DBS checks

Depending on the role you are applying for you'll need to tell us about your unspent and spent criminal convictions and cautions that are not protected. This means that they are not eligible for filtering, as explained in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended). The application form will make it clear what information you need to disclose. 

Declarations should include any convictions and cautions that may have been issued in another country, where an equivalent offence in England and Wales is not protected. It also applies to Summary Hearings issued under military law while serving in the Armed Forces.

If the job is eligible for an enhanced disclosure, any later check we carry out with the Disclosure and Barring Service (known as a DBS check) may include other relevant non-conviction information held on police databases. This is at the discretion of the Chief of Police or Chief Constable of the relevant police force.

If the role you are applying for is a regulated activity as outlined by the Safeguarding Vulnerable Groups Act 2006 (amended by the Protection of Freedoms Act in 2012), the enhanced disclosure may also include any information that is held about you on the children's or adults' barred list.

How we use your information

We will:

  • consider any criminal record information on a case-by-case basis

  • only take into account information that is relevant to the position you are applying for

  • balance this information against the skills and competencies you've demonstrated in your application

  • balance this information alongside other information we have obtained about you as part of the pre-employment check requirements

  • align to the Code of Practice issued by the Disclosure and Barring Service (DBS), which sets out what employers need to consider  when criminal record information is disclosed in a DBS check

By giving information that's relevant to the job you're applying for, we will take into account:

  • the seriousness of an offence

  • your age when you committed it

  • how long ago it was

  • if there's a pattern of offending behaviour

  • the circumstances surrounding an offence

  • any evidence you give to show that your circumstances have changed since the offending behaviour

You need to be clear about:

  • what information may be included on your criminal record

  • what information you need to tell an employer

  • your legal rights when giving the information

Model declaration form guidance

If you are successful at interview and the role you have been offered requires a DBS check, you will be required to complete a model declaration form during pre-employment checks. In this form you will be asked to provide details of any criminal convictions and/or cautions that are not protected.

This is regardless of whether the conviction or caution has been issued in the UK or, in any other country where it would be considered an equivalent (or similar) offence in England and Wales and it is not protected. 

  • It includes cautions that have been issued under military law while serving in the Armed Forces, either in the UK or any other country, where it would be considered an equivalent offence in England and Wales and is not protected. 

  • It includes criminal convictions or relevant service discipline convictions received within the Armed Forces Justice System (e.g. through Summary Hearing or Court Martial) where it would be considered an equivalent offence in England and Wales and is not protected.

  • It does not include parking offences. In such cases, you can tick NO.

Data Protection Act 2018

Under the Data Protection Act 2018 we have a legal duty to provide you with information which explains the lawful basis for collecting special categories of personal data, what it will be used for, who information will be shared with and how it will be processed. 

The Data Protection Act 2018 defines special categories of personal data as racial or ethnic original, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. It also includes data relating to criminal convictions and other similar offences, and security measures. 

What will information be used for:

The information you provide using model declaration form A will used for the purpose of determining your suitability for the position you have applied for, in accordance with the NHS Employment Check Standards. It will also be used for enquiries in relation to the prevention and detection of fraud. 

Who information will be shared with:

Access to any such information will be strictly limited to those who are entitled to see it as part of their duties, and in accordance with our local policy on the correct handling and safekeeping of special categories of personal data.

How will information be processed:

Once a recruitment or other relevant decision has been made we will not keep any information declared in this form for any longer than is necessary. As a minimum this will be for a period of six months to allow for considerations and resolution of any disputes or complaints. If you have responded yes to any of the questions and are appointed, any information you may have provided either using this form or separately will need to be retained for a longer period to evidence safe recruitment practice as part of any scheduled safeguarding audits. The form and any additional information provided will be kept securely and separately from any personnel records.

Once the retention period has elapsed, any information will be securely destroyed by shredding, pulping or burning. While awaiting destruction, the secure handling of information as described above, will be adhered to at all times. It is important for us to make you aware that, while the form and any additional evidence you provide will be destroyed, we retain the right to keep a record of the type of checks undertaken, the date of these checks, the position for which the checks were made and justification for the recruitment decision.

Further advice

You can get free, independent and confidential advice about how best to give criminal record information and your rights from Nacro and Unlock.