Q: Can a DBS check/certificate obtained via another employer or NHS Trust be used for a College role?

A: This is only permitted when all of the following apply:

1. The individual is subscribed to the DBS Update Service; and 
2. They can provide a copy of their original DBS certificate, which must be:
   1. At the same level as needed for their College role (for example it cannot be at a higher or lower level than now needed*)
   2. Have the same barred check lists, where applicable (for example - if the current certificate has Barred List checks, but these are not needed now, the certificate cannot be used*)
   3. Be for the same Workforce (for example - if the current certificate is for an Adults' and Children's Workforce, but only a Children's Workforce is now needed, the certificate cannot be used*)

*We are not legally permitted to carry out a DBS Update check for information we do not need to know for a College role. For example, if the current certificate has a Children's Barred List check, but the individual will not be working with children in their new role, we do not need to know if they are barred from working with children and must not carry out a DBS Update check on that informaiton.  Therefore, we cannot accept DBS certificates at higher levels or that cover more Workforces than needed.

If all of the above apply, the Staff Compliance team, will require a copy of the original DBS certificate to be emailed to them, along with a completed DBS-status-check-consent-form, giving permission for the team to carry out a check on the individual's DBS status. The team will then confirm whether the DBS certificate can be accepted.

If one or more of the above do not apply, a new DBS application must be made.

Q:  I have a DBS certificate for an NHS role at a higher level than required for my College role, why can't this be accepted?

A: For data protection reasons, we are not legally permitted to know more information about an individual than we need to for their College role and therefore are not allowed to carry out an Update check on a DBS certificate, unless it is at the same level and workforce required for their College role*. 

Q: Can a new DBS check be carried out for staff who have DBS clearance that is not adequate for their new/changed role?

A: Yes, if an individual requires a different level of clearance, or workforce, due to changes in their role, a new DBS application can and should be made.

Q: Can a DBS check be carried out for a current staff member now; in case it is needed in the future?

A: No, it is unlawful to carry out a DBS check when there is not a current requirement to do so.

Q: What constitutes ‘vulnerable adults’ when considering whether an Adult Barred list/Workforce is applicable?

A: Vulnerable adults are defined by the Safeguarding Vulnerable Groups Act 2006 (amended by the FOI Act 2012) as: an over 18 year old receiving the service specifically because of their age, illness or disability.  Note "Illness" is defined as someone in receipt of Health Care.

Where a member of staff provides a service to students (over 18 years old) as opposed to being employed to work specifically with ill or disabled students, an Adult Barred list check or Workforce is not applicable.  The member of staff may have contact with an ill or disabled student in the course of their duties, but this would be classed as incidental; so, this role would not fall under the eligibility criteria for an Adult-related Standard or Enhanced DBS check.

Q: Is a DBS check required for staff members who are First Aiders?

A: No, a DBS check can only be requested in relation to administering First Aid if this is being carried out "on behalf of an organisation established for the purpose of providing first aid (for example, St John Ambulance Service)".

Q: When is an overseas criminal records’ check required?

A: If the individual has been living overseas within the past five years, an overseas’ criminal records check should be applied for, to cover that period.

The individual is responsible for applying for this check from the relevant authority abroad.  This should be done in accordance with the requirements for the country in question.  Departments may support with the provision of information required for the application, where they are able and at the request of the applicant.

The cost of any overseas check will be borne by the individual. It is at the department’s discretion whether they recompense for this payment, as part of any onboarding expenses.

In the event that the overseas criminal records’ check cannot be obtained, then a review of other documentation should be considered, in line with the guidance set out in Keeping Children Safe in Education.

Further guidance on applying for an overseas check, along with a link to the Home Office’s guidance on how to make applications to specific countries, is given within the College’s Disclosure and Barring Service (DBS) procedure.

Q1 How do I request a new DBS check?

A. For existing staff, casual workers, or volunteers - your line manager/department should complete a ‘DBS check request form’ for the appropriate work setting, which is available in Key documents and forms.

A. For new appointments issued by the Recruitment Hub - the Recruitment Hub will liaise with the employing department direct and will advise the Staff Compliance team that a DBS check is needed.

A. For new appointments issued by the Staff Hub (including Honorary Research Contracts, Short term contracts) - the Staff Hub will liaise with the Staff Compliance team who will contact the line manager/department to complete a ‘DBS check request form’ for the appropriate work setting.

Q2: What is the process and timeline for getting a new DBS check carried out?

A.

