Skip to main content

DBS Policy

This document sets out our policy on asking questions about a prospective (or existing) employee’s criminal record and carrying out Disclosure and Barring Service (DBS) checks.

We are committed to complying with the DBS Code of Practice and our data protection obligations. We will treat prospective and existing employees fairly and will not discriminate unfairly on the basis of a conviction or other information revealed. This policy explains how we collect, use, store, and delete criminal records information and how staff must handle such information.

Our Commitments

  1. Seek criminal records information only where justified.
  2. Be concise, clear, and transparent about how we obtain, use, and delete such information.
  3. Ensure correct handling, use, storage, retention, and disposal of DBS certificates and certificate information.

Policy Statement

  1. Having a criminal record will not necessarily bar you from working with us. We will consider the circumstances and relevance of any offences to the position in question, balancing the rights and interests of the individual, our employees, customers/clients, suppliers, and the public.
  2. We will treat all applicants, employees, and volunteers fairly but reserve the right to withdraw an offer of employment if relevant information is not disclosed or if a DBS check reveals information that makes you unsuitable for the role.

Scope and Definitions

This policy applies to criminal records information relating to job applicants registering with us to seek opportunities within Signet Resources Ltd or with our customers/clients and current and former staff and consultants, including employees, temporary and agency workers, interns, volunteers, and apprentices.

Asking for Criminal Records Information

  1. Before recruiting for any post, we will assess whether it is justified to seek criminal records information for that post and, if so:

    1. whether to limit the information sought to offences that have a direct bearing on suitability; and
    2. whether the information should be obtained from the individual or the DBS.
  2. If an assessment was carried out for the same or similar post within the last 12 months, we may rely on that assessment.
  3. We are justified in obtaining criminal records information if it is necessary for performance of the employment contract, to comply with a legal obligation, or for our legitimate interests.
  4. The level of criminal records information and DBS check (CRC or ECRC) depends on the post. See Appendix 1.
  5. As part of our legislative requirements as a recruitment agency, we ask individuals to disclose any unspent convictions with dates to This email address is being protected from spambots. You need JavaScript enabled to view it.. We perform a DBS check when the individual has a conditional offer of employment.

  6. We will only ask for criminal records information that we are legally entitled to see:

    1. For posts not exempt from the Rehabilitation of Offenders Act 1974, we ask only for unspent convictions.
    2. For posts exempt from the Act, we ask for any convictions, cautions, reprimands, or final warnings not filtered (or “protected”). See Appendix 1.
  7. If the information can be limited to offences directly relevant to the job, we will limit the request accordingly.
  8. Where a DBS check is necessary, all applications, adverts, and briefs will state that a DBS application will be submitted if the individual is offered the position.
  9. Applicants will only be asked to complete a criminal records information form once an offer is made conditional, not at earlier stages.
  10. We will provide a copy of this policy before an individual is asked to complete a criminal records information form.
  11. If we are not justified in seeking criminal records information, we will not ask for it.

  12. If using the DBS to verify information, we will:

    1. provide our DBS data handling policy (Appendix 2);
    2. make subjects aware of the DBS Code of Practice and provide a copy on request; and
    3. comply with the DBS Code of Practice.
  13. We will not rely on a previously issued DBS certificate.

  14. Once information has been verified through a DBS check, we will:

    1. give the applicant the opportunity to explain any inconsistencies;
    2. record that a DBS check was completed and whether the result was satisfactory; and
    3. delete the certificate and any record of its contents unless, in clearly relevant exceptional circumstances, limited retention is necessary (no longer than six months).
  15. We will not seek information from any source other than the individual or an authorised DBS service.
  16. DBS certificate information will be handled and kept in accordance with Appendix 2.

Where an Unprotected Conviction or Caution Is Disclosed

  1. We will discuss concerns with the prospective employee and carry out a risk assessment.

  2. We will not refuse employment solely because someone has a criminal record. Before deciding, we will:

    1. give the individual an opportunity to address concerns; and
    2. conduct a risk assessment.

  3. In assessing risk we consider:

    1. relevance to the position;
    2. seriousness of the offence;
    3. circumstances of the offence;
    4. age of the offence;
    5. whether there is a pattern of offending; and
    6. whether circumstances have changed since the offending.

Training

  1. Those involved in recruitment will be trained to identify and assess relevance and circumstances of offences.
  2. They will also receive guidance and training on relevant legislation, e.g., the Rehabilitation of Offenders Act 1974.

Appendix 1: Level of DBS Check and Filtering

Requesting a DBS Certificate

We may request a criminal record certificate (CRC) if the position is excepted from the protections of the Rehabilitation of Offenders Act 1974 (i.e., included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended).

Filtering of Protected Convictions and Cautions

  1. Certain old and minor convictions and cautions are “protected”: they are filtered out of a DBS check, need not be disclosed, and are not taken into account.
  2. Listed offences are never filtered (generally serious sexual or violent offences, or safeguarding-relevant).

  3. A conviction is protected (filtered) if:

    1. the offence is not listed;
    2. no custodial sentence (or service detention) was imposed;
    3. it is the individual’s only conviction; and
    4. 11+ years have passed (or 5 years 6 months if under 18 at conviction).

  4. A caution is protected (filtered) if:

    1. the offence is not listed; and
    2. 6+ years have passed (or 2+ years if under 18 at caution).
  5. As part of an ECRC, the police may disclose other information that they reasonably believe is relevant and ought to be included.

Appendix 2: DBS Data Handling

Storage and Access

DBS certificate information is kept securely with strictly controlled access.

Handling

Certificate information is only passed to authorised individuals in the course of their duties, and we maintain a record of disclosures. It is a criminal offence to pass this information to anyone not entitled to receive it.

Usage

Certificate information must only be used for the specific purpose for which it was requested and consented to.

Retention

We do not keep copies or images of certificates, nor any copy or representation of their contents. We retain only the date of issue, name of subject, type of certificate, position, unique number, and recruitment decision, and we store this securely with strict access control.

Disposal

Once the retention period has elapsed, DBS certificate information is deleted immediately.

Return to Privacy Policies and Fair Process Notices