Tulaya contacted the Unlock helpline for some disclosure advice following a job offer with an organisation providing English and Maths tuition to refugees. She explained that in 2018 she had received a caution for cruelty and neglect of a child and placed on the Children’s Barred List.
Tulaya explained that she had worked in similar roles in the past and had only ever been asked for a basic DBS check. However, this particular employer had told her that they would be carrying out an enhanced DBS check and she was concerned that her caution would be disclosed and that she could potentially be breaking the law by working in the role as she was on a barred list. She also shared a copy of the organisations recruitment policy which stated:
“Staff who disclose that they have been convicted of any offence relating to children or young people will not be permitted to work at XXX”
With this in mind, Tulaya wanted to know whether it was even worth her pursuing this position.
We explained to Tulaya that her caution would appear on her enhanced DBS certificate as the offence she had been cautioned for, wasn’t filterable. However, as she would only be working with adults and wasn’t on the Adults Barred List, there was nothing stopping her from working in this particular position.
We also advised her that in our opinion, the job she had been offered would not be eligible for an enhanced DBS check and we suggested that she raise this as an ineligible check query with the DBS.
Following our advice, Tulaya agreed to the enhanced DBS check but was concerned to see that her employer had stated on the DBS application form that she would be working at the organisations Head Office in a role within the Child and Adult Workforce. She raised her concerns with the employer who confirmed that Tulaya would be home-based and would only be working with over 18’s. They told her:
“Our DBS form is hard coded and all staff, volunteers and trustees are automatically listed as working in both the Child and Adult workforce.”
Tulaya included copies of all correspondence she had received from the employer to back up her eligibility query with the DBS.
After several weeks she was informed by the employer that they had withdrawn the enhanced DBS check and asked her to provide them with a copy of a basic DBS. Once she handed this over to the employer, her start date was confirmed.
Notes
- This case relates to Unlock’s helpline.
- Names and details have been changed to protect the identity of those involved.
- Published July 2023.
