Which DBS Criminal Check Level Is Right for You? Basic, Standard, and Enhanced Explained

Please note that **requesting the wrong DBS check can expose organisations to legal & regulatory risk and risk to the reputation of the organisation**. The DBS service offers 3 levels of checks, these are as follows: - **Basic** - **Standard** - **Enhanced** ## Basic This level of check discloses unspent convictions and conditional cautions, but it does not provide detailed information. There **are no eligibility criteria** for this type of check and it can be requested for any reason, as long as they have permission from the candidate. Individuals can also request a Basic DBS for themselves for any purpose. ## Standard This check will display the details of **both spent and unspent** convictions, cautions, reprimands, and warnings that are held on the Police National Computer, which are not subject to filtering. A Standard check will need to follow eligibility criteria prescribed in legislation and is only available for positions in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Common industries that request Standard DBS checks: - **Finance – Positions regulated by FCA, Prudential Regulation Authority or the Bank of England/FCA Approved Person** - **Legal - Barristers, Solicitors, Legal Executive** - **Football Stewards** - **Pharmaceutical** - **Security - Bodyguard, Security Guard, Doorman/Bouncer** You can confirm your candidate's eligibility for this check here: https://www.gov.uk/government/publications/dbs-check-eligible-positions-guidance ## Enhanced This is the most comprehensive level of DBS. It will show cautions, reprimands, warnings, spent and unspent convictions, **plus any extra information held about the candidate on local police records, however, they will only include this if considered relevant to the job role.** The eligibility for this kind of check is prescribed in legislation and it's suitable for people working with children or vulnerable adults due to age, illness, and/or disability. It can also include a search in the Adult's Barred List and the Children's Barred List for the candidate who will be performing a regulated activity within their role. Common job roles that have an Enhanced DBS: - **Support Workers/Care Workers** - **Nursery Assistants** - **Teachers** - **Psychotherapists** - **Doctors** - **Social Workers** You can confirm your candidate's eligibility for an Enhanced DBS here: https://www.gov.uk/government/publications/dbs-workforce-guidance **Requesting the wrong DBS check can expose organisations to legal & regulatory risk and risk to the reputation of the organisation.** ___ # Why Does DBS Eligibility Matter? Requesting the correct level of DBS check is a **legal requirement**, not a choice based on risk or preference. Organisations are only entitled to access criminal record information where the role meets the eligibility criteria set out in legislation. Knowingly requesting a higher-level check than the law allows can be unlawful and may breach the Rehabilitation of Offenders Act 1974, the Data Protection Act 2018 and UK GDPR. Getting this wrong creates significant legal risk and risk to the reputation for employers. In regulated sectors, incorrect DBS practices can be identified during audits, inspections or tenders, leading to damage to reputation, contractual issues or regulatory scrutiny. Candidates can and do challenge inappropriate DBS checks, including claims of unlawful or enforced disclosure of spent convictions. Where disclosure of spent information affects hiring decisions, this can result in complaints, compensation payments or legal action if those complaints are upheld. Finally, requesting a higher DBS level does **not** make recruitment **safer**. Over-checking increases compliance and data protection risk without improving safeguarding outcomes. Where a role is not legally eligible for a Standard or Enhanced DBS check, organisations should instead rely on proportionate safer recruitment measures such as robust background checking, supervision and clear safeguarding policies. ## If the wrong DBS level has already been requested If a Standard or Enhanced DBS check has been requested but the employer now realises the role only requires a Basic DBS or vice versa, the employer should not continue with or use the wrong-level check. - If the current request is still in progress, cancel the current request. - Create and send a new background check request at the correct DBS level. The candidate must complete the new request at the correct level. - If the wrong-level Standard or Enhanced certificate has already been issued, the employer should not view the certificate if they now know only a Basic DBS was required. - If the employer has already viewed the Standard or Enhanced certificate, they must not make recruitment decisions based on that certificate. This is important because Standard and Enhanced checks disclose more information than a Basic DBS and have eligibility requirements. The check level must match the role requirement.