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For people with criminal records
For people with criminal records

Tag: Disclosure and Barring Service

Disclosure of police intelligence on enhanced checks (approved information)

Aim of this information

Each Police Force maintains a local record of information, which can be used to disclose information referred to on a disclosure in the ‘other relevant information’ section on an enhanced check. This is formally known as ‘approved information’. It is often more commonly referred to as ‘non-conviction information’ or ‘police intelligence’.

This page aims to set out when this information is likely to be disclosed and, how to make a request to the police that they do not disclose it.

Why is this important?

‘Police intelligence’ generally relates to somebody who has never actually been convicted for the offence involved, but it may occasionally include additional information relating to a conviction.

If you have never been convicted or cautioned for a criminal offence, then there is no legal requirement for you to disclose this ‘additional information’. However, if it is disclosed on an enhanced criminal record check, then an employer may decide to take it into consideration when making a recruitment decision.

If the ‘police intelligence’ relates to a conviction, then you may find that the police will disclose more detail than you would have elected to disclose yourself.

It’s important to have an understanding of what options are open to you if the police do decide to disclose additional information about you.

What ‘local police information’ means

For the purposes of this page, local police information can include:

  • Fixed Penalty Notices (FPN’s)
  • Penalty Notices for Disorder (PND’s)
  • Findings of innocence
  • Acquittals
  • Cautions and convictions of those that you live with
  • Other Police intelligence (including allegations)

It does not include information held on the Police National Computer, including:

  • Cautions
  • Reprimands
  • Final warnings
  • Convictions

Cautions, reprimands and final warnings are not criminal convictions. However, in terms of disclosure, they are covered by the Rehabilitation of Offenders Act (which means, once spent, they do not need to be disclosed and you are protected by the ROA) and are also included in the Police Act 1997 as being disclosed on standard and enhanced checks as these are carried out for positions exempt from the ROA.

Who decides whether to disclose this information?

The decision as to whether to disclose local police information is made by the Chief Police Officer in the relevant police force area. Following the Protection of Freedoms Act 2012, this ‘decision-making process’ has two main guidance documents. These are the Statutory Disclosure Guidance, and the Quality Assurance Framework.

Guidance on how the police make the decision to include locally held information can be found here.

Statutory disclosure guidance

The statutory disclosure guidance follows on from a review of the criminal records regime conducted by Mrs Sunita Mason, the Government’s Independent Advisor for Criminality Information in February 2011. The guidance comes as a result of the Protection of Freedoms Act 2012.

The guidance came into force on 10 September 2012 and is designed to assist chief officers of police in making decisions in providing information from local police records for inclusion in enhanced criminal record certificates.

Quality Assurance Framework

The latest version the QAF is available to download from the DBS website.

Within this framework, there is detailed information available in relation to making representations against the disclosure of local police information.

How often is police information disclosed?

Local Police Information

** Shows the number of applications where there was a match against local police records. This is known as the police local cross referencing system or PLX system.

The above figures show that, since the statutory disclosure guidance (mentioned above) came into force in 2012, the amount of ‘approved information’ disclosed on enhanced checks has decreased significantly. In the year 2013/14, information was disclosed in only 0.83% of cases where there was a match against local police records.

Trying to stop it from being disclosed on an enhanced check

While there is no real hope of getting local police information deleted from police records, there are steps you can take to try and stop it from being disclosed on an enhanced check.

If you’ve not yet applied for a job involving an enhanced check

We suggest that you make sure that you have a full understanding about the information that is held on you by the Police. If you don’t know this already, you should look to do a Police Subject Access request and ask to see any local records held. This will give you details of any local information held on you. You should also contact your local police force and ask to see a copy of their policy/process for dealing with whether to disclose information of this type. It’s unlikely that the police will tell you at this stage whether they would be likely to disclose information on a particular enhanced check.

If you’ve applied for a job involving an enhanced check

Most police forces will normally contact you if they are thinking of disclosing information in the ‘other relevant information’ section, giving you the chance to make representations. However, this doesn’t always happen, so if you think that you might have information held about you and you’re worried that it might be disclosed, you should contact your local police force. You should ask them to give you the chance to make representations if they feel the need to disclose any information. Whilst there is no guarantee that they will do this, there have been reports that asking the police to do this will lead them to doing it through fear of being challenged legally for failing to do so. If/when the police get in touch, you should make sure that you make strong representations why the information is no longer relevant.

