Skip to main content
For people with criminal records
For people with criminal records

Tag: Criminal record checks for employment

Latest news about the Disclosure and Barring Service

Over the course of the next 12 months the Disclosure and Barring Service are planning to introduce several changes that might be important to people with convictions.

Basic criminal record checks

From autumn 2017, you will be able to apply to the DBS for a basic criminal record check if you live or work in England or Wales.

These checks are currently managed by Disclosure Scotland who will continue to process them for anyone living or working in Scotland.

A basic criminal record check shows unspent cautions and convictions and is used by many employers as part of their recruitment process. If you’re self-employed you can apply for a basic check for yourself.

There’ll be more details on this over the next couple of months, and we’ll post these under the basic tag.

Standard and enhanced criminal record checks

The DBS intend to introduce online standard and enhanced checks which will allow employers and organisations to:

  • Create an online account with the DBS
  • Manage DBS applications online
  • Track the progress of DBS applications online and do status checks

Standard and enhanced checks show spent and unspent convictions (other than those which are eligible for filtering), plus additional information that the police may hold.

You can use the DBS eligibility tool to establish which criminal record check is right for the job you’re applying for.

DBS compliance visits

The DBS will soon be starting a programme of work which will involve assessing the levels of compliance for all Registered Bodies (RB’s). By using responses to self assessment questionnaires and data from applications that have been submitted, together with inspection visits Registered Bodies who are non-compliant will be identified.

The DBS state that they will provide support and guidance to those non-compliant RB’s, but will take steps to suspend or cancel RB’s who are unable to comply with the obligations set out in the DBS Code of Practice.

Hopefully, this will mean that we will see less RB’s requesting ineligible checks which can result in an RB receiving information they are not legally entitled to see and possibly an applicant being inappropriately investigated for trying to work in an activity they are barred from.

If you’ve come across an organisation that you believe has carried out an ineligible check please let us know by emailing advice@unlock.org.uk with the details.

For more information

  1. For practical self-help information – More information is available on our criminal record checks for employment section.
  2. Questions – If you have any questions about this, you can contact our helpline.
  3. Policy – Read about the policy work we’re doing on stopping unlawful/ineligible DBS checks.

New eligibility tool by the DBS – How you can establish what level of check an employer is allowed to carry out

The most nerve-racking part of applying for a job if you have a criminal record can be finding out that an employer will be doing a criminal record check.

Sometimes this can be the first mention of criminal records in the recruitment process, or you might have already had to self-disclose but you weren’t sure exactly of the detail.

It can be particularly unsettling if the employer doesn’t make it clear what level of check they’ll be doing.

That’s why we’ve just updated our information on establishing what level of check an employer can carry out. This should help you to work out for yourself what check an employer can do for the job that you’re applying for. In particular, this covers a process that we’ve put together, and now includes the details of an eligibility tool which has recently been published online by the Disclosure and Barring Service. By answering a series of questions, the eligibility tool should help you to quickly check whether a role you are applying for is eligible for a standard or enhanced DBS check.

If you’ve gone through the establishing eligibility process and are confident that an employer could be doing an ineligible check, then you should challenge this through the DBS.

For more information

  1. For practical self-help information – More information is available on our criminal record checks for employment section.
  2. Questions – If you have any questions about this you can contact our helpline.
  3. Policy – Read about the policy work we’re doing on stopping unlawful/ineligible DBS checks.

Is it always necessary to have an enhanced DBS check if you’re working as a contractor in a school or care home?

Our helpline often receives calls from individuals who, as part of their work, are required to go into schools or care homes (for example plumbers and electricians). Many employers will insist that you have an enhanced Disclosure and Barring Service check with a check of the barred list because of the type of establishment that you will be working in. But, are employers always entitled to do this level of check?

The DBS offer three levels of criminal record check:

  1. Standard
  2. Enhanced
  3. Enhanced with a check of the children’s barred list, the adults barred list or both

An employer is only entitled to do an enhanced check with a check of the barred list if an individual will be engaging in regulated activity.

