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Thread: DBS confusion

  1. #1
    Jo Smith is offline Member
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    Default DBS confusion

    Hi all,
    I'm currently going through a bit of a nightmare, I've recently started a new job which requires DBS check (as although rare I can come into contact with under 18s in work place settings and I do need to be-able to drive own car/insurance) the forms were filled out and sent back to head office (nothing to declare at that point) I'm hoping that the form reached the DBS and searches were done prior to my arrest on suspicion of DD, I believe it's the enhanced check I'm undergoing, which I understand shows allegations as well as acquittals.
    Since submitting the forms I was arrested at home on suspicion of dd which was consumed after driving, I am awaiting the decision as to whether I'm going to be prosecuted.
    If the searches haven't been done prior to my arrest, is the dd going to show up? From my research I'm confused as posts on here suggest dd will show regardless, on an enhanced check, however, looking at dbs criteria the conviction has to be relevant, proportionate to the role and I believe there is a third test and if it fails any of these tests, then it should not be disclosed?
    Anyone have an understanding whether dd allegations will show up on an enhanced dbs check?


  2. #2
    price1367 is offline TTC Group Associate Director
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    Default Re: DBS confusion

    You are right that some allegations might show up on a DBS check, but this is most unlikely to include an allegation of drink driving where the result of the sample is not yet even known, possibly due to back calculations, and you have not yet been charged.
    the wording on the form is:
    Question e55 on the application form asks: “Do you have any convictions, cautions, reprimands or final warnings, which would not be filtered in line with guidance?””

    (The guidance refers to a single conviction which would be weeded at the 11 year point)

    The correct answer to that is: “No”. However, you need to be sure that you will only be driving your own car and on your own insurance. If in the future they supply you with a company car and the conviction is not spent, you will have to tell the company or you would risk invalidating their insurance. Also, do they repeat the DBS check every 3 years? It is good practice to do this and many firms do, so if you are convicted soon, they will find out then and may well realise that you must have been under investigation when you took the job offer from them.

  3. #3
    Jo Smith is offline Member
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    Default Re: DBS confusion

    Quote Originally Posted by price1367 View Post
    You are right that some allegations might show up on a DBS check, but this is most unlikely to include an allegation of drink driving where the result of the sample is not yet even known, possibly due to back calculations, and you have not yet been charged.
    the wording on the form is:
    Question e55 on the application form asks: “Do you have any convictions, cautions, reprimands or final warnings, which would not be filtered in line with guidance?””

    (The guidance refers to a single conviction which would be weeded at the 11 year point)
    Yes you are correct in that I am awaiting back calculation (circumstance were I was involved in a very minor rtc I gave my particulars and the tp called police at alleged I was dd, I left prior to police attending went home and drank some, shortly prior to the police knocking on my door ie hipflask defence) to determine whether the results are inline with what I say I had consumed.

    I would take the guidance to mean those tests as to whether relevant and proportionate as well as spent/unspent - as some spent convictions are still disclosed.

    "
    1. Enhanced Certificate: This DBS Check will additionally show any other information held by a police force that is considered relevant to the role applied for including details of arrests where no charges were brought.

    Before including non-conviction information on a DBS Check, the police must ‘reasonably believe’ that the information is relevant and that it ought to be disclosed. The Police must satisfy themselves that it is reasonable to believe that the information to be disclosed is relevant to considerations of the risk that the applicant may pose when undertaking their role.
    The Police also need to give consideration to whether the information they are considering disclosing is truthful and it would be proportionate to disclose the same. In considering the potential Human Rights impact, the courts have directed that the Chief Officer begins with no pre-disposition to either disclose or to not disclose – they must begin favouring neither one party or another."

    Ah having reviewed my earlier research it appears it's only when considering non-conviction information, which I haven't been convicted as yet.

    Yes I'm paying for the continuous dbs update but as I need to be-able to drive, if convicted and therefore banned from driving, no doubt I will lose my job anyway.

    I take the point re driving on company insurance - I work within the insurance industry.

    I can't now fiund the flow chart that the police use as to whether to filter information out or not which implied wit would have to be relevant so it read as though even if convicted it wouldn't necessarily show up on a dbs check.
    Last edited by Forum Moderator; 01-11-2018 at 03:25 PM.

  4. #4
    price1367 is offline TTC Group Associate Director
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    Default Re: DBS confusion

    Convicted Driver Insurance Quotes
    The current guidelines are that a single conviction, that is not on the exempt list (GBH, drug smuggling etc) is weeded after 11 years. If you get a second conviction for a recordable offence then neither are ever spent for DBS checks.
    I have never seen where an arrest for drink driving, where there was no prosecution because of being under the limit when the actual test was done, or indeed where a back calculation was successful in showing innocence, where this was then subsequently revealed on a DBS check.
    The sort of thing that would show up under police discretion to disclose an arrest, where there was no prosecution, would be things like assault or sexual allegations - particularly where there has been more than one in a persons past.

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