Updates on DBS checks

The DBS has updated its “Statuatry Guidance Rules” – designed to help police who are making decisions on what to include in Enhanced DBS checks.

It has been amended as of November 16th 2021, reflecting a Supreme Court Judgement. This may affect whether an Enhanced check can be issued, or its contents, so if your organisation requires many Enhanced checks, it would be worth checking out the rules:

https://www.gov.uk/government/publications/statutory-disclosure-guidance

Here is the DBS’s statement on the topic:

This statutory code of practice followed on from a review of the criminal records regime conducted by Mrs Sunita Mason, formerly the Government’s Independent Advisor for Criminality Information Management, and is issued under powers in the Protection of Freedoms Act 2012.

It is designed to assist chief officers of police in making decisions about providing information from local police records for inclusion in enhanced criminal record certificates.

The first edition was effective from 10 September 2012 and the second edition, amended to include guidance on disclosing information relating to mental health, came into force on 10 August 2015.

The third edition, which has been amended to reflect recent court judgments, including the Supreme Court judgment in the case of P and others v SSHD & MOJ [2019] UKSC 3, came into force on 16 November 2021.

Disclosure and Barring Service

If you have any concerns about how the changes could affect your organisation, feel free to reach out to us and we would be happy to clarify any points.