowed to accept a check that you obtained in a previous job, but be aware — not all choose to do this.

If you are working in England and Wales, then the DBS provides an “Update Service” where, for a small subscription fee, you can allow organisations to run a current check on your most up-to-date certificate.

Finally, more help and information on DBS/police/criminal record checks

There is information available through the Criminal Records Trade Body (CRTB) of which I am chair, and the Better Hiring Institute (BHI), of which I am also the chair. There’s also official guidance on .gov, and social justice charities such as NACRO and Unlock provide helpful resources too.

DBS checks: the future

There has been talk for a while in the Department for Business and Trade, the Home Office, and the Disclosure and Barring Service on clarifying the rules which govern criminal record checks, specifically for those people in non-permanent work, such as contractors and the self-employed.

There are key policy areas relating to the gig economy, contracting, and other forms of flexible work that need further development and DBS checks, police checks and criminal record checks — whichever term best applies in your case, are no exception, making them a key part of the hiring process which various government departments know they need to wrestle with to make better.