Recently we’ve received numerous queries from clients regarding DBS checks and the criminal record filtering rule. Following advice from the safer recruitment consortium, an anomaly has been identified. This anomaly means unspent criminal convictions are not always disclosed on a standard or an enhanced DBS certificate due to the complexity of the filtering rules introduced in November 2020.
The government has announced there will be a resolution and subsequent amendment to The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023), which will ensure information disclosed on a standard or an enhanced DBS certificate details what individuals must disclose to a prospective employer under the self-disclosure rules. This rectification will make it explicitly clear what cautions and convictions cannot be filtered unless/until they are spent, in line with the specified time periods.
It is unknown at present, when this legislation will be rectified to ensure this information is received. So please, keep an eye out for our next update!
Our team has multiple safer recruitment accredited trainers who are confident with the DBS filtering rules and where they apply. Our team understands how complex and widely misunderstood the filtering rules are by schools and children’s workforce organisations, therefore if you are in doubt please refer to your safer recruitment workbook (if you’ve attended our training) or get booked on to our training on the 12th September 2023.
Remember: Roles which are subject to standard or enhanced DBS checks, applications must be asked BOTH of the following questions in their criminal/suitability self-disclosure:
- Do you have any unspent conditional cautions or convictions under the Rehabilitation of Offenders Act 1974? (Y/N)?
- Do you have any adult cautions (simple or conditional) or spent convictions that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020? (Y/N)?
If you do not have a criminal self-disclosure form, speak to one of the team. If you are a Fusion customer you can login to your document portal to access a wide range of templates. You may also be interested in our free How To Guides available on our website to download for free!
You may also be interested in taking a look at our safer recruitment software for education, FACE-Ed, which can provide peace of mind through application scanning and ensuring education recruitment compliance with section 1 compliant onboarding. Request a demo today to learn more.
