Navigating the world of DBS (Disclosure and Barring Service) checks can sometimes feel confusing, especially when you encounter the terms “Basic,” “Standard,” and “Enhanced.”
It’s crucial to understand the differences between these checks to ensure you’re requesting the correct level for your specific needs and, importantly, to comply with the law.
This blog post will break down each type of DBS check, explaining what information they reveal, when they are legally required, and the appropriate uses for each.
What is a DBS Check?
Before diving into the specific types, it’s helpful to understand the core purpose of a DBS check.
A DBS check is an official search of an individual’s criminal record history, used to help employers and organisations make informed decisions about the suitability of applicants for certain roles.
These checks are not merely a suggestion; they are a legal requirement for many roles, and are essential for safeguarding vulnerable groups and maintaining public safety.
The Three Types of DBS Checks
There are three main levels of DBS checks, each with a different level of disclosure and specific legal requirements:
- Basic DBS Check:
- What it reveals: A Basic DBS check is the lowest level of check and it discloses only *unspent* convictions and cautions. This means that any cautions or convictions that have passed their ‘rehabilitation period’ as defined by the Rehabilitation of Offenders Act 1974 will *not* be disclosed on the certificate. This is the *least detailed* level of check.
- When is it used? A Basic DBS check can be requested for *any purpose or role*. This is the only type of check that can be requested by an individual for themselves, though many organisations also request them. It is often used for roles that do not involve direct contact with vulnerable groups, or in sectors where higher-level checks are not specifically mandated. There is no legal requirement for many of the roles using a Basic check, and it is often a business decision for the role, rather than one based on law.
Example Roles:
- Warehouse worker in non-sensitive areas
- Office administrator with no access to sensitive information
- Retail assistant in non-sensitive roles
Good to Know: This is the lowest level of check and provides the least amount of information. It has minimal legal enforcement outside of specific situations.
- Standard DBS Check:
- What it reveals: A Standard DBS check discloses both spent and unspent convictions, cautions, reprimands, and warnings held on the Police National Computer (PNC). It is legally important to note that there are filtering rules for this type of check, established under the Protection of Freedoms Act 2012, which prevent disclosure of certain older and less serious cautions and convictions. This offers a moderate level of disclosure.
- When is it used? Standard DBS checks are legally required for a variety of roles that involve some degree of trust or responsibility, but generally do not involve regular, direct work with children or vulnerable adults.
Example Roles:
- Security guard or door supervisor
- Licensed taxi driver or private hire driver
- Accountant or bank teller handling financial transactions
- Solicitor or legal personnel in non-child-facing roles
- Veterinary practitioner not working with animals in sensitive environments
Good to Know: Standard checks can only be requested by a registered body (such as an employer) and cannot be requested directly by an individual. Many roles legally require this check.
- Enhanced DBS Check:
- What it reveals: An Enhanced DBS check reveals the same information as a Standard check, with the addition of any relevant information held by local police forces. Certain roles also include a check of the Barred Lists. These lists are maintained by the DBS and contain the names of individuals who have been legally barred from working with children and/or vulnerable adults, making this the most detailed level of check.
- When is it used? Enhanced DBS checks are legally required for roles that involve regular contact with children or vulnerable adults. These roles are considered “regulated activity”, and the checks must be performed by a registered body. The legal requirements for Enhanced checks are very specific in who and when these checks are required, with strict adherence to guidance essential to be compliant.
Example Roles:
- Teacher or school staff members
- Social worker or care worker
- Nurse, doctor, or healthcare assistant working directly with vulnerable patients
- Sports coach or youth worker with regular unsupervised contact with young people
- Foster carer or adoptive parent
Good to Know: This is the highest level of check and may take longer to process due to the detailed nature of the check and the legal safeguarding it provides. This is legally required for all regulated activities.
Choosing the Correct DBS Check: Compliance with the Law
Choosing the right level of DBS check is not optional – it is crucial for complying with the law and safeguarding vulnerable individuals.
Here are some guidelines to ensure legal compliance:
- Always Refer to Legislation and Guidance: Organisations should always refer to the specific laws and guidance for their sector to ensure they are requesting the correct level of check.
- Check with the Requesting Body: As an applicant, the organisation requesting the check should clearly state the level of DBS check that is *legally required* for the specific role. If you are not sure, ask them directly.
- Consider the Level of Responsibility and Contact: Think about the level of trust and responsibility associated with the role, and the extent of contact with children or vulnerable adults.
- Be Mindful of Legal Requirements: Certain sectors and roles have strict legal requirements when it comes to DBS checks. You must always adhere to any mandatory legal requirements for the sector you are operating in.
Conclusion
Understanding the different types of DBS checks is not just good practice—it is essential for legal compliance.
Whether it’s a Basic, Standard, or Enhanced check, each has a legally-defined purpose and should be used appropriately based on the role, its responsibilities, and any required legal frameworks.
By knowing the distinctions between these levels and their corresponding legal obligations, you can ensure you’re requesting the right check and contributing to a legally compliant and safe environment.
While every effort has been made to ensure the accuracy of the information in this blog post, it is intended for general guidance only and should not be taken as legal advice.
For specific legal advice relevant to your situation, please consult with a qualified legal professional.