Independent monitor

If the police decide to disclose information, you will be sent this certificate to give to the employer. At this point, if you disagree with the decision to disclose ‘other relevant information’, you can challenge this through the Independent Monitor.

If you wish to make a referral to the independent monitor, you can complete a form on the DBS website or write to: DBS, Disputes, Customer Services, FREEPOST RTHU-TRJY-KSHY, PO Box 165, Liverpool, L69 3JD. Tel: 03000 200 190.

The DBS will refer your application to the relevant police service on behalf of the independent monitor to give the chief officer the opportunity to consider your dispute first.

If you are not satisfied with the police dispute response, your case will be referred to the independent monitor.

If you disagree with the findings of the Independent Monitor then your next step would be to seek judicial review.

The Supreme Court case of L v Commissioner of Police of the Metropolis in 2009 considered the issue of non-conviction information and what ought to be included. The Court decided that the police must strike a balance between the interests of the employer and the individual’s right to his private life. Provided the information is relevant to the position applied for and strikes this balance, it is reasonable for the police to disclose it.

Who can help

If you wish to challenge the disclosure of local police information, you should be able to go through a number of steps yourself. However, you may find the contact below useful.

Liberty were involved in the case of L (above) and have a strong interest in the civil liberties argument surrounding the disclosure of non-conviction information on a disclosure.

The legal contacts below are detailed because they have been involved in dealing with these types of cases in one way or another. It is not our aim to promote the services of legal advisors, but we do want to be able to provide information on contacts who may be able to help. You may also find the general section on legal advice in our Information Hub helpful.

John Ford Solicitors instructed Stephen Cragg and Charlotte Kilroy (of Doughty Street Chambers) to represent L in the case detailed on this page.

Slater and Gordon Lawyers have offered their services to people in these situations on a number of online forums, and so you may be able to source some help from them.

Trying to get it deleted

Under the ACPO Retention Guidelines, there is an Exceptional Case Procedure for the removal of DNA, fingerprints and PNC records. As each Chief Police Officer is the Data Controller of their PNC, they have the discretion to authorise the deletion of any specific data entry on the PNC owned by them. However, this discretion is only ever exercised in exceptional cases.

Exceptional cases will, by definition, be rare. They might include cases where it can be proved that the arrest was unlawful, or where it is established beyond doubt that no offence existed. A library of circumstances have been collected by the DNA and Fingerprint Retention Project (DNAFRP) that have been viewed as exceptional cases, and this is used to assist Chief Officers by providing a bank of precedents when considering requests to remove records.

To request removal:

  1. Write to your local police force. Ask for the record to be deleted. Ask for their policy on deletion, including what types of cases they will regard as exceptional.
  2. You should be sent a letter informing you that the record is held lawfully and that your request is being refused unless you believe it should be regarded as exceptional. You will be invited to state the grounds upon which you believe your case is exceptional.
  3. Write back outlining the reasons why you believe it should be deleted.
  4. The Chief Officer should then consider your response and either reply directly refusing your request, or refer the case papers to the DNAFRP to ensure a consistent national approach. If referring to the DNAFRP, the Chief Officer will receive an informed response. He/she will then notify you of their decision.

Some forces have published their policies publicly.

Background

Is this kind of disclosure legal?

The simple answer is yes. However, the disclosure of such information has been challenged a number of times by the courts (as discussed below) which has influenced the process that is used to decide whether information should or should not be disclosed.

There is a very good article written by Barrister Timothy Pitt-Payne covering a recent case which looked at, amongst other things, the legality and process of disclosing non-conviction information.

History

Guidance was previously covered in Home Office Circular 05/2005 Criminal Records Bureau: local checks by police forces, but since 24th September 2010 this has no longer been in force.

However, the impact of the case of L (R (on the application of L) v Commissioner of Police of the Metropolis [2009] UKSC 3) (also, see the submission by Liberty) as described by Mr Pitt-Payne, is a more cautious approach by the Police regarding the disclosure of local police information.

In once case which demonstrates the process that South Yorkshire adopted, they contacted the individual concerned, notifying them of the their intention to disclose non-conviction information. The letter explained the legal powers supporting the disclosure of such information, stated that they are minded to disclose the information, and then provided details of the proposed wording. The letter went on to state that the purpose of the letter was to afford the individual the right to make any representations that they consider relevant to the Chief Officers decision. The letter set a relatively tight time limit to reply (2 weeks from the date the letter was sent).

