What is a DBS check? – How does it protect women and girls?

A DBS check is a way for employers and voluntary organisations to find out information that helps them recruit adults to jobs where they are working with children or vulnerable people.

The Disclosure and Barring Service (DBS), formerly known as the Criminal Records Bureau (CRB), is the UK government organisation designed to help employers make safer recruitment decisions. It plays a critical role in safeguarding vulnerable groups, including women and girls, from individuals who may pose a risk. However, despite its intentions, the DBS system is often misunderstood and, at times, criticised for its flaws. This article aims to provide you with an understanding of the DBS system, how it works, its limitations, and why it’s not the foolproof solution many assume it to be.

Why the DBS System Was Introduced

The DBS system was established in response to the case of the Soham Murders, where Ian Huntley was convicted of the murders of two young girls, Holly Wells and Jessica Chapman, in 2002. Huntley had been employed as a school caretaker, despite having a history of sexual offences that were not known to his employers at the time. The public outcry that followed highlighted the need for a more robust system to prevent individuals with a history of harmful behaviour from working with vulnerable people. The DBS was introduced to close this gap, offering employers a tool to screen potential employees for any criminal history that could indicate them being a risk to children and vulnerable adults.

What is a DBS check?

The primary function of the DBS is to help employers make informed decisions about the suitability of individuals for certain roles, particularly those involving trust, care, and responsibility. By providing access to criminal records and other relevant information, the DBS aims to prevent unsuitable people from working in positions where they could exploit their role to harm others.

How to Obtain a DBS Certificate

Obtaining a DBS certificate involves a straightforward process, but the type of check you need depends on the nature of your job or role. There are four main types of DBS checks, each serving a different purpose:

• Basic Check: This is the most straightforward level of check, revealing any unspent convictions and conditional cautions. It is typically used for roles that do not involve direct interaction with vulnerable groups. Individuals can apply for a basic check themselves, and it is usually completed within 14 days.
• Standard Check: This level includes both spent and unspent convictions, cautions, reprimands, and final warnings. It is used for positions of trust that do not involve direct work with children or vulnerable adults. Only employers or licensing bodies can apply for a standard check.
• Enhanced Check: This is required for roles involving close contact with children or vulnerable adults. In addition to the information provided in a standard check, an enhanced check includes any additional information held by local police that is considered relevant to the role.
• Enhanced with Barred Lists Check: This is the most comprehensive type of DBS check. It includes everything in an enhanced check plus a search of the DBS barred lists, which are lists of individuals who are barred from working with children or vulnerable adults.

The Different Types of DBS Checks

Understanding the different types of DBS checks is crucial for both employers and employees. The type of check required will depend on the nature of the job and the level of interaction with vulnerable groups. Here’s a closer look at each:

Basic DBS Check:

• Purpose: Suitable for roles that do not involve working with vulnerable groups.
• What It Includes: Unspent convictions and conditional cautions.
• Who Can Apply: Individuals can apply themselves.

Standard DBS Check:

• Purpose: Used for roles of trust that do not involve direct work with vulnerable groups.
• What It Includes: Spent and unspent convictions, cautions, reprimands, and final warnings.
• Who Can Apply: Employers or licensing bodies must apply.

Enhanced DBS Check:

• Purpose: Required for roles involving regular or close contact with children or vulnerable adults.
• What It Includes: All information from a standard check plus any additional relevant information from local police.
• Who Can Apply: Employers or licensing bodies must apply.

Enhanced with Barred Lists Check:

• Purpose: Required for roles that involve a high level of trust and responsibility, such as teaching, healthcare, and childcare.
• What It Includes: All information from an enhanced check plus a check against the DBS barred lists.
• Who Can Apply: Employers or licensing bodies must apply.

What Shows Up on a DBS and What Doesn’t:

A DBS check can reveal a range of information, depending on the type of check conducted. However, it’s essential to understand what does and doesn’t appear on these checks:

• Unspent Convictions: These are always shown on a DBS check.
• Spent Convictions: These may be shown on standard and enhanced checks, depending on the nature of the offense and the time elapsed since the conviction.
• Cautions, Reprimands, and Warnings: These can appear on standard and enhanced checks.
• Additional Police Information: This can be included in enhanced checks if the local police consider it relevant to the role.
• Barred Status: This appears on an Enhanced with Barred Lists check, indicating whether an individual is barred from working with children or vulnerable adults.

However, not all offenses or concerns will appear on a DBS check. For example:

• Unreported Offenses: If an individual has committed an offense but has not been caught or convicted, this will not show up on a DBS check.
• Offenses Below the Disclosure Threshold: Some minor offenses or those considered irrelevant to the role may not appear on a DBS check.

Why the DBS System Is Flawed

While the DBS system serves an essential purpose, it is not without its flaws. One of the most significant criticisms is that it can only provide information about known offences. If an individual has never been caught or convicted, their DBS check will come back clean, even if they have a history of harmful behaviour. This limitation means that the system cannot prevent every unsuitable individual from working with vulnerable groups.

Another issue is the potential for discrimination. Employers may be hesitant to hire someone with a criminal record, even if the offense is minor and irrelevant to the role. This can lead to individuals being unfairly excluded from employment opportunities, even after they have served their time and rehabilitated.

Additionally, some offences can be removed from a DBS certificate after a certain period, which could allow individuals with a past of harmful behaviour to work in roles that they shouldn’t. However, it’s important to note that some offences will always appear on a DBS certificate, regardless of how much time has passed. For example, on the list of offences that will always remain on a DBS certificate no matter how much time has passed, over 140 relate to sex offences.

Which Offences Will Always Show Up on a DBS Certificate

Certain offenses are deemed so severe that they will never be removed from a DBS certificate. These include:

• Safeguarding Offenses: Any offense related to the safety and well-being of children or vulnerable adults.
• Sexual Offences: Over 140 sexual offences, including rape and sexual assault, are listed on the government’s list of offences that will never be filtered from a DBS certificate.
• Violent Offenses: Assaults, particularly those involving children or vulnerable adults, will always appear on a DBS certificate.

This list of offenses ensures that individuals with a history of severe criminal behavior cannot work in roles where they could pose a risk to others.

Key Takeaways

1. The DBS system was introduced to prevent unsuitable individuals from working with vulnerable groups.
2. There are four types of DBS checks, each revealing different levels of information depending on the role.
3. Not all offenses appear on a DBS check, and the system cannot prevent every unsuitable individual from working with vulnerable groups.
4. Certain severe offenses, including safeguarding and sexual offenses, will always appear on a DBS certificate.

The DBS system is a critical tool in safeguarding vulnerable groups, including women and girls, from individuals who may pose a risk. However, it is not without its limitations. While the system can provide valuable information to employers, it is not foolproof and cannot prevent every unsuitable person from working with vulnerable populations. Employers must use the DBS system as one part of a broader strategy for safeguarding and should not rely solely on a clean DBS check as proof of an individual’s suitability for a role.

This article is an adaptation of part of a chapter from the upcoming book It’s All Your Fault. Click to find out more.