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What Are the Legal Requirements Regarding Disclosure Certificates?

Apply for a DBS Check

Many businesses are keen to ensure that background checks are carried out to protect employees, customers and clients. However, it is essential that DBS Checks are carried out in the right way. The following considerations must be made when carrying out background checks to ensure they are completed legally.

 

Is Permission Required for DBS Checks?

Businesses and organisations must seek permission beforehand when a DBS Check is carried out. If a DBS Check is carried out without making the person aware, then the company is breaking data protection guidelines, which could lead to legal ramifications.

When a Basic DBS Check is needed, the individual can carry this out themselves. However, individuals cannot request their own Standard or Enhanced DBS Check because of the potentially sensitive information they contain.

 

Can a Company Be Prosecuted for Not Carrying Out a DBS Check?

Although many businesses enforce a strict policy regarding background checks, there are no legal requirements to complete one. However, companies must show that they are safeguarding the general public, other employees and vulnerable groups of people. The best way of achieving this is with a DBS Check.

 

How Often Can DBS Checks Be Carried Out?

There is no limit regarding DBS Checks as long as permission is given before each check. The frequency of DBS Checks can range from a couple of months to two years. However, industries involving children and vulnerable adults typically require frequent checks.

 

Who Can Request a DBS Check?

Individuals can request a Basic DBS Check, or a business can complete one on their behalf. However, Standard and Enhanced DBS Checks can only be carried out by a company. As such, those wishing to carry out Standard and Enhanced DBS Checks can only do so via a corporate account.

 

Can Third Parties Carry Out DBS Checks?

Although third-party agencies can complete DBS Checks, the information and identification must be collected by the business or organisation.

It is also vital to ensure that when using an outside agency, they are recognised by the Disclosure and Barring Service. However, as long as you obtain permission and the correct details, there can be several benefits when using an external agency.

 

What Are the Benefits of Using an External DBS Check Company?

Although businesses and organisations can apply directly to the Disclosure and Barring Service for a criminal record check, using an external agency often means the process is much faster. The processing time for a disclosure certificate via the Disclosure and Barring Service can range between two to eight weeks.

Those wanting to employ several people may find the processing time hinders their recruitment process but offering a role beforehand could create other issues.

Using an external agency for DBS Checks ensures that companies can receive digital results on the same day and the processing times of physician disclosure certificates are fast-tracked.

Furthermore, using an external agency for background screening allows businesses to streamline their administrations, as only completed certificates can be viewed via secure cloud storage.