For many people, DBS checks are essential in the hiring process, especially for roles involving children or vulnerable groups. The idea of "failing" a DBS check is often mentioned, but the legal position about this isn’t clear in many cases. We’re going to explain what a “failed” DBS check really means, what information is disclosed, and the implications for both individuals and employers.
What is a DBS Check?
A DBS check is a criminal records check conducted by the Disclosure and Barring Service (DBS) in England and Wales to help employers make safer recruitment decisions. There are three levels of DBS checks: Basic, Standard, and Enhanced, with Enhanced checks providing the most thorough information.
What Does it Mean to Fail a DBS Check?
Technically, there is no “pass” or “fail” for a DBS check. Instead, the check discloses relevant information, leaving it up to the employer to determine if the findings impact the applicant’s suitability for the role. A “failed” DBS check generally means the information raises concerns about the individual’s fit for the position. Each employer will make their own decision about the level of risk they are prepared to take. The only instance where a DBS check can be failed is when the checks involve a search of the Barred List, a register of people legally blocked from working with children, adults, or both. People on this register will be well aware of that fact; you won’t be on it without your knowledge.
Reasons a DBS Check May Raise Concerns
Certain types of information on a DBS check may make an employer think more about whether you are the right person hire. Again, this decision will vary depending on the position and the employer’s policy. The main things they will look at are:
- Criminal Conviction: Serious or repeated offences, especially those involving violence, sexual offences, or dishonesty.
- Cautions and Reprimands: Even minor offences or warnings may be relevant, particularly if they seem to indicate a pattern of behaviour.
- Police Information: Relevant details from police records, even if no formal charges were made. This only applies to enhanced disclosures.
- Barred Lists: Inclusion on the DBS barred lists prevents an individual from working with children or vulnerable adults.
Employer Risk Assessment
If a DBS check reveals concerning information, it is up to the employer to decide whether they wish to go ahead and hire someone, or not. They will look at factors such as the length of time since the offence, whether it was a one-off or part of a longer pattern of crime, and what the person has been doing since they got into trouble. There are no hard and fast rules, and each employer will make its own decisions based on the information they have and the type of position.
If you are aware that a DBS check is likely to flag up some issue in your past, it is best to be honest about this. Try to show that your crime or caution was a blip on your record, and that you have been a reformed character ever since.