The DBS have confirmed that in order to be in regulated activity for children, your role would need to meet the following criteria:

  • Take place in a specified establishment (e.g. a school)
  • The work must be carried out for the purpose of the school
  • The work must be unsupervised
  • The work must involve the opportunity to have contact with children (i.e. there must be children present on the premises at the time the work is carried out).

Therefore if you’re a plumber working in the boiler room of a school and supervised at all times by the school caretaker, then an employer would not be able to do an enhanced check with barring.

However, they may still be able to request an enhanced check without barring. This is because ‘infrequent’ work within a school can entitle eligibility as long as there is the opportunity for contact with children. So, if you’re a plumber who would be working unsupervised in different parts of the school and may come into contact with children, then an employer could ask you to have an enhanced check without barring.

If you’re working in an adult care home, an enhanced check without barring could be carried out providing you were working in the care home once a week or more, four or more times in a 30 day period or overnight and there would be the opportunity for you to come into contact with vulnerable adults.

The DBS have recently launched their eligibility tool which may help you to establish what type of check an employer can do for a job you’re applying for.

If you believe that an employer could be carrying out an ineligible check then you can challenge this through the DBS.

For more information

  1. For practical self-help information – More information is available on our criminal record checks for employment section
  2. Questions – If you have any questions about this, you can contact theHelpline
  3. Employment Project – Find out more information about our Fair Access to Employment project

Don’t assume that a criminal record will automatically stop you from working in prisons

Finding an open-minded employer who is keen to give you a job when you have a criminal record is never easy.

For many people, the answer to this is to try and work for an organisation involved in the criminal justice system. Many believe that their past will be looked upon more positively, whilst others feel that their own personal experience makes them want to ‘give something back’.

We’ve just published some new information on working in the criminal justice sector and prison vetting which looks at the type of vetting you might have to go through if your job involves going into a prison, and how your criminal record may impact on your chances of successfully getting security clearance.

Don’t assume that having a criminal record will stop you from doing this type of work. Your own experience together with your skills and knowledge mean that you’ll bring additional qualities to the role and make you an asset to any employer.

For more information

  1. Our new information – Working in the criminal justice sector and prison vetting
  2. For more practical self-help information – Find out more information on criminal record checks for employment
  3. To discuss this issue with others – Read and share your experiences on our online forum – What does security vetting involve
  4. Questions – If you have any questions about this, you can contact our helpline.

Is it worth applying to your local council for a taxi licence if you have a criminal record?

As anybody with a criminal record knows, finding paid work can be difficult and so, for many, self-employment can be very attractive. If you enjoy driving, then becoming a taxi driver could be one option for you to consider.

You will need an operator’s licence which you can apply for through your local council or from Transport for London (TfL) if you want to work in the capital. You will also usually need:

  • To have held a full UK or EEA driving licence for at least 12 months (3 years in London)
  • An enhanced Disclosure and Barring Service check
  • To be over 18 (21 in some areas)
  • Pass a geographical test
  • Complete a driving skills assessment

For further information visit driving licences for taxi’s and private hire vehicles.

The need for an enhanced criminal record check will often deter people from applying for these types of licences with many individuals assuming they will automatically be refused. But, is this right?

A Freedom of Information request undertaken recently by a Welsh newspaper looked at the number of taxi licences applied for through Cardiff Council. The results showed that they had received over 1,000 applications between January 2012 and September 2016 with 176 of these listing some type of conviction which were considered by the Council’s Public Protection Sub-committee. Of these 176, over 50% of applications were granted a licence.

A spokesperson for the Council said:

Each application is determined on its own merits and consideration is given to the seriousness of the offence, the sentence imposed, whether there is a pattern of offending and any other facts that may be relevant’

Although the FOI report in this instance related to Cardiff Council, our experience from calls to our helpline has shown that significant numbers of people applying for taxi licences who have a criminal record are successful.

There are usually taxi and private hire driving opportunities in every part of the country. Some companies will expect you to own your own car but many will give you the opportunity to rent a car from them. The job allows you to work flexible hours and, with drivers in many towns earning approximately £20K per year for a 40 hour week – this may be just the job for you.

So, if you’re interested in getting a taxi licence, a DBS check shouldn’t be the thing that stops you from applying.