1. Once the level and Workforce needed for the check has been established, the Staff Compliance team will arrange for an invitation via Mayflower (our online DBS application provider) to be sent via email to the individual.
2. The individual completes the online DBS application form.
3. The individual’s ID will then need to be verified by one of the options listed in the DBS Applicant process. The ID requirements are very specific, failure to provide the correct ID will delay the application.
4. As soon as the ID verification is complete, the individual's DBS application will be submitted for processing.  The result notification is normally received within seven days and the individual, and their line manager will be informed.

Q: What do I enter in the ‘position applied for’ field?

A: You should enter the role that requires the DBS check, for example, if you are a Lecturer requiring a DBS check, as you have a supplementary role as a Personal Tutor, working with children under 18 years of age, – Personal Tutor should be entered as the position.

Q: I have lived at an address for most of one month, but spent some of the month in hotels, what should I do?

A: State your main address during that period and advise the Staff Compliance team that you spent time in various hotels/other accommodation, so that this can be noted on your application.

Q: I have entered incorrect information onto my DBS application, what should I do?

A: It is important that you provide full, accurate and up to date information on your DBS application. If you have made a mistake, you will be required to complete a new online application, please contact the Staff Compliance team, so that they can send you a new link.

Q: Why should I subscribe to the DBS Update Service?

A: If you are in a role where a DBS check is an essential and ongoing requirement, you will need to subscribe to the DBS Update Service. The College will refund the cost of the subscription fee to you.

Subscribing to the service is a straightforward process.  Once you have done this, the College will be able to carry out, with your permission, annual DBS checks on you, which will remove the requirement for you to complete a new DBS application every three years.

Note: Staff in EYEC, Student Recruitment and Outreach, the Global Summer School and Wardens will be required to have annual DBS checks, so failure to subscribe to the Update Service, will result in a new DBS application being required every year.

Q: When do I subscribe to the DBS Update Service?

A: You must subscribe to the DBS Update Service when:

Your application form is submitted or whilst it is being processed, using your Application Form Reference Number; or
You get your DBS certificate, using your certificate number, within 30 calendar days of the issue date, printed on your DBS certificate.

Before subscribing, read the DBS Update Service applicant guide

When subscribing to the DBS Update Service

Elect to renew your subscription on an annual basis by:

• Setting up an automatic renewal when you first join the update service; or
• Manually renewing your subscription 30 days before your subscription ends (the DBS will send you a reminder email).

Claim a refund of your annual subscription to the DBS Update Service by:

• Taking a screen print of the confirmation payment page once you subscribe.
• Forwarding the screen print with a completed Expense Claim Form (E1) to your department or submit your claim via MyExpenses.

Complete the DBS-status-check-consent-form  giving your permission for the College to carry out a check on your DBS status, and return it to the Staff Compliance team

Q: I have not received my DBS certificate, what should I do?

A: If you have not received your DBS certificate 15 days after the certificate issue date you can request a reprint by:

• Email:  complete the DBS Reprint Form and email it to DBSReprints@dbs.gov.uk 
• Telephone:  call the DBS on 03000 200 190 (Choose option 2 and then option 1 to speak to a DBS Advisor).

Also, email the Staff Compliance team to advise them that you have not received your certificate and have requested a reprint.

Note:

• The DBS will only accept a re-print request from you, we cannot request reprints on your behalf.
• The DBS will not issue a re-print, 3 months after the certificate issue date and so it is important that you contact them quickly if you do not receive your certificate.

Once you receive you certificate keep it in a safe place as you will not be able to get a replacement after 3 months of the certificate issue date.

When accepting contracts of employment with the College, individuals whose appointments are subject to a Disclosure and Barring Service (DBS) check are required to confirm that they have been open and transparent about their past and have fully declared any:

• Unspent conditional cautions or convictions under the Rehabilitation of Offenders Act 1974
• Adult  cautions (simple or conditional) or spent convictions that are not 'protected' as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020 [PDF]

 The following offences, which comprise a list agreed by Parliament, must be declared:

•  All convictions for specified offences
• Adult cautions for specified offences

• All convictions that resulted in a custodial sentence
• Any adult caution for a non-specified offence received within the last 6 years
• Any adult conviction for a non-specified offence received within the last 11 years
• Any youth conviction for a non-specified offence received within the last 5 and a half years

Notes:

• A ‘specified offence’ is one which is on the list of specified offences agreed by Parliament which will always be disclosed on a Standard or Enhanced DBS certificate where it resulted in a conviction or an adult caution. 
• An ‘adult’ is any individual aged 18 or above at the time of the caution or conviction. A ‘youth’ is any individual aged under 18 at the time of the caution or conviction.

The cautions and convictions set out above include a range of offences which are serious, and which relate to sexual offending, violent offending and/or safeguarding. It will never be appropriate to filter offences on this list. A list of offences which will never be filtered is available on the DBS website.

