Criminal record checks should only be carried out when necessary. Deciding whether a check is necessary or not will probably require input from the line manager as well as HR. Necessity will be determined by the duties and responsibilities of the role. The duties and responsibilities will help determine what level of check is necessary.

1. Basic
2. Standard
3. Enhanced
4. Enhanced with barred list

The level of check you do will depend on the role you are recruiting for. Most jobs in England & Wales are covered by the Rehabilitation of Offenders Act 1974. For these jobs, employers can only request a basic check. Jobs that are exempt from the Rehabilitation of Offenders Act may be eligible for a standard, or enhanced check or enhanced with barring list check.

Basic check

Employers can apply for a basic disclosure as for any role. England & Wales, they can be carried out on roles covered by the Rehabilitation of Offenders Act 1974

Key facts about basic checks:

Standard check

If you are recruiting for a specified role that is exempt from the Rehabilitation of Offenders Act 1974, you should carry out a standard check. For these roles, a standard check is a legal or regulatory obligation.

Key facts about standard checks:

Enhanced check

If you are recruiting to a position that is exempt from the Rehabilitation of Offenders Act 1974, and included in Police Act regulations, you should carry out an enhanced check as part of the recruitment process.

Key facts about enhanced checks:

Enhanced with barred list check

If you are recruiting for a position that is classed as regulated activity, you should carry out an enhanced with barred list check. For these roles, this level of check is a legal requirement.

Key facts about enhanced with barred list checks:

What level of check is necessary?

The lists below are intended to provide a general guide to the types of roles that are eligible for different levels of check. The lists are not exhaustive and do not constitute legal advice. Employers are responsible for ensuring that their data collection – including criminal records data –  complies with relevant laws.

Regulated activity

Regulated activity is a phrase that refers to the majority of roles that involve enhanced plus barring checks.

In the meantime, there are some useful links below:

• DBS guidance on regulated activity and workforces
• DBS eligibility tool

Step-by-step guide to working out eligibility

The level of check that you can carry out will vary depending on the particular role.  Ideally, recruitment and line managers should be included in determining eligibility. The duties and responsibilities of each role will determine what level of check – if any – is necessary. Eligibility for higher level checks depends on the duties the person will be carrying out rather than the job title. Employers sometimes misinterpret eligibility and request a higher level of check than what they’re legally allowed to do. The following tips and tools will help you make decisions that are legally compliant and fair to applicants.

Step 1 – Assume the ROA applies

Start by assuming that the role is covered by the Rehabilitation of Offenders Act 1974. That’s how the law works – all positions are covered by that legislation unless they are exempt from it.

Step 2 – Consult the DBS guidance

The DBS maintains guidance on eligibility. This is regularly updated and links to their eligibility tool, below. The guide provides details of positions that are eligible for standard or enhanced checks. It is not comprehensive and only gives an indication of the employments that are included in the Exceptions Order.

Step 3 – Use the DBS tool

The DBS have designed a tool to help you you work out the level of criminal record check you can legally request. But please note the following:

1. It only covers roles in England & Wales
2. It was made available in August 2016 and is still subject to feedback
3. It doesn’t cover every role. Contact the DBS if you’re still not sure whether you can request a check.[/accordion_block]

Step 4 – Take advice from a registered body

If your organisation is a registered body, you should have skills and expertise within your organisation to advise on the relevant level of check for a particular role.

If you’re not a registered body, you’ll need to use a registered or ‘umbrella’ body to carry out standard or enhanced DBS checks. ‘Umbrella’ bodies means they conduct checks on behalf of smaller employers. In this situation, the employer is a ‘customer’ of the registered body, and it’s part of their role to provide advice on the level of check that can be done for a particular role. They have to make a legal declaration when submitting the application to the DBS, so they need to be sure the role is eligible.

Step 5 – Take advice from the DBS

You can contact DBS customer services for further information or if you’re not sure about what level of check you can carry out.

Checks for overseas applicants

The Home Office has helpful guidance on who can apply, how to apply and contact details.

Don’t just do the right check – explain it too

Too often, employers are unclear in their adverts about the level of check they intend to carry out. This creates uncertainty for applicants who may be put off from applying as a result. Employers should make clear in their advertisements/ job packs what level of check they intend to do, and why that level is necessary.