For more information

  1. For practical self-help information – More information is available on our criminal record checks for employment (including DBS) section and A-Z of job roles and their eligibility for basic, standard and enhanced criminal record checks
  2. Questions – If you have any questions about this, you can contact theHelpline.

 

Be aware of what type of criminal record check is being done for the job you’re applying for

Over the last few weeks our helpline has been contacted by several people enquiring about what’s likely to be included in their Disclosure and Barring Service (DBS) checks.

People will often refer to their convictions as being ‘spent’ without appreciating that jobs requiring standard or enhanced DBS checks are exempt from the Rehabilitation of Offenders Act 1974 and that these DBS certificates will disclose both spent and unspent convictions and cautions.

However, since May 2013, many people have been able to benefit from having cautions and a conviction filtered from their DBS certificates which means they no longer need to disclose it.

We often hear from people who require DBS checks as part of an employer’s recruitment process. They don’t disclose their convictions because they’re spent and they don’t realise they have to. If their cautions or conviction is not eligible for filtering then, when their DBS certificate comes back, it will disclose their criminal record and the individual will then need to explain it to the employer. This can often leave employers feeling that they’ve been misled especially, if they’d previously asked the applicant to disclose, and they may decide to withdraw the job offer.

So, it’s important that you’re aware of what’s on your criminal record and that you know what level of check is being done by an employer for a job. Standard or enhanced checks can only be requested for certain job roles, but any job role could potentially involve a basic disclosure.

Knowing the type of check that’s being done for the role you’re applying for should prevent you from giving too much or not enough information to the employer. Too much information could mean that an employer decides not to proceed with your application. Too little information may lead to employers questioning why you didn’t disclose and you feeling as though you’ve been dishonest. They may decide not to offer you a role or worse dismiss you if you’ve already started the job.

Employers don’t always make it obvious – sometimes, you need to do a bit of digging. Ultimately, though, it’s important to be aware of the type of check that’s being done so that you can be clear and confident about what, if anything, you need to disclose.

For more information

For practical self-help information – For a more detailed guide on filtering, click here.

For frequently asked questions on filtering, click here

To discuss this issue with others – Read and share your experiences of filtering on our online forum.

Questions – If you have any questions about this, you can contact our helpline

DBS introduce oral representations for barring decisions

The Disclosure and Barring Service has issued new guidance on making oral representations if they’re considering barring someone from working with children or adults.

Up until now, all representations had to be made in writing to the DBS. However, they’ve stated in their latest guidance that “in the interests of fairness and equality and to protect a person’s rights under the European Convention on Human Rights, arrangements can be made to hear oral representations”.

Although making representations does not guarantee that you will not be included in a barred list, supplying information will enable the DBS to consider your case in the fairest and most balanced way.

There’s no legal requirement for you to make representation but, its really important that you are aware of the implications if you don’t.

In our experience, those that make strong representations stand the best chance of not being barred.

Being included on a barred list is for life (subject to review) and may have a significant impact on your ability to gain employment. As the DBS base their barring decisions using the ‘balance of probabilities’ on the information they hold, you have little to lose by making representations.

The DBS state that there are no advantages or disadvantages to making oral representations but in our opinion, there could be some gains:-

  • It’s a much easier way to make representations
  • It gives you the opportunity to immediately clarify any points the DBS raise, and
  • Speech can be a much more powerful way of communicating emotions.

More information can be found in our information: DBS Barring – Representations, reviews and appeals.

European criminal record checks

Introduction

In November 2015, the Disclosure and Barring Service launched a pilot to test access to criminal record information from the European Union (EU). The trial will run until April 2016.

The pilot is the first of its kind for the UK Government and will be jointly run by the Disclosure and Barring Service, the Home Office and the UK Central Authority (UKCA). The pilot will concentrate on enhanced disclosure checks for any individual seeking to work with children and where the nationality on the application form indicates they are a Dutch or Latvian national. The Netherlands and Latvia have expressed their support for this initiative.

Why are the DBS doing this?

Currently, the DBS cannot guarantee that the criminal records, from the country of origin for overseas applicants, are available to prospective employers. Whilst the DBS provides employers with guidance on how to access certificates of good conduct from countries outside the UK, there is no evidence to suggest that this is consistently accessed and used.