In response to this, the individual Unlock member wrote some rather detailed representations. The result was that he received a response back from the police stating that “on this occasion it has been decided not to proceed with the disclosure” and, when his check was issued, no non-conviction information was disclosed. However, it is important to note that the convictions that he had from many years ago were still disclosed, as currently this process doesn’t apply to cautions/convictions.

If you receive a similar letter proposing disclosure, or you simply want to make representations in advance of disclosure of non-conviction information, it would be sensible to look to get a copy of the Police Forces decision making process regarding non-conviction information, as well as using the statutory guidance and QAF process above, so that you are able to target your representations at elements which may affect the Chief Officers decision.

The process following L

Following the L case, many police forces have given individuals an opportunity to comment on the disclosure that the Police intend to make. As the Court in L was clear that there is no presumption in favour of disclosure, you could argue that the disclosure was not relevant to the new post/job you are seeking or that it is so old, vague, misleading or inappropriate that it ought not be disclosed at all.

If an inappropriate disclosure is made, you can challenge the quality of the information with the criminal records bureau or you can bring a judicial review in the High Court to have disclosure looked at afresh by a Judge. Time limits are tight and both steps must be taken within 3 months from the date of the certificate.

If disclosure affects your reputation, personal feelings or causes you to lose earnings (for example, if you lose your job or a promotion opportunity) you can seek damages as part of a judicial review application. Legal aid may be available.

Discuss this with others

Read and share your experiences on our online forum.

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.

Get involved

Help us to add value to this information. You can:

  1. Send your feedback directly to us
  2. Discuss your views and experiences with others on our online forum

This page is for information only. We are unable to provide advice on this. Comments below have been disabled and will not be published.

How employers should handle certificate information

This section will explain what employers should do when they receive information on a criminal record check.

Using disclosed information to make a recruitment decision

What is the DBS code of practice?

The DBS code of practice is published under Section 122 of the Police Act 1997. It aims to ensure that criminal record information is used fairly and applicants are protected from unfair discrimination due to non-relevant convictions. Anybody who receives standard or enhanced certificate information must abide by the code of practice, this includes Registered Bodies, Umbrella Bodies, recruiters and any others receiving the information.

What does the code of practice require of Registered Bodies?

The DBS code of practice requires that Registered Bodies must: –

  1. Have a written policy on the secure handling of information which, in the case of Umbrella Bodies, should be made available to their clients. A sample policy produced by the DBS is available online
  2. Store DBS certificate information securely
  3. Retain DBS certificate information, its content or any representation of the same in any format for no longer than is necessary and for a maximum of six months following the recruitment decision unless a dispute is raised or, in exceptional circumstances, where DBS agreement is secured
  4. Ensure that no reproductions of the DBS certificate or its content are made, including photocopies or scanned images, unless with the prior agreement of the DBS or as a result of a stipulated requirement relating to the e-channel service
  5. Only share DBS certificate information with relevant persons in the course of their specific duties relevant to recruitment and vetting processes
  6. Dispose of DBS certificate information in a secure manner
  7. Ensure that they comply with DBS guidance on the portability of DBS certificates and their contents.

What does the code of practice require of others?

In making use of DBS checks, any organisation subject to the code of practice must: –

  1. Ensure that all applicants for relevant positions or employment are notified in advance of the requirement for a DBS check
  2. Notify all potential applicants of the potential effect of a criminal record history on the recruitment and selection process and any recruitment decision
  3. Discuss the content of the DBS certificate with the applicant before withdrawing any offer of employment
  4. Provide a copy of the DBS code of practice to the applicant upon request.

Written policies on people with a criminal record

DBS guidance states that organisations using criminal record checks should not have a complete ban on people with criminal records. The DBS requires organisations which use checks to have a policy on the recruitment of ex-offenders. Organisations are expected to only use the information on a DBS certificate in the context of such a policy.

Many organisations achieve this by simply using the example policy provided by the DBS. However, some have positive and detailed policies towards people with criminal records. To find out more about how an organisation may use the information disclosed, ask to see a copy of their policy. If you do this before apply, you may want to do this anonymously.

You may find the organisation uses vague language such as “We judge each case on its merits”. To get a clearer picture about how they will treat you, try to ask them some specific questions about your particular type of convictions and/or the particular areas of the company that interest you.

