Guidance

Basic check: Terms and conditions

Updated 1 October 2021

Terms and conditions

Organisations can register with the Disclosure and Barring Service (DBS) to become a Responsible Organisation (RO) and submit basic checks for applicants living or working in England and Wales using a web service.

If the applicant is living or working in Scotland then the application should be submitted through Disclosure Scotland.

Applicants living overseas can submit applications for any purpose to DBS or Disclosure Scotland.

An organisation can apply to become a RO and use the service if it:

• submits more than 1000 applications in any rolling 12-month period in the last 18 months (DBS may request evidence prior to registration of how a RO will meet this condition including employee volumes and/or agreements with other clients)
• is willing to develop, or already has, sufficient IT infrastructure to be able to send applications via the web service to DBS
• agrees to comply with the DBS Basic Check Processing Standards and the Basic Web Service Interchange Agreement
• submits basic applications through the web service
• verifies each applicant’s identity using DBS ID checking guidelines
• holds either: ISO27001:2013 certification, ISO27001 2013 compliance, Cyber Essentials Plus or Cyber Essentials
• agrees to the trading terms of the DBS payment on account facility
• agrees to a financial credit check of the company applying to become a RO
• handles all information provide to them by DBS, as a consequence of applying for a DBS basic check, in line with the obligations under the General Data Protection Regulation (GDPR)
• ensures that an accountable officer is in place at all times
• ensures that identity of the Accountable Officer is checked as set out in DBS guidance
• ensures the agreement and thereafter the application by the Accountable Officer for:

1. a DBS basic certificate, for consideration by DBS as to suitability, prior to submitting a RO registration application, and
2. a further basic certificate, following confirmation from DBS that the Update Service is available for basic certificates, and to apply for the Update Service to enable the information in the certificate to be kept updated and continuously checked to assess continuous suitability and trustworthiness to carry out the role

Suitability Assessment of the Accountable Officer

A suitability decision will be made on a case-by-case basis following the DBS Accountable Officer Risk Assessment. Suitability will be assessed in relation to the functions carried out by the Responsible Organisation. These functions include ensuring that any application that is made under section 112 Police Act, and submitted by the RO, is supported by such evidence required by DBS under section 118 Police Act 1997 to verify the identity of the applicant. Suitability will also be assessed for the role of the (RO) in processing personal sensitive information on behalf of individual applicants to the DBS and, with the consent of the applicant, to proposed employers.

Generally, DBS consider that it is likely that offences of dishonesty and extortion, serious sexual and violent offences and non-minor drug offences could in principle impact upon a person’s suitability, depending on the circumstances of the relevant offence and how long ago it occurred. However, each case will be considered on its own merits. In considering each case the following factors, will be taken into account:

• the nature of the offences and their relevance to the functions
• the seriousness of the offences
• the number of offences
• date of the offences
• the circumstances surrounding the offending
• the person’s attitude to the offending
• any change in circumstances since the offences occurred
• any other mitigating circumstances and/or other factors which are considered relevant to suitability

DBS, having satisfied itself the that RO can comply with the conditions for registration, will delegate the function under section 118 Police Act 1997 to the RO, in respect of ensuring any application submitted by the RO to the DBS is supported by such evidence to verify the identity of the applicant.

DBS retains the right to audit, or request evidence of an organisation’s adherence to the standards set out above and contained within the DBS Basic Check Processing Standards and the Basic Web Service Interchange Agreement.

Failure to comply with the obligations set out in the Terms & Conditions including the Basic Check Processing Standards and the Basic Web Service Interchange Agreement documents will result in DBS considering suspending or cancelling the RO registration to use the DBS Basic Disclosure Service.

Additionally failure to comply with the GDPR could result in enforcement action by the Information Commissioner’s Office (ICO).