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Aaron's Department DBS Check Guidance for Employers

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  • Which DBS Check Do I Need?
    DBS Check Guidance for Employers, Applicants and Organisations

The Disclosure and Barring Service (DBS) carries out criminal record checks for specific positions, professions, employment, offices, works and licences included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and those prescribed in the Police Act 1997 (Criminal Records) regulations.

Individuals can only apply for a Basic DBS check, this should only be done directly through the government website.

Organisations can apply for all types of DBS check,
for Basic DBS checks this needs to be done through a responsible organisation such as Aaron's Department from only £3.97, or you can find additional information on the list of all responsible organisations.
Standard or Enhanced DBS checks need to be done through an official Umbrella Body such as Aaron's Department from only £3.97, or you can find additional information on the list of all umbrella bodies.


Requirements for Requesting a Basic DBS Check

Organisations can request a Basic DBS check for any reason with the permission of the applicant.

Individuals can request Basic DBS Certificates for themselves in order to seek employment or any other purpose.

Apply for a Basic DBS check with Aaron's department


Requirements for Requesting a Standard or Enhanced DBS Check

There isn’t an official list of positions which require a Standard DBS check or Enhanced DBS check.

As part of an organisation’s ongoing or pre-recruitment checks following an offer of employment, a DBS Certificate may be requested, for qualifying positions, volunteering roles and applications for specific licences.

It is up to an organisation to assess each position and decide if and what type of DBS check is needed. We try and give you helpful information and instructions with this DBS check guidance for employers. The table below includes a list of common positions which require DBS checks by law.

Is the Position Eligible for a Standard or Enhanced DBS Check?

Before an organisation considers requesting a Standard or Enhanced DBS check for a person, they are legally responsible for ensuring that the job role is eligible for the specific DBS check. So, if you are a countersigning officer you must find out on your own that the position is eligible under the current legal provisions before you proceed with countersigning the application form.

Below in this page is a table, which describes the most common instances of positions and duties which require a DBS check by law. The list does not contain every job position, it is the countersigning officer's responsibility to consider the role and responsibilities and decide if a Standard or Enhanced DBS check is needed.


Level of DBS Disclosures

  • Standard disclosure - To get a Standard DBS Certificate, the position you are offering must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

  • Enhanced disclosure - To get an Enhanced DBS Certificate, the position you are offering must be included in both the ROA Exceptions Order and in the Police Act 1997 (Criminal Records) regulations.

  • Enhanced disclosure with Barred Lists information - To this type of Enhanced DBS Certificate, the position you are offering must be eligible for an Enhanced DBS Certificate as above and be specifically listed in the Police Act 1997 (Criminal Records) regulations eligible to check the appropriate barred list(s).

  • Adult First check - If you need a candidate to start working with vulnerable adults and they don’t have an Enhanced DBS Certificate, you can opt for the Adult First check. It is a quick check on the DBS Adult’s Barred List.

For more information on the Police Act 1997 (Criminal Records) regulations you can visit www.legislation.gov.uk. The regulations must be viewed separately since each contains different roles, duties, and activities that are eligible for higher level of disclosures. Note to consider: The regulations are subject to change, so a position which required a higher level of disclosure might not require it after an amendment, and vice-versa.

Using the Table

This table has been designed for use in conjunction with legislation.

The numbers in the table are used as a reference point for dealing with enquiries about eligibility. If your organisation is contacted by the DBS to confirm eligibility for a position, you must provide full details of the job role and explain how the relevant legislation supports the eligibility of the position applied for. It is not sufficient to provide the reference number without supporting evidence.

The table will not advise whether any specific role must have a DBS Certificate. Any mandatory requirements will exist in legislation and guidance specific to your employment sector and you will need to explore this independently.

The table will not advise what level of criminal record check any specific role is eligible for. This can be established by referring to the Police Act 1997 (Criminal Records) regulations referred to previously.

If you are a client of Aaron's Department please call us for further guidance if you are still unsure about whether a position is eligible for a Criminal Record check through the Disclosure and Barring Service. You can also email the DBS’s customer services team for further advice and DBS check guidance for employers; you ought to include the job specification and the roles and duties of the position. The DBS’s customer services may not always be in a position to provide you with a definitive answer about eligibility but will provide you with references to help you to make an informed decision about the role.

Your responsibility as an organisation requiring higher level of checks is to ensure that the decision that eligibility for a higher level of criminal record check through DBS exists and is based on the legislation that enables the check to be carried out for the activities and duties of the specific position.

From June 2013, the DBS requires organisations to complete the DBS application form indicating which workforce the applicant will be working in.

