The Disclosure and Barring Service (DBS) replaced the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) in 2012. The DBS exists to allow employers and regulatory bodies to make informed decisions whilst recruiting prospective employees by giving them access to their criminal record history.
If you are an organisation which interacts with or works directly with children or vulnerable adults, it is essential that you request applicants get a DBS check prior to offering them employment. It may be that any convictions recorded do not adversely affect the decision you make as to whether you will offer them employment, but it is given to aid you in this process.
Certainly, there will be some occasions when an individual will be barred from working with vulnerable groups. The DBS enhanced check will also contain any arrests that did not result in a conviction which will potentially result in a rejection, when no conviction was confirmed. It can be confusing as an employer when deciphering a DBS certificate, so it is important you understand how the service works.
If an applicant has previous convictions which you are concerned about, Duncan Lewis Regulatory Fitness to Practice solicitors can assist you in understanding what each record means in the DBS certificate, to help you make a more informed decision.
As an organisation listed in the Exceptions Order (1975) to the Rehabilitation of Offenders Act (1974) as amended by the Protection of Freedoms Act (2012), you will be entitled to request a DBS certificate from all prospective employees, however if you wrongly request it when your organisation is not entitled to it, then you may be subject to legal proceedings, potentially leading to damages awarded against you.
It is important to understand your rights as an employer in regards to DBS checks, which Duncan Lewis Regulatory Fitness to Practice solicitors can advise you on.
If you have any DBS professional regulatory queries, call Duncan Lewis Regulatory Fitness to Practice solicitors on 0333 772 0409.