Our HR team over at FusionHR have received numerous queries regarding DBS checks and the criminal record filtering rule.
The Safer Recruitment Consortium have issued advice and an anomaly has been identified. The 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.
There has been a government announcement confirming there will be a resolution and subsequent amendment to The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023), ensuring 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 amendment will make it very clear what cautions and convictions cannot be filtered unless/until they are spent, following the specified time periods.
There is no set date for when this legislation will be rectified to ensure this information is received. We will be keeping in touch with our HR advisers at FusionHR to get updates on the amendments.
FusionHR has multiple Safer Recruitment accredited trainers who are confident with the DBS filtering rules and where they apply. The 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. This training is so important if you are conducting education recruitment as at least one member of your interview panel must be Safer Recruitment trained. Our training is held virtually for ease to attendees and can be completed within a day.
Remember: Where roles are subject to standard or enhanced DBS checks, applicants 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 have any questions regarding this article, please get in touch with our HR team at FusionHR who will be more than happy to help.
FusionHR are the same team who supported the creation of our recruitment software for education, FACE-Ed, which can provide peace of mind through application scanning and highlighting of areas to address for Safer Recruitment and Section 1 compliance. Safely find the face that fits and request a demo today to learn more.