You may also find the following links which are provided by the DBS itself useful:


Table

Positions, Professions, Employment, Offices and Works included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ref No
Any work defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006 01
Any work defined as "work with children" in regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002 02
Any work defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006 03
Any work defined as "work with adults" in regulation 5B of the Police Act 1997 (Criminal Records) Regulations 2002 04
Any office or employment which is concerned with:
  • the provision of care services to vulnerable adults; or
  • the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment;
and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services
05
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children 06
Health care professional (regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002) - on entry into the profession only 07
Barrister (in England and Wales), solicitor - on entry into the profession only 08
Chartered accountant, certified accountant Î on entry into the profession only 09
Veterinary surgeon - on entry into the profession only 10
Actuary - on entry into the profession only 11
Registered foreign lawyer - on entry into the profession only 12
Chartered Legal Executive or other Chartered Institute of Legal Executive (CILEx) authorised person - on entry into the profession only 13
Judicial appointments 14
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service 15
Designated officers for:
  • magistrates’ courts
  • justices of the peace
  • local justice areas
  • justices’ clerks
  • assistants to justices’ clerks
16
Persons employed for the purposes of assisting constables of a Police Force established under any enactment 17
Any employment within the precincts of:
  • a prison
  • a remand centre
  • a removal centre
  • a short term holding facility
  • a detention centre
  • a Borstal institution
  • a young offenders institution
  • members of boards of visitors (England & Wales)
18
Traffic wardens 19
Officers of providers of Probation services as defined in section 9 of the Offenders Management Act 2007 20
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties 21
Financial Services position – This means all positions for which the Financial Conduct Authority (previously the Financial Services Authority) or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000 22
Those working within an Authorised Payment Institution as:
  • Directors and managers
  • Holders of qualifying holdings
  • Controllers of the Authorised Payment Institution
23
Any employment in the Royal Society for the Prevention of Cruelty to Animals (RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals 24
The Commissioners for Her MajestyÓs Revenue and Customs (HMRC) and any office or employment in their services 25
The Director and any office or employment in the Revenue and Customs Prosecutions Office 26
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet 27
An individual designated under section 2 of the Traffic Management Act 2004 - those who can take over police functions working as on-road traffic operations staff 28
The following Court Positions:
  • Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c)
  • Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings
  • Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary
  • Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court
  • Court security officers and tribunal security officers
  • Court contractors who, in the course of their work, have unsupervised access to court- houses, offices and other accommodation used in relation to the courts
  • Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals
  • Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court contractors who receive payment in pursuance of a conviction or order of a magistrates' court
29
The following persons:
  • Court officers who execute county court warrants
  • High Court enforcement officers
  • Sheriffs and under-sheriffs
  • Tipstaffs
  • Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d)
  • Persons who execute writs of sequestration
  • Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980
  • Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act
  • Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)
30
Individuals seeking to carry, acquire or transfer prohibited weapons or ammunition under section 5 of the Firearms Act 1968(c) - Maritime armed guards 31
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who act on behalf of and are under the supervision of such a registered person 32
Any employment or other work where the normal duties:
  • a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or
  • b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a)
33
Registration as a childminder agency 34
Any employment or office involved in the management of a childminder agency 35
A person working for a childminder agency who is required to enter day care or childminding premises for quality assurance purposes and, in the course of their normal duties, has
  • contact with the children there; or
  • access to sensitive or personal information about the children there
36
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place 37
A person living in the same household as a person whose suitability is being assessed to work in
  • regulated activity with children
  • what would have been regulated activity with children before 10th September 2012
  • an FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children
and who lives on the same premises where the work would normally take place
38
Applications for prospective adopters, special guardians or anyone who lives in the adoption or special guardian household in England and Wales 39
Applications for prospective foster carers, prospective private foster carers or anyone who lives in the fostering household in England and Wales 40
Any employment or work in
  • a children’s home
  • a residential family centre
41
Any employment or work for the purposes of
  • an adoption service
  • an adoption support agency
  • a voluntary adoption agency
  • a fostering service
  • a fostering agency
which is of such a kind as to enable a person, in the course of his normal duties, to have contact with children or access to sensitive or personal information about children
42
Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers 43
For the award of public works contracts, public supply contracts and public service contracts in accordance with Directive 2004/17/EC and 2004/18/EC of the European Parliament and of the Council of March 2004(a) 44
Football Stewards, supervisors or managers of football stewards 45
Approved Legal Services Body Manager 46
CILEx approved manager 47
Those working for Alternative Business Structures as:
  • Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007
  • Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007
  • Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007
48
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000 49
Any office or employment which relates to the purposes of National Security 50
Any person who has applied to be granted membership of the Master Locksmiths Association 51
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf 52
Commissioners for the Gambling Commission and any office or employment in their service 53
Police and Crime Commissioners 54
Any employment or other work in England and Wales regarding counter fraud, investigation and security management in the National Health Service (NHS) 55
Licences included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ref No
For Taxi Driver and Private Hire Vehicle licensing purposes 56
For National Lottery licensing purposes 57
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit) 58
For licences issued under Section 8 of the Private Security Industry Act 2001 59
For obtaining or holding a personal or operating licence under Part 5 or Part 6 of the Gambling Act 2005 60
For obtaining or holding a licence under regulation 5 of the Misuse of Drugs Regulations 2001, article 3(2) of Regulation 2004/273/EC (b) or article 6(1) of Regulations 2005/111/EC(c) 61


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