Guidance

Digital identity certification for right to work, right to rent and criminal record checks

Updated 6 June 2024

1. Introduction

On 27 December 2021, the government announced its intention to enable employers and landlords to use certified digital identity service providers (IDSPs) to carry out identity checks on their behalf for many who are not in scope to use the Home Office online services, including British and Irish citizens. Alongside this the Disclosure and Barring Service’s (DBS) proposal will enable digital identity checking within their criminal record checking process using certified digital identity service IDSPs.

This guidance sets how IDSPs can become certified to complete digital identity checks for the Right to Work, Right to Rent, and DBS schemes respectively, in line with the Department for Digital, Culture, Media and Sport’s (DCMS) UK Digital Identity and Attributes Trust Framework (the trust framework).

The trust framework is a set of rules organisations agree to follow to conduct secure, trustworthy identity or attribute checks. The initial alpha version of the trust framework was published in February 2021, with an updated version of the trust framework published in August 2021 following feedback from the public, industry, and civil society. A consultation on underpinning the trust framework in legislation ran from July to September 2021.

The Right to Work, Right to Rent, and DBS initiatives form part of DCMS’s trust framework’s testing process, and learnings will help to further refine its development.

2. What this means for employers and landlords

Employers and landlords will be able to work with IDSPs to utilise Identification Document Validation Technology (IDVT) to carry out digital identity checks on behalf of British and Irish citizens who hold a valid passport (including Irish passport cards). The relevant changes to legislation will take effect from 6 April 2022.

Enabling the use of IDVT for Right to Work, Right to Rent and DBS checks will help to support long-term post pandemic working practices, accelerate the recruitment and onboarding process, improve employee mobility and enhance the security and integrity of the checks.

This supports the continued development of the DCMS trust framework and enables employers and landlords to make use of IDVT where they already have an established commercial relationship with an IDSP.

Whilst it will not be mandatory for employers and landlords to use a certified IDSP for the purposes of right to work and right to rent checks, the Home Office recommends employers and landlords use a certified IDSP. This will provide assurance that their chosen IDSP meets relevant scheme guidance and the standards set out in the trust framework. This means an employer or landlord can reduce risk by recruiting and renting in a safer way as they are able to assure prospective employee and tenants’ identities and eligibility using consistent and more secure methods. Employers and landlords will retain obligations that they must comply with under the Schemes, including to satisfy themselves that the IDSP has carried out an identity check on the employee/tenant, and to retain copies of the check.

For DBS checks, employers must use a certified IDSP.

3. What IDSPs become certified against

To become certified against the schemes, IDSPs must meet the criteria in the current version of the trust framework. Depending on the scheme(s) they want to join, they must also meet the requirements for the Right to Work and Right to Rent schemes and/or DBS scheme.

The beta version of the trust framework was published on 13 June 2022. New IDSPs looking to be certified will need to become certified against the beta version of the trust framework to participate in the Schemes which require certified IDSPs. IDSPs who are certified against the alpha trust framework will be expected to move to the beta version at the time of their next planned annual surveillance audit.

A consultation on proposed digital identity legislative measures ran from July to September 2021. These include a plan to legislate for formalised governance arrangements for the trust framework and under these arrangements the trust framework will move to the live phase. The process for certification may change under these arrangements, with IDSPs needing to meet any new requirements

4. How IDSPs become certified

A step-by-step process for how providers become certified against the trust framework and Right to Work, Right to Rent, and DBS Schemes is as follows:

1. IDSPs who wish to become certified must firstly decide whether they want to be certified against a) the Right to Work and Right to Rent Schemes only, b) the DBS Scheme only, or c) both.

2. IDSPs must engage with one of the selected certification bodies (see below) and agree a contractual relationship for completing the assessment process.

3. IDSPs are assessed by a combination of desk reviews and on-site audits depending on the scope to be assessed. Although having taken part in the alpha testing of trust framework is not a requirement, those who did participate will be able to use their alpha self-assessments as supporting evidence as part of this process.

4. After the audits have taken place, certification bodies will advise DCMS and the IDSP undergoing certification of their recommendation in regard to certification.

5. DCMS will review the outcome of the assessment process and, if all requirements have been met, the name, contact details, and certification status of the IDSP will be published on this page. Employers, landlords and other relevant IDSPs interested in procuring digital identity services will be able to see which IDSPs have been approved.

6. Certification is a time-limited process and IDSPs will need to undertake an annual surveillance audit and biennial recertification to remain on the list of certified IDSPs for these Schemes.

5. Certification bodies

A list of certification bodies can be found on the UKAS website. Organisations interested in becoming certified should engage directly with the selected certification bodies. Certification bodies listed as undergoing accreditation by UKAS are able to certify organisations for the purposes of Right to Work, Right to Rent and DBS. These certification bodies have undergone an initial assessment by UKAS and DCMS and have been selected to carry out certification of organisations whilst undergoing UKAS accreditation.

6. List of certified IDSPs

Services that are certified to conduct right to work, right to rent and criminal record checks can be found on the following web page: List of certified digital identity and attribute services.

7. Frequently asked questions

How long does certification take?

The length of the assessment process will be agreed between the IDSP wanting to become certified and their selected certification body. We estimate that it will take 4-8 weeks to complete this process.

How much does it cost to become certified?

The costs of the assessment are agreed between the IDSP and their selected certification body. Once certification is achieved, there is no cost to being placed on the list of the government’s certified IDSPs. (Please note this may change in the future.)

How long does certification last?

Certification lasts for up to two years, after which must become recertified against the most current version of the trust framework and relevant Scheme guidance to remain on the list of certified IDSPs. Surveillance audits must be undertaken annually, as part of maintaining certification, and will also facilitate a move to the most current version of the trust framework and scheme guidance available.

Can the identity checks be reused?

Whether and where identity checks can be reused in other contexts is dependent on the requirements of the use case and organisations involved. The reuse of checks may be possible where this is compliant with relevant legislation and rules within the trust framework.

8. Contact details

For questions from IDSPs interested in becoming certified, please contact digitalidentity@dcms.gov.uk.

For questions from employers and landlords regarding Right to Work and Right to Rent checks, please contact RighttoRentandRighttoWork@homeoffice.gov.uk.

For questions from organisations requiring DBS checks, please contact customerservices@dbs.gov.uk.