Handling and storing disclosed information

Information on a certificate

Organisations that wish to use a standard or enhanced check must comply with the DBS code of practice The code seeks to ensure that sensitive personal information is handled and stored appropriately and is kept for only as long as necessary. In particular, it is an offence for Registered Bodies to: –

  1. Disclose information contained within a certificate to any person who is not a member, officer or employee of the Registered Body or, in the case of Umbrella Bodies, their client unless a relevant legal exception applies;
  2. Disclose information to any member, officer or employee where it is not related to that employee’s duties;
  3. Knowingly make a false statement for the purpose of obtaining, or enabling another person to obtain a certificate.

Persons guilty of such offences are liable to deregistration, a fine or imprisonment unless a relevant exception applies as outlined in DBS Guidance.

Self-disclosure

The DBS does not impose any rules on how organisations should handle information that you choose to disclose yourself.

However, all organisations have to follow the Data Protection Act 1998. As criminal record data is regarded as sensitive personal data under this legislation, they should have processes in place to ensure it is kept safe.

If you are worried about how an organisation will retain the information that you disclose, you should ask them for a copy of their data protection policy.

Getting a copy of your DBS records

Name

DBS records (often referred to a “DBS Subject Access Request”)

Issued by

Disclosure and Barring Service

Use

To see what information the DBS hold on their records about you. It can be useful if, for some reason, you no longer have a copy of the disclosure certificate that an employer undertook on you. Subject Access is a right provided under Section 7 of the Data Protection Act 1998 whereby any individual can ask any organisation what information they hold on them.

What it contains

This application will only return something if you have previously had a check carried out on you.

A subject access request to the DBS will provide you with copies of previous application forms, system notes, correspondence held and a print out of what was contained on the certificate(s). Please note – the printout is not a duplicate certificate; it provides a copy of what was released on the certificate in a different format. It should provide you with evidence of each check that has been completed on you and if any conviction information has been released on the certificate it would appear on the print out. The application form would also show the name of the organisation that submitted the check(s)

How to apply

Obtain a Subject Access application form from the DBS, enclosing any necessary identity documents and the appropriate fee via cheque or postal order.

Who can apply for it

Only the person whom the information is relevant to can apply

Contact details

A: DBS Subject Access Team, Policy Department, PO Box 165, Liverpool, L69 3JD
T: 0151 676 1154
E: subjectaccess@dbs.gsi.gov.uk

Cost

Free of charge

How long it takes

Up to 40 calendar days

Where it is sent

To you.

Link to anonymous example

Not available

How to correct inaccurate information

  • If you need to correct inaccurate personal information, such as your name, date of birth or address, you need to raise a data entry dispute. More details are available here
  • However, if it is that your conviction details are incorrect or inaccurate, you need to raise a data source dispute. This can be done online (you complete the form electronically, print and submit it by post). Alternatively, you can request a disputes form by post by calling 0870 9090 811.

Other information

The DBS does not hold a copy of the Police National Computer (PNC) record of convictions. The system held by the DBS is known as a PNC Extract. The extract contains basic identifying details such as name and date of birth of persons included on the PNC. The extract does not contain any conviction information. The police both own and maintain the Police National Computer.

Barring (Children’s Barred List and Adults’ Barred List)

Aim of this information

The aim of this information is to explain what is meant by barring and to set out how the DBS decide whether they should consider you for barring. Further information on how to make representations and appeal a DBS decision can be found here.

This information forms part of our section on criminal record checks for employment (including DBS).

Why is this important?

If you are included on a barred list, then you will be breaking the law if you seek to work in regulated activity with a group from which you are barred. Likewise, employers will be breaking the law if they knowingly employ somebody who is on a barred list.

You need to be aware whether your offence is an automatic barring offence or an automatic inclusion offence, as this will dictate whether you are able to make representations against being placed on a barring list.

It’s important to know that, if at the time of your caution/conviction you are not working in regulated activity and your offence is a automatic inclusion offence, then the DBS will have no reason to consider you for barring. However, they can review this at any time in the future if you wish to work in regulated activity with either children or vulnerable adults.

If you are given the opportunity to make representations, then you should do so. The DBS will be more likely to add you to a barred list if you do not make a case for them not to do so.

Introduction

In September 2012 based largely on recommendations contained in the two reports – “A Common Sense Approach” (Criminal records regime review by Sunita Mason) and the government’s own “Vetting and Barring Scheme Remodelling Review”, changes  were made that affected the organisation and some of the policies, processes and procedures of both the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA).

In December 2012 the functions of both these bodies (CRB and ISA) were integrated and taken over by a new non-departmental public body, the Disclosure and Barring Service (DBS).

