Can A DBS Check Be Completed Without Your Consent?
DBS Checks are most often required for job roles where individuals will be working with or alongside vulnerable groups. This can include children or vulnerable adults.
In many industries, new employees can’t start working until DBS Checks have been completed. Understandably, employers can be keen to get DBS Checks done as quickly as possible.
However, in some cases, organisations may try to conduct a DBS Check without your consent. Can they do this? And, what can you do in this situation?
Can A DBS Check Be Completed Without Your Consent?
The short answer is a resounding, ‘No!’.
Conducting a DBS Check on someone without their express consent is unlawful.
As part of the DBS application process, extensive personal information and documentation is needed. Applicants also need to sign a declaration when completing the form, confirming all the data is correct and whether they have any convictions.
If an employer gathers this information without your consent, they will violate UK data protection laws.
Conducting the wrong level of DBS Check
There are three different types of DBS Check:
Basic DBS Check: The lowest level of criminal record check in the UK. This check involves a search for an applicant's details against the Police National Computer (PNC) for any unspent convictions.
Standard DBS Check: These include the same information as the Basic DBS but also includes records of spent convictions (unless they have been filtered).
Enhanced DBS Check: This is the highest level of criminal record check available in the UK. They include all the information outlined above. They can also include an optional search of the Barred Lists (Adult, Child or both). Enhanced DBS Certificates also include any notes that local police forces deem relevant to an employer based on the job role stated on the application form.
In some cases, employers try to apply for the incorrect level of DBS Check. This can be accidental, because of a lack of knowledge about DBS Checks. But, sometimes, organisations deliberately try and apply for the wrong level of DBS Check.
Standard and Enhanced DBS Checks are only available to employers who are eligible to ask, ‘an exempted question’. This means it is legally necessary to be made aware of an individual's full criminal record history before they can start employment.
The most obvious roles that fit these criteria are things like teachers, doctors and care assistants. Pretty much any roles where there will direct care, support or assistance to a vulnerable demographic.
If you are being asked to complete a Standard or Enhanced DBS check for a role that doesn’t meet these criteria, this is unlawful.
Knowingly requesting a higher level of DBS check than is legally allowed is a breach of the Data Protection Act 2018 and other relevant legislation.
Someone’s completed a DBS Check on me without my consent
If an organisation has or is trying to carry out a DBS Check on you without your consent, this is unlawful.
If this is happening to you, contact Nacro. They are one of the leading justice charities in the UK and can help advise you. You can contact Nacro by calling 0300 123 1999 or emailing helpline@nacro.org.uk.
If you are in a situation where you feel you have been forced to complete a DBS Check, you should keep a note of your application reference number.
You should then email DBS Customer Services at customerservices@dbs.gsi.gov.uk, with the following information:
Your full name, current address and date of birth
The position applied for (attach the job description if you have one), the organisation’s name, the Registered Body number and the 11-digit reference number on the DBS application form
Details of why you think the application is not eligible
In the subject line of the email enter ‘APPLICATION ELIGIBILITY QUERY – URGENT’.
The DBS will then investigate whether the DBS Check was submitted correctly. If they aren’t satisfied, they will remove the check from the process. If they are happy, they will continue the process and notify you.