One of the biggest changes in the DBS system since its introduction in 2012 was the adding of a basic disclosure option in 2017. A basic disclosure, unlike the more detailed standard and enhanced options, is open to everyone, irrespective of the job they are employed to do. Standard and enhanced disclosure applications are restricted to those undertaking “regulated activity”, which is carefully defined in law and usually applies to people working with vulnerable groups like children or patients in hospitals.
As basic disclosures can be obtained by anyone, many organisations and public bodies use these as certificates of “good character”, allowing the employer to find out about someone’s current and unspent criminal records. Many councils around the UK are calling for this basic level of checking to be compulsory for anyone applying to work as a local councillor representing their local communities.
Detail on a Basic DBS Certificate
A basic DBS certificate will show unspent convictions and cautions only. Spent or unspent is a legal term, which means disregarding convictions. In practical terms, this system means that after a certain period of time, someone who has committed a crime or who has been cautioned no longer has to disclose that to employers or anyone else. The length of time it takes for a conviction to be spent depends on the type of offence and the age of the person when the crime was committed. In general terms serious crimes take longer to be spent than minor offences or cautions. The most serious offences are never considered as spent. More detailed levels of DBS certificates will sometimes reveal older spent convictions and cautions if they are thought to be relevant to the position being considered.
A Basic DBS certificate will be used by many organisations to assure themselves that the people they are employing or working with are fundamentally honest and of good character, rather than being people with a long criminal record.
DBS Checks for Councillors
Councillors are the people who are responsible for making the day-to-day decisions about how our towns and cities run, by deciding where new schools should be located, or allocating budget spend to roads or leisure. These are positions of considerable responsibility and councils wish to ensure that the people who are elected to the Council are of good character. A basic DBS check would achieve this, although as councillors are employees rather than volunteers, getting DBS checks has a cost implication for councils. At a time when council budgets are stretched, there is a counter argument that this is not a good use of public funds. There is currently no legal requirement for councillors to be DBS checked, and it is unlikely that this sort of legislation will be introduced as there is no similar requirement for MPs and other public officials. In England alone there are around 20,000 councillors working at all levels of local government, so getting everyone checked is not a small project.