Whilst there has been no change to existing legal prohibitions on persons recorded in either the children’s or adults’ barred lists applying for positions (employed or voluntary) involving ‘regulated activity’, the definitions of what constitutes ‘regulated activity’ have been revised; both in relation to working with children and adults.

For anyone applying for positions involving regulated activity, barred list information (child, adult or both)  will be included as part of the enhanced disclosure certificate (now known as an “enhanced check for regulated activity”).

However, it is important to realise that even if a position now falls outside the revised definition of regulated activity, it may still be entitled to an enhanced check (now known as an “enhanced DBS check”). This is because the previous employment and voluntary roles which were subject to the Rehabilitation of Offenders Act (Exceptions Order) and the Police Act 1997 have not changed.

Therefore employers and voluntary organisations are still entitled to request an enhanced DBS check for certain jobs, but are only entitled to request an enhanced check for regulated activity where the position meets the new definitions of regulated activity.

The Barred Lists

There are two barred lists; the Children’s barred list and the Adults’ barred list.

Since December 2012 these lists have been maintained by the Disclosure and Barring Service (DBS).

Inclusion in one or both barred lists results from information about relevant convictions or cautions and/or any other referral information which is assessed typically using a comprehensive risk assessment process (as outlined below), and the outcome suggests the person may pose a future risk of harm.

An employer or volunteer manager is breaking the law if they knowingly employ you in regulated activity with a group that you are barred from working or volunteering with.

If you are barred, you are breaking the law if you seek, offer or engage in regulated activity with a group that you are barred from working or volunteering with.

If you were barred prior to September 2012, you may review at any time whether you now, do not meet the test for regulated activity (where you have not, are not, and there is no indication you might in the future be working in regulated activity with vulnerable groups including children); or, where certain other statutory conditions are met. This is in addition to your existing right to seek a review after the minimum barring period.

Notification of barring

When the DBS are advised of a relevant conviction, caution or other information indicating that you may pose some risk of harm to vulnerable groups including children, it will formally notify you of this in writing. There are two types of formal notification.

  • Notification of inclusion in a barred list – This is where you have been convicted of an ‘Autobar’ offence. These are the most serious offences in which there will be no opportunity to make representations for removal due to the seriousness of the offence.
  • Notification of ‘Minded to Bar’ – These are either automatic inclusion offences (where you have been cautioned or convicted of a ‘relevant offence’) or where the DBS has assessed information and is minded to include you in a barred list. In these cases, you will be invited to make representations as to why you should not be barred prior to any final barring decision being made.

There are three main ways that the DBS will be aware that they should consider an individual for barring:

  1. Discretionary referrals
  2. Applications for enhanced checks
  3. Automatic barring offences and Automatic inclusion offences

In all cases, except automatic barring offences, the DBS cannot include an individual on a list unless they can establish that the person is, has been, or might in the future be, engaged in regulated activity with children or vulnerable adults.

The test for regulated activity will be considered by assessing all information available to the DBS including the case material, police information and evidence of an application for an enhanced disclosure certificate to work with children or vulnerable adults.

Discretionary referrals

Under the current legislation, the following organisations can make referrals to the DBS:

  • Local authorities
  • Health and social care trusts
  • Education authorities in Northern Ireland
  • Keepers of registers in England, Wales or Northern Ireland
  • Supervisory authorities in England, Wales or Northern Ireland
  • Regulated activity providers or personnel suppliers

Organisations who are not included in the above list can still refer individuals to the DBS if they have any concerns regarding safeguarding issues.

In these circumstances, the DBS will usually write to you informing you that they are ‘minded to bar’ and invite you to make representations before they include you on a barred list.

The DBS have produced some useful guidance for individuals that have been referred to them.

Applications for enhanced checks

If you apply for a role that involves working in regulated activity where an enhanced DBS check will be carried out, and you have previously been cautioned or convicted of an automatic inclusion offence (irrespective of how long ago it was), then the DBS will consider whether you should be included on the barred list.

You will usually be sent a “minded to bar” letter by the DBS and given the opportunity to make representations as to why you should not be placed on a barring list.

If you have an automatic barring offence, you will have no opportunity to make representations as to why you should not be placed on a barring list.

