DBS Check Consent Form (UK)

A DBS Check Consent Form in the United Kingdom gives written permission for a specific act and records the scope and limits of the consent provided, as regulated by the Protection of Freedoms Act 2012.

The Disclosure and Barring Service (DBS) is an executive agency of the Home Office established under the Protection of Freedoms Act 2012 to consolidate the criminal records disclosure functions previously performed by the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). The DBS issues disclosure certificates under Part V of the Police Act 1997 at four levels: Basic, Standard, Enhanced, and Enhanced with Barred List check.

DBS checks are not available for every role. The level of check that can be requested for any given position is determined by whether the role falls within the scope of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended), and whether it constitutes 'regulated activity' with children or vulnerable adults under the Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedoms Act 2012). Requesting a DBS check at a level not appropriate for the role is a criminal offence under section 123 of the Police Act 1997.

Our UK DBS Check Consent Form template is drafted in compliance with the DBS Code of Practice (issued under section 122 of the Police Act 1997), the UK GDPR, the Data Protection Act 2018, and the Rehabilitation of Offenders Act 1974. It includes a full privacy notice, an explanation of the applicant's rights, and a clear consent declaration.

The legal framework governing the DBS Check Consent Form (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Parties executing a DBS Check Consent Form (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Rights Act 1996 sets the foundational requirements.

A DBS Check Consent Form is required in England and Wales whenever an organisation wishes to apply for a DBS certificate in respect of a prospective or existing employee, volunteer, contractor, or trustee. The consent and privacy notice requirements arise under the UK GDPR and the DBS Code of Practice, both of which require that the applicant be informed about and consent to the processing of their criminal records data before the DBS application is submitted.

DBS checks are most commonly required in sectors involving contact with children or vulnerable adults, including: schools, nurseries, and childcare settings (where an Enhanced DBS check with Barred List is typically required for all staff in regulated activity); adult social care providers, care homes, and domiciliary care agencies; NHS trusts and private healthcare providers; voluntary organisations and charities working with children or vulnerable groups; religious organisations running activities for children or young people; sports clubs and leisure facilities with junior or vulnerable adult members; and licensed premises requiring a personal licence under the Licensing Act 2003.

A Basic DBS check is appropriate for any role where the employer wishes to verify that the applicant does not have relevant unspent convictions, and is available even where the role is not exempt from the Rehabilitation of Offenders Act 1974.

Organisations must not request a DBS check at a higher level than is permitted for the role, as this constitutes a criminal offence. The DBS eligibility guidance (available at gov.uk/government/publications/dbs-check-eligible-positions-guidance) should be consulted before deciding the appropriate level of check. Umbrella bodies can also assist in determining eligibility.

Parties in United Kingdom should prepare a DBS Check Consent Form (UK) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A compliant DBS Check Consent Form for use in England and Wales must include the following essential elements to satisfy the requirements of the DBS Code of Practice, the UK GDPR, and the Data Protection Act 2018.

The identification of the organisation and applicant establishes who is requesting and who is consenting to the DBS check. The organisation should be identified by its full registered name and address, and the applicant by their full legal name, date of birth, current address, and contact details. Date of birth is a mandatory field on the DBS application form.

The role description clearly identifies the position for which the DBS check is being requested, including a brief description of the duties, particularly any contact with children or vulnerable adults. This information is essential to justify the level of check requested and to demonstrate compliance with eligibility requirements.

The type of DBS check specifies whether a Basic, Standard, Enhanced, or Enhanced with Barred List check is being requested. The workforce category (children's, adults', or both) must be stated for Standard and Enhanced checks, as this determines which barred list(s) are searched.

The Rehabilitation of Offenders Act 1974 disclosure explains to the applicant whether the role is exempt from the ROA, and therefore whether they are required to disclose spent convictions or cautions. It should also explain the DBS filtering rules so that applicants understand which matters will not appear on the certificate.

The UK GDPR privacy notice is mandatory under Articles 13 and 14 of the UK GDPR and must specify: the identity of the data controller; the lawful basis for processing under Article 6; the Schedule 1 DPA 2018 condition for processing criminal records data; how the information will be used; the retention period; and the applicant's data subject rights including the right to complain to the ICO.

The consent declaration is a clear, unambiguous statement by the applicant consenting to the DBS check and to the processing of their personal data as described in the privacy notice. The declaration should also confirm that the information provided is accurate.

Additional compliance elements for a DBS Check Consent Form (UK) used in United Kingdom include: Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.