Examples of template emails to challenge an ineligible DBS checks

Aim of this information

When you’ve been offered a job, knowing that an employer is going to carry out a formal criminal record check can be quite scary.

If your criminal record is spent and the employer does a basic check then you’ve got very little to worry about. However, if you discover that your employer will be doing a standard or enhanced DBS check for a job that’s only eligible for a basic, then you’re likely to be concerned about what will show up.

This information provides examples of templates that you can use if you are being asked to undergo a level of DBS check that you don’t think the role isn’t eligible for.

This information forms part of our disclosing to employers section.

Why is this important?

If you believe that your employer is intending to carry out an ineligible check then it could be worth having a conversation with them; it might be an innocent mistake on their part.

If you’ve tried raising it with them and it’s made no difference, or you don’t feel able to bring it to their attention, then it’s worth raising a query through the DBS.

Examples of emails challenging an ineligible check

Person one – Sarah

Dear Sir/Madam

RE:  APPLICATION ELIGIBILITY QUERY – URGENT

I wish to raise an eligibility query with the DBS in relation to a recently submitted application for a standard DBS check, the details of which are as follows:

[Full name, address, date of birth, position applied for, name of organisation or registered body and DBS reference number]

I have recently been offered the role of administrator for Employer A who work on IT contracts for a range of companies. Employer A has recently applied for a standard DBS check on the basis that they carry out some contracts for the NHS. From my job description (see attached) and knowledge of the role, I believe that this role would only be eligible for a basic DBS check. I set out below my reasons for querying eligibility:

1. From the research I have carried out, my position is not included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 which would make it eligible for a standard DBS check.
2. Although I work on NHS contracts, I am based in an office on a business park not in a hospital or healthcare setting. During the course of my work, I would have no contact with patients or their medical records.
3. I have used the online DBS eligibility tool checker which states that my role would only be eligible for a basic DBS check.

Based on the above information I believe that my role of administrator with Employer A would only be eligible for a basic DBS check.

I would like the DBS to undertake an investigation as to the eligibility of this check and, until such time as an outcome has been determined, I would like the application for a standard DBS check to be put on hold.

Yours faithfully

Sarah Smith

Person two – Hassan

Dear Sir/Madam

RE:  APPLICATION ELIGIBILITY QUERY – URGENT

I wish to raise an eligibility query with the DBS in relation to a recently submitted application for an enhanced DBS check; the details of which are as follows:

[Full name, address, date of birth, position applied for, name of organisation or registered body and DBS reference number]

I have recently been offered the position of bus driver for Employer B and a request for an enhanced DBS check has been submitted by ABC Registered Body. Based on the job description I have been given (see attached) I believe that my role would only be eligible for a basic DBS check for the following reasons:

1. Employer B has stated that I will be working as a bus driver in the ‘Adult and Children Workforce’. However my position is not included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 nor the Police Act 1997 (Criminal Records), the legislation which makes it eligible for an enhanced check.
2. Although Employer B have a contract with the local council to provide buses for various school runs, this will not form part of my role, as can be seen from the enclosed job description.
3. I do not carry out any regulated activity with children or adults and I do not manage or supervise anybody that does carry out regulated activity.

Based on the above information I believe that my role of bus driver with Employer B would only be eligible for a basic DBS check.

I would like the DBS to undertake an investigation as to the eligibility of this check and, until such time as an outcome has been determined, I would like the application for the enhanced DBS check to be put on hold.

If you require any further information please feel free to get in touch with me.

Yours faithfully

Hassan Yacoub

Person three – Peter

Dear Sir/Madam

RE:  APPLICATION ELIGIBILITY QUERY – URGENT

I wish to raise an eligibility query with the DBS in relation to a recently submitted application for an enhanced DBS check, the details of which are as follows:

[Full name, address, date of birth, position applied for, name of organisation or registered body and DBS reference number]

I have recently been offered the position of accountant for a large housing association, Employer C, and a request for an enhanced DBS check has been submitted. Based on the job description I have been given (please see attached) I believe that my role would only be eligible for a standard check for the following reasons:

1. Employer C have stated that I will be working as an accountant in the ‘Adult Workforce’. Although my position is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 which would make it eligible for a standard check, it is not included in the Police Act 1997 which makes it eligible for an enhanced check.
2. Employer C provide housing and maintenance services to residents living in the Leeds area. They also offer support services to their residents, some of whom may be considered vulnerable. However, my role is an office based one, dealing with the corporate affairs of the organisation and, during the course of my work I will have no contact with any of Employer C’s clients.
3. Since qualifying as an accountant 10 years ago, I have been employed by three companies. Two of these have requested basic checks and one a standard. It’s not normal practice for an accountant to have an enhanced DBS check, for the reasons set out above.

Based on the above information I believe that my role of accountant for Employer C would only be eligible for a basic DBS check.

I would like the DBS to undertake an investigation as to the eligibility of this check and, until such time as an outcome has been determined, I would like the application for the enhanced DBS to be put on hold.

Yours faithfully

Peter Jones

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

• Stopping unlawful and ineligible checks

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

• Disclosure and Barring Service

More information

1. For practical information – More information can be found in our disclosing to employers section.
2. To discuss this issue with others – Read and share your experiences on our online forum.
3. Our policy work – Read about the policy work we’re doing on stopping unlawful checks.
4. Questions – If you have any questions about this, you can contact our helpline.

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