Where an applicant has never had a DBS check before for BC and the position they are applying for is eligible for a check (unless an applicant is a member of the DBS Update Service where a new DBS Check may not be required).
Where an applicant is an existing member of staff who has had a DBS check for their original role and they are moving into a new role which requires a different type of check and/or barred list clearances
Where concerns have been raised about an employee’s behaviour, conduct or practice (for example, because of criminal activity, actual harm or risk of harm to patients) which would trigger the need for a new check – see information on high risk roles on intranet. - High Risk’ roles would usually be expected to include jobs such as:
Foster Carer/Adopter
Social Worker
Social Work Assistant (check current wording of job title)
Senior Child and Family Worker (as above)
Home Carer (as above)
Educational Psychologist
Where staff members become employed by BC following a TUPE transfer into, or back into BC, then new DBS Checks must always be obtained (where a DBS Check is required for a job role).
Key considerations for employers
It is unlawful to carry out a standard or enhanced DBS check for a role which is not ‘exempt’ from the ROA or included in the Police Act Regulations, where applicable, and therefore not eligible for a DBS check.
It is unlawful to require an applicant to disclose a ‘protected’ conviction, caution, reprimand or final warning, which would be filtered off a DBS check.
It is unlawful to require an applicant or existing employee to carry out an ‘enforced subject access request, i.e. provide a copy of their full criminal record directly from the police, prison, probation service or courts.
Applicants are not legally required to disclose fixed penalty notices (FPNs), penalty notices for disorder (PNDs) or other disposals that are not convictions, cautions, reprimands or final warning.
Applicants are not legally required to disclose allegations, arrests or not guilty verdicts.
