If you are concerned that something on your DBS certificate is inaccurate, it is possible to challenge it, but the process differs depending on the type of check that has been conducted.
You can raise a dispute about the contents of your certificate if any of the following apply:
- personal information is incorrect (such as a name or place of birth);
- it contains incorrect conviction information;
- the conviction details do not belong to you.
General guidance on this issue can be found online here.
Challenging information disclosed on checks
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When applying for a Basic DBS check you may have set up a DBS online account, and if you want to challenge the information that is then included on the check, you can raise a dispute via this account. The DBS does not make it clear how to appeal information other than through the online account, so if you do not have an online account you can call the DBS customer services team on 03000 200 190. General guidance on Basic DBS checks can be found here.
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If the issue you have is with a Standard or Enhanced DBS check, there is a different, and more complex, process. You can raise a dispute for a Standard or Enhanced DBS check if you believe there’s been a mistake in either the records provided (like wrong or irrelevant information on convictions) or in personal information (like your name).
You have three months from the date of the certificate. It is possible your fingerprints will need to be taken to prove your identity.
If you want to challenge personal information on the certificate, fill in Section A of the certificate disputes form. You can also complete this process over the phone by calling 03000 200 190.
You may want challenge information provided by a police force, for example because you believe it bears no relevance to the role to which you are applying, complete Section B of the same certificate disputes form.
This government webpage provides information on how to complete the necessary form to challenge information on a Standard or Enhanced check. The DBS will work with the police to make a decision about your dispute. If the police do not agree there’s a mistake, the dispute will be referred to the Independent Monitor. Your certificate will be corrected if the Independent Monitor agrees with your dispute. Please refer to the glossary for more detail on the Independent Monitor.
For more on challenging information provided by police as part of an Enhanced check see here.
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Call customer services (0300 0200 190) if you subscribe to the DBS update service and want to dispute the status of a certificate. They’ll send out the forms you need to raise a dispute.
If the information you want to challenge concerns your place, or proposed place, on the barred list then further information on this is included in our dedicated chapter here.
Removing information from police records
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It is important to note that cautions and convictions can only be removed the PNC in exceptional cases, and such requests are routinely refused; a previous system for “stepping down” records has ended. In short, information successfully deleted from the PNC is typically:
- that concerning non-conviction information (e.g. unproven allegations or findings of innocence);
- where there is proof that an arrest was unlawful;
- where it is proved beyond doubt that no offence existed.
If you believe that information on the PNC is inaccurate or disproportionate, and you want to challenge it and ask for it to be removed, then you can do so.
It is possible for a caution to be expunged from the PNC, which would then show the arrest along with “no further action”, or deleted in its entirety, though this can be a long process.
There are two other options for situations regarding the accuracy of information held about you.
- Firstly, you could consider making a complaint to the Information Commissioner’s Office. This is the body responsible for ensuring that data is appropriately gathered, used and stored. They define criminal records data as ‘sensitive data’ and are, as such, interested in how organisations treat it.
- Secondly, and if raising the issues with the ICO doesn’t achieve what you want, you could pursue a judicial review. This is a complex and potentially costly process, but can be worth considering if the issues at stake are those of unfairness and would, therefore, have a wider societal impact (whereby individual cases can have a wider positive impact, such as those which contributed to the changing of filtering rules).
Our advice team might be able to help in the first instance, as supporting cases that challenge unfairness in the system is a priority for Unlock.
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It is possible to appeal for the deletion of local police records held on the PND if you are concerned that they are wrong, but as with the PNC this is a very challenging process. You should start by contacting the police force who hold the information and making a request for removal.
If this is unsuccessful, the process outlined above regarding the ICO and a judicial review could be followed.