This is not the complete list as the legislation also extends to cover similar offences committed under the law of Scotland and Northern Ireland or under laws relevant to the armed services.

The following guidelines specify the correct handling and safekeeping of Disclosure information, and are in line with the College's Policy Statement on the Recruitment and Employment of Ex Offenders.

General Principles

As an organisation using the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, Imperial College London, complies fully with the DBS Code of Practice regarding the correct handling, storage, retention and disposal of Disclosures and Disclosure information. The College also complies fully with its obligations under the Data Protection Act (DPA) 1998 and, from 25 May 2018, the General Data Protection Regulation (GDPR) - and any other applicable legislation which may follow, as well as the College’s Data Protection policy.

Storage and access

Disclosure information will be kept securely, on an encrypted, electronic file, held separately from the individual's personnel file in line with DBS requirements. In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive in the course of their duties. Access is strictly controlled and limited to those who are entitled to see it as part of their duties, for instance to College employees directly involved in the recruitment and/or Disclosure and Barring Service process. Passing on Disclosure information to anyone who is not entitled to receive it could be considered a criminal offence.

Usage

Disclosure information will only be used for the specific purpose for which it was requested and for which the applicant's full consent has been given.

Retention

Once a recruitment (or other relevant) decision has been made, the Disclosure information will not be retained for longer than is necessary. In general, this will be for a maximum of six months, or for the duration of employment for staff employed under Tier 2 of the UKVI Points Based System,  from the date of issue of a Disclosure, to allow for the consideration and resolution of any disputes or complaints.

If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than 6 months, the DBS will be consulted about this.

Disposal

Once the retention period has elapsed, the College (Staff Compliance team) will destroy the electronic Disclosure information by secure means. The College will not keep any photocopy or other image of the Disclosure. However, the Staff Compliance team will keep a record of the date of issue of a Disclosure, the name of the subject, the level of check, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.

Imperial College London is committed to a policy of equal opportunities in employment whereby individuals are selected, trained, promoted, and treated on the basis of their relevant merits, skills and competency. This policy aims to ensure that ex-offenders receive fair treatment throughout their experience of recruitment and employment within the College.

• As an organisation using the Disclosure and Barring Service (DBS) to help assess an applicants’ suitability for certain posts, Imperial College complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of the Disclosure on the basis of conviction or other information revealed. A copy of the DBS Code of Practice can be made available on request.

• A copy of the Policy Statement on the Recruitment and Employment of Ex-Offenders will be made available to all applicants/staff who undergo a criminal records check.

• To assist the College assess an applicant's suitability for a post considered exempt under the Rehabilitation of Offenders Act 1974, all applicants will be requested to provide details of any convictions, cautions, reprimands or final warnings that are not "protected", as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020 [PDF] at the initial application stage (see Disclosure and Barring Service section above). These posts predominantly include working with children and vulnerable adults.

• The College will at all times exercise vigilance and caution when recruiting to posts which are considered exempt from the Rehabilitation of Offenders and will undertake relevant criminal conviction checks as part of our recruitment process when appropriate.

• Where details of convictions are required, they will be obtained in conjunction with the successful applicant / member of staff via the DBS.

• Where criminal records checks are required for applicants/staff they will be undertaken by the Staff Compliance team only. All information received as part of this process will be treated as highly confidential and in line with the College's Policy regarding the Security, Storage and Retention and Disposal of Disclosures and Disclosure Information, as required by the DBS.

• For those positions where a disclosure is required, all job adverts and person specifications will contain a statement that a Disclosure will be requested in the event of an individual being offered the position.

• A criminal record will not be an automatic bar to employment at the College. The relevance of the offence to the duties of the post will be considered before a final decision on suitability is made. The College ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position.

• Failure to reveal information on criminal convictions, at the initial application stage, that is directly relevant to a position may lead to the withdrawal of an offer of employment.

• Staff are required to notify the Head of Department/Division of any current criminal conviction. Staff are not required to notify spent convictions. Information on convictions occurring during employment will not be used for disciplinary purposes unless it impacts upon the role and responsibilities of the post which the member of staff holds.

Key documents

Disclosure and Barring Service (DBS) procedure

DBS Eligibility Guidance (Healthcare/NHS) [PDF]DBS Eligibility Guidance (Healthcare/NHS) [PDF]

DBS Eligibility Criteria guidance (College roles, excluding NHS) [PDF]

DBS Update Service Information (link to gov.uk)

Forms

DBS-status-check-consent-form

DBS check request for healthcare setting

DBS check request form non NHS

Risk assessment checklist for roles involving contact with children or vulnerabl