DBS: Are you Legally Entitled to ask for a DBS check?

Before an organisation can ask a person to make an application for a DBS (CRB) check, they must ensure that they are legally entitled to ask that person to reveal their conviction history.  Most individuals in general practice are likely to be eligible by virtue of Section 13 of the Rehabilitation of Offenders Act 1974 (Exceptions) order 1975, which states:

‘Any employment which is concerned with the provision of health services and which is of such a kind as to enable the holder to have access to persons in receipt of such services in the course of their normal duties.’

The legal right to ask for a DBS (CRB) check does not confer a legal obligation to do so.  In General Practice, only those in a regulated activity i.e. those providing, or supervising the provision of, care must have an Enhanced DBS (CRB) with barred list check. For all other staff, the Practice must make a risk based judgement as to whether or not a Standard DBS (CRB) check is required.