DBS check

Also called Disclosure and Barring Service, Criminal record check

A criminal records check, at one of several levels, available only where the role legally qualifies.

What it means

The Disclosure and Barring Service provides basic, standard and enhanced checks. Basic is available for any role; standard and enhanced are only lawful for specified roles, mainly those involving regulated activity with children or vulnerable adults.

Enhanced checks may include a check against the barred lists.

Why it matters

In care, education, health and related sectors it is a legal requirement and a regulatory one, and inspectors check it.

Requesting a level of check a role does not qualify for is itself unlawful, and over-checking is a real compliance risk in its own right.

What it looks like in practice

Establish eligibility for the level before applying — the DBS publishes eligibility guidance.

Set a policy on renewal frequency; there is no automatic expiry, and the Update Service allows a certificate to be reused and rechecked online where the level and workforce match.

Handle the certificate information under a written policy, retain it only as long as necessary, and treat it as special category data under GDPR.

What to watch out for

Assuming a certificate remains accurate. It is a snapshot.

Blanket refusal to employ anyone with a record, which can be indirect discrimination and is contrary to the guidance on filtered and spent convictions.

Where to get proper advice

The DBS eligibility guidance on GOV.UK, and your sector regulator — in care, the CQC's requirements sit on top of the DBS rules.