Overview of DBS checks for staff and volunteers

This guide gives information about getting DBS checks for staff and volunteers. It includes links to tools that will help you understand how the law applies to roles in your organisation.

You may also need to get specific legal advice about your obligations in this area.

You must make sure that your trustees, staff and volunteers are suitable and legally allowed to carry out their role in your organisation. Understanding people’s criminal history can play an important part in how you decide who to work with.

You can find out people’s criminal history by:

• asking them to tell you
• requesting or obtaining a DBS check, at one of four different levels
• checking whether they’re barred from working with children or adults in regulated activities (work that a barred person must not do).

1. You’ll need to understand a complex legal framework to decide which checks to make. It will be a judgement call on best practice for the level of risk in your organisation. There are tools that can help you, including DBS eligibility guidance.
2. The law sets out when roles will be eligible for DBS checks, and at which level. It makes it an offence to employ (or work with, in the case of volunteers, freelancers and contractors) anyone who is barred from certain activities that involve children and adults who are at risk. It also makes it an offence to knowingly seek a check for someone if the role they’re being considered for isn't eligible.
3. The rules on the appropriate levels of check differ for people working with children and those working with adults. They also depend on the activities they're involved in, how often, and in what situation.
4. If you’re carrying out DBS checks you should have a policy on recruiting ex-offenders, to make sure you’re using the checks fairly and in accordance with the law and best practice. Applicants can ask to see the policy. The Disclosure and Barring Service has a sample ex-offenders recruitment policy that you can use or adapt.
5. Criminal history shouldn’t be the only way you decide whether someone is suitable for a role. You must make it part of a wider safeguarding risk assessment, and safer recruitment practices. Many people who have harmed others previously, or are otherwise unsuitable for a particular role at your organisation, may not have a criminal record.