About DBS checks for students
What is a DBS check?
A DBS check is a criminal records check processed through the Disclosure and Barring Service which provides details of an individual's criminal record. For certain roles it will include information held on the children and adults barred lists, together with any information held locally by police forces that is reasonably considered to be relevant to the applied for post.
Who needs one?
Your students will need to have a DBS check if they will be:
- working with children (anyone under the age of 18)
- working with vulnerable adults
- carrying out an activity which is considered a ‘regulated activity’
Regulated activity
The following activities are considered a 'regulated activity'. Frequent means once a week or more (except in health or personal care services where frequent means once a month or more). Intensive means four times in a month or overnight.
- Activity involving contact with children or adults and of a specified nature (eg. teaching, training, personal care, supervision, advice, medical treatment or in certain circumstances transport) on a frequent, intensive and/or overnight basis.
- Activity involving contact with children in a specified place (eg. schools, care homes etc.) frequently or intensively.
- Fostering and childcare.
If an individual is considered to be engaged in regulated activity, an Enhanced level check can be requested with an additional check against the appropriate barring list.
The University’s safeguarding responsibilities and DBS checks
The University has a responsibility to risk assess the role an individual will undertake to determine the level of contact the post holder will have with members of the vulnerable groups.
Before considering asking a person to make an application for a DBS check, the University is legally responsible for ensuring we are entitled to ask that person to reveal their conviction history.
- University's student Membership and Disclosure and Barring Service Checks Policy and Procedure (.pdf)
Types of checks
Standard checks
To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.
Enhanced checks
To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations.
Enhanced checks with children's and/or adults' barred list check(s)
To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the definition of regulated activity. There are a small number of other positions for which you can also request list checks.
If a position is not listed, eligibility can still exist if it is considered the post holder will be engaged in ‘Regulated Activity’.
Overseas checks
If the student needs a DBS check and has lived outside the UK for six months or more within the last five years, then they will need to provide an Overseas Police Check/Certificate of Good Conduct from the country/countries they have previously lived in, in addition to a UK DBS check to cover the period of time they have spent in the UK.
The process of obtaining an overseas check, and the time it takes to complete, will vary from country to country as there is no standardised practice for providing overseas checks. Please see the government guidance on overseas checks.
When determining whether a student is eligible for a DBS check or whether a planned activity can be deemed a ‘regulated activity’, the University’s DBS team will:
- gather information from the relevant department or individual
- seek advice from our DBS provider, an external company called Atlantic Data Ltd
We do not expect individual staff members to make decisions about eligibility for a DBS check, so please contact the DBS team if you think a student might need one.
Status checks and the Update Service
Some students will sign up to the Update Service when they complete their initial DBS check. This allows applicants to keep their DBS certificate up to date and means that the University or placement provider can check whether there have been any changes to the student’s DBS certificate with a ‘status check’.
This service is mandatory for some courses (such as Social Work) due to the requirements of the placement provider, but some students will decide to sign up even if it is not mandatory. The Update Service costs £13 per year, which is payable by the student, unless it is a compulsory requirement of their course.
Determining eligibility for a DBS check
When determining whether a student is eligible for a DBS check or whether a planned activity can be deemed a ‘regulated activity’ (see above), the University’s DBS team will:
- gather information from the relevant department or individual
- seek advice from our DBS provider, an external company called Atlantic Data Ltd
We do not expect individual staff members to make decisions about eligibility for a DBS check, so please contact the DBS team if you think a student might need one.
Process for checking eligibility
- The DBS team sends the student or their department a DBS check eligibility form (.docx) via email and asks for it to be returned to dbs@essex.ac.uk once completed
- The completed form is sent to Atlantic Data for confirmation of entitlement.
- Atlantic Data determines if the activity is eligible for a DBS check in accordance with the government DBS guidance and may come back with further questions.
- If there are further questions, the DBS team goes back to the department and then forwards the reply on to Atlantic Data until an agreement has been reached.
- At this point, the DBS Team also contacts the student and confirm what type and level of check have been set up and gives them the opportunity to declare any criminal offences prior to their DBS result. We are legally entitled to ask them to declare any spent and unspent offences that are not deemed protected, as outlined in the policy (.pdf) (section 2.2.3).
