Sample DBS Policy Statement on the Recruitment of Ex-offenders:

The Code of Practice published under section 122 of the Police Act 1997 advises that it is a requirement that all registered bodies must treat DBS applicants who have a criminal record fairly and not discriminate automatically because of a conviction or other information revealed.

The Code also obliges registered bodies to have a written policy on the recruitment of ex-offenders; a copy of which can be given to DBS applicants at the outset of the recruitment process.

To help you meet this requirement the DBS has produced the following sample policy statement at annexe A which can be used or adapted for this purpose.

This policy statement can also be included within your company’s Equal Opportunities policy.

On the 29 May 2013, legislation came into force that allows certain old and minor cautions and convictions to no longer be subject to disclosure.

  • In addition, employers will no longer be able to take an individual’s old and minor cautions and convictions into account when making decisions.
  • All cautions and convictions for specified serious violent and sexual offences, and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults, will remain subject to disclosure. In addition, all convictions resulting in a custodial sentence, whether or not suspended, will remain subject to disclosure, as will all convictions where an individual has more than one conviction recorded.
  • You can also direct applicants to the guidance and criteria on our website which explains the filtering of old and minor cautions and convictions which are now ‘protected’ so not subject to disclosure to employers. 1 See Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013; and Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013

Sample policy

  • [Organisation name] will only ask an individual to provide details of convictions and cautions they are legally entitled to know about.
  • [Organisation name] has undertaken a thorough risk assessment before deciding it is both proportionate and relevant to the position concerned to apply for a Basic, Standard or Enhanced DBS check, also ensuring the role is legally eligible for one of these types of check.
  • For those positions where a DBS check is identified as necessary, [organisation name] will ensure that all application forms and other relevant recruitment documentation will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
  • [Organisation name] will undertake to treat all applicants for positions fairly and do not discriminate unfairly against any subject of a criminal record check on the basis of a conviction, caution or other information revealed.
  • [Organisation name] will ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be revealed on a DBS check where it is not explicit in the policy that such information would be a barrier to employment.
  • That the organisation abides by the DBS Code of Practice and/or the Basic check: Processing standards (delete as appropriate for the check type(s) being request).
  • [Organisation name] actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records.
  • [Organisation name] will ensure that all candidates are selected for interview based on their skills, qualifications and experience.

Other applicable polices that may be helpful to note in your policy documents relating to the rehabilitation of offenders policy.

Please note – The DBS logo is protected by Crown Copyright, the copying and use of the DBS logo is not permitted without prior approval of DBS.

Further information regarding conviction information

On the 29 May 2013, legislation came into force that allows certain old and minor cautions and convictions to no longer be subject to disclosure. In addition, employers will no longer be able to take an individual’s old and minor cautions and convictions into account when making decisions. All cautions and convictions for specified serious violent and sexual offences, and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults, will remain subject to disclosure. In addition, all convictions resulting in a custodial sentence, whether or not suspended, will remain subject to disclosure, as will all convictions where an individual has more than one conviction recorded.

Other sample policies and procedures available:

Once logged in to the Client Area there are also sample policy statements and procedure guidelines relating to:

  • Policy and procedure for dealing with offences committed whilst employed
  • Job Advertisements
  • Application Forms
  • Contracts of Employment
  • Policy on use, storage and dissemination of information revealed in a Disclosure
  • Employment subject to…
Please note that these samples/procedures may not be compatible with some policies or documents that clients already have. Consequently we suggest that you have any changes to existing documents incorporating these wordings checked by a qualified lawyer specialising in employment law.

Other third party sample policy documents:

Access Northern Ireland sample policy document on the recruitment of ex-offenders 

Access Northern Ireland sample policy document on the Secure Handling, Use, Storage and Retention of Disclosure information

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