I can't make sense of this DBS question, to declare or not to?

schoopdewhoop · 12 Jul 2018 at 18:08

Hoping I can get your guys opinion on this. So unfortunately about five years ago I attained a caution for ABH and most jobs nowadays ask about cautions and convictions. On two recent occassions I have been asked by agencies (through application forms) if I have any "unspent criminal convictions". On both occassions there was a statement above the question, not easy to follow, jargon about "unspent conviction and cautions... in accordance with Police Act... Please refer to...". However, the question in itself never mentions cautions, so I opted for no.

I'm awaiting responses but both interview could not of went better. My main question is whether I contact them and explain this providing details of the caution, or have I been in my right? I really wish I could remember the above statement, but both times I was being watched and nobody with a clean record would glance twice before signing. During the second interview I did give it a few read through's, from what I can make out I THINK it was just guidance in to the acts surrounding unspent cautions and convictions.

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Stretch · 12 Jul 2018 at 18:12

A caution is not a criminal conviction.

It will only show up on the higher level DBS checks when applying for specific jobs such as working with children.

You shouldn't declare it.

d_brennen · 12 Jul 2018 at 18:20

It will show on an enhanced DBS, so depends on the job and what level of check they are doing

schoopdewhoop · 12 Jul 2018 at 18:40

Stretch said:
A caution is not a criminal conviction.

It will only show up on the higher level DBS checks when applying for specific jobs such as working with children.

You shouldn't declare it.

These were my thoughts also.

d_brennen said:
It will show on an enhanced DBS, so depends on the job and what level of check they are doing

This is kind of what baffles me. They haven't mentioned anything about a DBS so far, although I'd imagine with such a form they will, unless its protocol for all employers? I dont know. Even so, its the question of whether I am in my right to maintain privacy surrounding the caution, only for the fact the question never stated cautions.

Caracus2k · 12 Jul 2018 at 19:09

What is a caution and how long does it last?

Unless you are working with vulnerable adults or children you should be fine.

d_brennen · 12 Jul 2018 at 19:24

I've had to be enhanced vetted for working in a data centre, with no children or elderly

I think it was CRB back then

Robert · 12 Jul 2018 at 20:44

Same thing really

Stretch · 12 Jul 2018 at 21:25

d_brennen said:
I've had to be enhanced vetted for working in a data centre, with no children or elderly I think it was CRB back then

I'm not sure if the system has changed recently, but employers are not allowed to request standard/enhanced checks unless you role falls with the DBS guidelines.

Eligibility for an enhanced check is very uncommon. It apparently details things that you've never even been cautioned for. Accusations, any other information the authorities hold on you. It's essentially "your file".

Robert · 12 Jul 2018 at 23:29

Stretch said:
I'm not sure if the system has changed recently, but employers are not allowed to request standard/enhanced checks unless you role falls with the DBS guidelines.

Eligibility for an enhanced check is very uncommon. It apparently details things that you've never even been cautioned for. Accusations, any other information the authorities hold on you. It's essentially "your file".

Pretty sure “accusations” are not covered.

Diddums · 13 Jul 2018 at 06:35

Stretch said:
I'm not sure if the system has changed recently, but employers are not allowed to request standard/enhanced checks unless you role falls with the DBS guidelines.

Eligibility for an enhanced check is very uncommon. It apparently details things that you've never even been cautioned for. Accusations, any other information the authorities hold on you. It's essentially "your file".

You got any sauce for this? I've had a few enhanced checks and never heard any of this.

haz_pro · 13 Jul 2018 at 07:06

Firstly - check if your caution is spent or not. I think cautions are spent immediately, but I'm not 100% sure. In which case you should be fine.

If you're indeed having a DBS check completed, I'd think this would have been clear in the pack you completed. There are filtering guidelines for all DBS checks (inc. enhanced). However with enhanced it is up to the police (not sure who) to decide if there is anything else relevant they need to disclose.

By the sounds of it, you should be fine. I'd be very surprised if you're having a DBS done and don't know about it.

Diddums said:
You got any sauce for this? I've had a few enhanced checks and never heard any of this.

From gov website:

There are 3 types of check you can carry out as an organisation:

a standard check shows spent and unspent convictions, cautions, reprimands and final warnings

an enhanced check shows the same as a standard check plus any information held by local police that’s considered relevant to the role

an enhanced check with barred lists shows the same as an enhanced check plus whether the applicant is on the list of people barred from doing the role.

d_brennen · 13 Jul 2018 at 07:08

haz_pro said:
By the sounds of it, you should be fine. I'd be very surprised if you're having a DBS done and don't know about it.

You absolutely need to give consent

Stretch · 13 Jul 2018 at 16:31

Diddums said:
You got any sauce for this? I've had a few enhanced checks and never heard any of this.

https://www.gov.uk/government/collections/dbs-eligibility-guidance

https://assets.publishing.service.g...a/file/338090/DBS_guide_to_eligibility_v5.pdf

https://www.mind.org.uk/information...ts/jobs-that-require-dbs-checks/#.W0jFk9JKjmE

Stretch · 13 Jul 2018 at 16:34

Robert said:
Pretty sure “accusations” are not covered.

https://www.cbscreening.co.uk/enhanced-dbs-check/

It's all covered under the other relevant information held... etc.

Stretch · 13 Jul 2018 at 16:37

d_brennen said:
You absolutely need to give consent

You not only need to give consent, most organisations who requested a DBS check would be refused anything more than a basic check without good reason.. even with consent

Diddums · 13 Jul 2018 at 16:45

Stretch said:
https://www.gov.uk/government/collections/dbs-eligibility-guidance

https://assets.publishing.service.g...a/file/338090/DBS_guide_to_eligibility_v5.pdf

https://www.mind.org.uk/information...ts/jobs-that-require-dbs-checks/#.W0jFk9JKjmE

Interesting, thanks.

skylineboy · 13 Jul 2018 at 17:08

Worst case, given the poor wording ‘to your best knowledge’ you thought it was.

That’s worst case. From what you have described so far is that you have not got any outstanding or unspent criminal convictions.

AtaRo · 14 Jul 2018 at 13:43

Criminal record disclosure checks ruled 'unlawful'

Government challenges Criminal record disclosure checks ruled 'unlawful'

Interesting.