Eligibility for DBS Checks: Our guide

Eligibility for DBS Checks is changing.

The DBS have recently updated their eligibility criteria to include a new National Health Service (NHS) role among others.

It more important than ever to be aware of the regulations surrounding eligibility for DBS Checks so you fully understand your role and responsibilities.

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Determining eligibility for DBS Checks

The Disclosure and Barring Service (DBS) provide Standard and Enhanced Disclosures throughout England and Wales.

Eligibility is determined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Police Act 1997.

Only certain roles are eligible for a DBS Check.

The level of check determines which legislation needs to be considered. For example, a Standard Check requires the position to be included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

If the position is included in the former as well as the Police Act 1997 then an Enhanced Check is required.

When specifically listed in the Police Act 1997 as a role requiring a check against the Barred List/s, an “Enhanced Check with Barred List/s” is necessary.

Bear in mind, these acts do not provide a list of specific job titles but rather provide a list of roles and duties for which a DBS Check would be eligible.

It is important to bear in mind that roles and duties can be added to the legislation as well as removed.

Consequently it is important to check the latest version of each piece of legislation when investigating the eligibility for DBS Checks of your applicants.

Legal accountability when applying for a DBS Check

Any organisation that requests for an applicant to get an Enhanced or Standard DBS Check is legally responsible to make sure they are eligible to do so.

Here at CRB Check Online we act as your countersignatory for each of your applications – ensuring their eligibility for DBS Checks.

When countersigning applications we review each case on the information delivered by the requesting organisation.

We won’t countersign them unless we believe they are eligible for the check requested and that current legislation supports the application.

What is the annex?

The annex is a table designed to be used alongside the legislations.

It lists roles and duties that have eligibility for DBS Checks.

Do remember though that the annex does not list which level of check is suited for each role. That must be found within the legislation(s) mentioned above.

Also the annex isn’t specific as to whether or not a job needs a DBS certificate.

All legal requirements are set within legislation and others are determined by regulating bodies.

Checking with your regulating body is advised if you are unsure as to whether a job requires a DBS certificate.

At CRB Check Online we appreciate that the legislation surrounding eligibility for DBS Checks can seem complicated.

Consequently, we’re committed to ensuring that the process of DBS Checking is as straightforward as possible for you.

For further assistance or if you have any questions please do not hesitate to use our live chat facility on CRB-Checkonline.co.uk or give us a call on 0800 197 8858.

 

Helpful Links:

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Police Act 1997

DBS Website