The pilot will enable employers access to relevant criminal record information (via the DBS) for any applicant from the Netherlands or Latvia. This will include applicants with dual nationality in one of these countries.

The pilot is expected to affect 3,500 applications over the course of the six month period.

Upgrade to ECRIS

In addition to this, the European Commission has just put forward proposals to upgrade the European Criminal Records Information System (ECRIS) in order to facilitate the exchange of criminal records of non-EU citizens. It believes that this will improve cooperation between national authorities in the fight against terrorism and other forms of serious cross border crime.

For more information relating to convictions obtained overseas see here.

Is this a scam? Employment offers and criminal record checks

We have been altered to an organisation, Online UK Disclosure, which claim to offer Single Offence Checks at a cost of £99.99.

Online UK Disclosures claim to be an umbrella body for the Disclosure and Barring Service and Disclosure Scotland. The DBS has confirmed to Unlock that Online UK Disclosure is not registered an umbrella body and that the DBS do not offer Single Offence Checks.

Online UK Disclosures state that;-

‘A Single Offence Check only searches back five years and only for one particular offence. It has been created so that people with a criminal record but for minor and unrelated offences do not get hindered when applying for jobs’.

Why should you be concerned about Single Offence Checks?

In the example that we saw, a Single Offence Check was being requested to be done through Online UK Disclosure as part of an employment offer which turned out not to exist. It seems that this is linked to an employment scam which has been highlighted recently on the BBC’s Fake Britain and moneysavingexpert forum. The scam has also been reported to Safer Jobs and Action Fraud.

More and more fictitious jobs are appearing on job sites and job boards and more and more unsuspecting job seekers are parting with their hard earned money or becoming victims of identity theft.

Job scammers will pose as an employer or recruiter offering attractive employment opportunities which require job seekers to pay money in advance. This is usually under the guise of criminal record checks or credit checks. Once the money has been paid, the scammers disappear and the job seeker is let with no job and out of pocket.

How can I protect myself from employment scams?

  1. Never part with any money without being sure that the criminal record checks are being done through Disclosure Scotland (basic checks), the Disclosure and Barring Service (standard and enhanced) or a registered body. You can check with the DBS whether an organisation is a genuine registered body here.  For registered bodies carrying out checks through Disclosure Scotland, check here.
  2. Do some research on the company – Google them or visit the company’s website. If they don’t have one, or it doesn’t have any contact details then tread carefully.
  3. A job should only be offered once a face-to-face or thorough telephone interview has taken place. If a job is offered without this, it is likely to be a scam.
  4. Report any concerns to Safer Jobs or Action Fraud

We’ve reported the case we came across to both the DBS and Action Fraud.

Filtering process brought in for Scotland

Last week, the Scottish Government announced details of a process that will apply to Standard and Enhanced checks that are issued by Disclosure Scotland. The process started on the 10th September 2015.

This process will remove certain convictions and cautions from these types of disclosures.It’s similar to the filtering process that the Disclosure & Barring Service operates, but instead it will apply to checks issued by Disclosure Scotland.

An example that Disclosure Scotland provides on it’s website is below:

If a person is convicted of theft and is sentenced to 6 months in custody  – once the conviction is spent under the terms of the Rehabilitation of Offenders Act 1974, this will be disclosed for a further 15 years after which it will become a protected conviction and is then no longer disclosed.

Disclosure Scotland have issued guidance on their website about how the process works. For advice, contact Disclosure Scotland.

How is this relevant to us?

We regularly get contacted by people who live in Scotland. Our information & advice on this site covers England & Wales only, so this post is for information only, as well as providing a link to the guidance on the Disclosure Scotland website.

The process that the Scottish Government has introduced differs to the DBS process.

  • In some ways, it’s better – for example, it appears to cover more than one conviction.
  • In other ways, it seems worse – for example, it takes much longer for a conviction as a adult to become filtered – 15 years.

As part our policy work, we’ll be looking at how the Scottish process works as part of our work in pushing for the DBS filtering system in England & Wales to go further.

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12.5 million people have criminal records in the UK. We need your help to help them.

Help support us now