Can someone fail a DBS check? What care sector employers need to know

 

 

In the care industry, potential employees need to be carefully screened to make sure they’re allowed to work around protected groups like children or vulnerable adults. DBS checks help do this.

And, whilst you can’t technically “fail” a DBS check (it’s simply a record of your criminal history – not a pass/fail test) – plenty of employers find themselves stuck when something shows up unexpectedly. On an otherwise perfect applicant, a criminal record can be a major source of stress. What do you do? Are you legally allowed to hire them? Will this decision come back to bite you?

We’ve invited the experts over at uCheck to set the record straight. As leading providers of DBS and background screening checks for businesses all across the UK, they’re here to help you make the best hiring decisions possible.

What does a “failed” DBS check actually mean?

Remember, DBS checks don’t come with a simple fail/pass stamp of approval. Someone either has convictions, cautions, or barred status, or they don’t. The check simply gives you information so you can decide for yourself if the candidate is suitable for the role.

When working around vulnerable groups, care sector candidates are eligible for an Enhanced DBS check with Barred List check, which includes:

• Spent and unspent convictions
• Cautions
• Reprimands
• Warnings
• Any relevant information held by local police
• Checks against the adult or child barred lists

If something like a previous conviction is flagged it, it doesn’t automatically disqualify a candidate. You’ll need to weigh up whether that information is relevant to the role, risks involved, and your internal policies.

Think of a DBS check as an extra tool to help you make safer, more informed hiring decisions. And if you’re not sure how to interpret the results, you’re not expected to do it alone. There’s expert support to guide you through.

What might show up on a DBS or background check?

It helps to know what can appear on a DBS check depending on the level you choose. Here’s what you might see on a DBS, Right to Work, Identity, or Credit check:

• Criminal convictions– including spent or unspent convictions depending on the check level
• Cautions, warnings, and reprimands– also known as “police disposals”
• Barred list entries– for Enhanced checks where someone is legally banned from working with children or vulnerable adults
• Relevant police information– local forces can share non-conviction information if it’s deemed relevant to the role
• Right to work issues– such as expired visas or incorrect documentation
• Credit or financial concerns– for roles in finance or leadership, things like CCJs or bankruptcy may also come into play
• Gaps or inconsistencies– mismatches between ID checks, address history, or employment history

Context matters when it comes to interpreting results. There are certain offences which will automatically put someone on a Barred List, like violent, serious safeguarding, or sexual offences. An old caution for something minor will carry very different weight to a recent conviction for fraud in a finance role.

What’s important is having the right processes in place to review the results fairly and confidently.

What should you do if something is flagged?

Firstly, don’t panic. A flagged DBS or background check doesn’t mean you need to pull the plug on a new hire. But it does mean you should pause and assess.

You can handle it by following these steps:

1. Take a proper look at the result
   Make sure you fully understand what’s been flagged. Is it a conviction? If so, how recent is it? Is it relevant to the role? Take your time to read it thoroughly.
2. Consider the context
   Think about the nature of the offence, how long ago it happened, and how it relates to the job. For example, someone with a driving conviction might not be the best fit for an ambulance or emergency response driver.
3. Speak with the candidate
   Be open and honest. Give them the chance to explain or add context. Many candidates are upfront and appreciate the chance to tell their side.
4. Follow a fair and consistent process
   Treat every case with care and consistency. Stick to your policies. Document your decision-making. And if you’re withdrawing an offer, make sure it was clearly marked as conditional.
5. Stay on the right side of the law
   Even though The Rehabilitation of Offenders Act 1974 sets out how long convictions are considered “spent” and what you can legally take into account, roles in the care sector are exempt from this Act. If in doubt, get advice.

Remember: you’re not trying to “catch someone out”. You’re protecting your business, your team, and the people you support, while being fair and respectful to every candidate.

Can you reject a candidate based on their check? 

If you handle a rejection fairly, consistently, and in line with the law, then yes – you can reject a candidate based on their check.

If a background or DBS check shows something that poses a genuine risk to your business or service users, you’re within your rights to reconsider the offer. You need to be even more careful in the care industry.

If the candidate appears on a Barred Lists check, then it is a legal offence to employ them for roles in the care industry. Or, if a conviction relates to potential safeguarding issues, an employer could reject an applicant on these grounds.

If you do want to reject a candidate, you need to:

• Make sure the offer was conditional: Most employers include a clause that says any job offer is subject to satisfactory background checks. If you’ve done this, you’ve got more flexibility to withdraw the offer if something comes up.
• Be clear on relevance: You can’t reject someone just becausethey have a conviction. You need to show that it’s relevant to the role and that you’ve followed a fair process in reaching your decision. 
• Be consistent across candidates: Apply the same approach to every candidate. If you make exceptions for some people and not others, it could raise questions around fairness or discrimination.
• Avoid discrimination: Under the Rehabilitation of Offenders Act, individuals with spent convictions are protected in most roles, unless the job is exempt. And under the Equality Act, treating someone unfairly based on a criminal record (or perceived one) could amount to discrimination.
• Give the candidate a chance to respond: Before making a final decision, it’s good practice to share the result with the candidate, explain your concerns, and let them respond. This shows fairness and could help avoid complaints later on.

You need to strike the right balance of protecting your business while giving people a fair shot.

How to reduce the risk of surprises

Here are ways to stay one step ahead and make your background checks smoother and more predictable.

Ask the right questions up front 

For roles that are exempt from the Rehabilitation of Offenders Act (like in healthcare or education), you’re allowed to ask about spent convictions. Just make sure your questions are legally compliant and asked at the right stage of the process.

Make job offers conditional 

Stating that your offer depends on satisfactory checks gives you the flexibility to change course if something serious comes to light.

Document your decision-making 

If you ever need to explain why a candidate wasn’t hired, having a clear, consistent process protects you. Keep a simple record of what was flagged, why it was relevant, and how the decision was made.

Get expert help when you need it 

When it comes to interpreting DBS results or handling sensitive disclosures, it helps to have someone in your corner. The DBS offers valuable advice, and our partners over at uCheck are also on hand to provide advice and guidance where you need.

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