Automatic Barring Offences and Automatic Inclusion offences

There have been legislative changes with respect to Automatic Barring offences and Automatic Inclusion offences following a judicial review. The key differences between the two are explained below:

  • Automatic Barring Offences – These are the most serious of offences and due to the severity of them, people cautioned or convicted of these offences are not able to make representations as to why they should not be included in a barred list.
  • Automatic Inclusion Offences – Where an individual is cautioned or convicted for an automatic inclusion offence, they are invited to make representations before they are included in a barred list.

It is important to note that some offences may be classed by either the victim(s) involved or the victim’s age.

The DBS originally published a factsheet which didn’t make it clear which offences are regarded as ‘automatic barring offences’, and which offences are regarded as ‘automatic inclusion offences’. Unlock brought this to the attention of the DBS, and they updated their relevant offences referral guide as a result.

The legislation which relates to the circumstances in which a person will be automatically included in a barred list can be found here. Sections 3 and 5 specifically refer to those offences where there is no right to make representation and sections 4 and 6 refer to those offences where there is a right to make representation.

The option to make representations, where available, will be advised in a ‘formal notification of barring’ letter. Those wishing to make representations should be aware that there are time limitations (8 weeks) for doing so.

A person who accepts a caution or receives a conviction for a ‘relevant offence’ which is an automatic barring offence will be automatically barred from working in regulated activity with children and/or vulnerable adults.

The DBS considers cases for barring based on:

  • Offences (convictions and cautions)
  • Referral information – evidence of inappropriate behaviour likely to harm children or adults

This information is collected from a variety of sources, including the police, employer referrals and regulators (holders of professional registers).

Certain types of employers and organisations have a legal obligation to refer relevant information regarding an individual. These include any employer providing regulated activity and any suppliers of personnel for work or volunteer positions involving regulated activity.

Similar referrals are optional for those employers working with vulnerable groups where regulated activities are not carried out.

With the exception of those persons having committed an offence leading to automatic barring without right to make representations, a person can only be included in the barred lists if they are, have been in the past, or are likely in future, to engage in regulated activity.

Once barring decisions are made, they are still open to both review and/or appeal in a number of circumstances.

Barring – The decision making process

On receipt of relevant information, the process of deciding whether to include the individual’s details on either or both barred lists follows a typical series of formal stages. The process can be terminated as a non-bar decision at anytime in stages 1 to 4. However, should there still be a perceived future risk of harm after assessment, the case progresses to the next stage, resulting in an inclusion in a barred list at stage 5. The diagram below illustrates the process followed in most cases:

decisionmaking

A detailed factsheet on the decision making process is available here.

Am I barred?

To find out if you’ve been referred to the DBS and/or if your name has been placed on one of the barred lists, you’ll need to write to the DBS at:

Disclosure and Barring Service, PO Box 3963, Royal Wootton Basett SN4 4HH

with relevant proof of ID.

  • Current name
  • Date of birth
  • Current address
  • Signature

Current passport

  • Current photocard driving licence
  • EU/EEA National Identity Card
  • Recent utility bill
  • Council tax bill for the current year
  • Bank or building society statement
  • Mortgage statement
  • Benefits society passbook showing your current address
  • Local council rent card

 

Frequently asked questions

You have applied for a role that involves regulated activity and a DBS Enhanced check is being conducted on you.

Your caution or conviction is an automatic inclusion offence, therefore the DBS will consider whether you should be included on the barred lists.

The letter the DBS has sent you is called a “minded to bar” letter, which allow you to make representations as to why you should not be placed on a barred list/s.

There is a time limit of eight weeks to make your representations.

It is worth making representations (in 2013/14, 35% of people who made representations to their “automatic inclusion offence” won their appeals.)

Discuss this with others

Read and share your experiences on our online forum.

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.

More information

  1. For practical information – Find more information on DBS Barring – Representations, reviews and appeals 
  2. To discuss this issue with others – Read and share your experiences on our online forum DBS barring page
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum.

 

Unlocking Criminal Record Checks – A guide for people with a criminal record

On a daily basis, our helpline gets calls from people who are applying for work and don’t know where they stand because of criminal record checks that (increasingly) employers are carrying out.

A couple of years ago, we approached the DBS (Disclosure & Barring Service – known as the CRB at that time) and raised this as a matter of concern. They agreed to support the production of a guide, specifically for people with a criminal record, designed to explain in detail the criminal record checking process, with particular focus on the specific issues that people with a criminal record might face.

The result is a detailed guide which was written by Unlock and which was circulated by the DBS (it was announced in DBS News September 2013). Download the guide here or click the image below.

unlockingcriminalrecordchecks

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