DBS Check Requirements
DBS checks are required for roles working with children or vulnerable adults, and available for positions of trust. Three levels exist: Basic (unspent convictions), Standard (spent and unspent convictions), and Enhanced (plus relevant police intelligence). Employers must have a legal basis for the level of check requested.
Last updated: February 2025
£21.50
Basic DBS cost
£21.50
Standard DBS cost
£49.50
Enhanced DBS cost
What the Law Says
The Police Act 1997 Part V and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 govern criminal record checks. Basic checks are available for any purpose. Standard and enhanced checks are restricted to roles listed in the Rehabilitation of Offenders Act exceptions. The Safeguarding Vulnerable Groups Act 2006 governs barred list checks for regulated activity with children and vulnerable adults.
Your Obligations as an Employer
- Only request the level of DBS check appropriate and lawful for the role
- Not discriminate against applicants based on spent convictions for non-exempt roles
- Have a clear policy on employing people with criminal records
- Subscribe to the DBS Update Service for ongoing monitoring where appropriate
What to Include in Contracts
Include a clause requiring the employee to declare relevant convictions (specifying whether spent convictions must be declared based on the role's exempt status), consent to DBS checks, and an obligation to notify the employer of any subsequent convictions.
View related contract templateCommon Mistakes
- Requesting enhanced DBS checks for roles that only qualify for basic checks
- Blanket rejection of applicants with any criminal record
- Not having a written policy on recruiting people with convictions
FAQ
How often should DBS checks be renewed?
There is no legal requirement to renew DBS checks at fixed intervals, but it is best practice to recheck every 3 years for roles requiring enhanced checks. The DBS Update Service (£16/year) allows employers to check the status of an existing certificate at any time.
Can an employer withdraw a job offer based on a DBS check?
Yes, but the decision must be proportionate and consider the nature of the offence, its relevance to the role, how long ago it occurred, and any evidence of rehabilitation. A blanket policy of rejecting all applicants with convictions is likely to be challenged as disproportionate.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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