Thank you for contacting me about the Disclosure and Barring Service (DBS).
As you will be aware, employers can check the criminal record of someone applying for a role. This is known as getting a DBS check. Employers can, for certain roles such as in healthcare or childcare, also request a more detailed check.
Basic, standard, enhanced, and an enhanced check with barred lists can be requested. Each of these checks provide different levels of information. Further details on what is included in each check can be found at the following address: https://www.gov.uk/dbs-check-applicant-criminal-record
The DBS operates to service standards of completing 80 per cent of Basic check applications within 2 days, 80 per cent of Standard check applications within 5 days, and 80 per cent of Enhanced check applications within 14 days. DBS achieved these targets for 2021-22 and continues to do so for the current financial year.
DBS and the National Police Chiefs’ Council have service level agreements in place with the 52 police forces that DBS work with to provide criminal record checks. This ensures service delivery against quality, output, cost, and timeliness measures. Individual forces are assessed monthly against these quantitative measures, with qualitative standards assessed through a Quality Assurance Framework that provides a consistent approach to the quality of work done across all forces. Performance against targets is monitored closely by the Home Office.
I am aware of reports that transgender criminals are attempting to use a supposed loophole in the criminal record checking process to hide previous convictions and avoid scrutiny when applying to work with children. Reports of any individual, or group of individuals, attempting to exploit our criminal record checking process is extremely concerning. It is vital that we have a robust system in place which ensures vulnerable people are protected from criminals who would seek to cause them harm.
Having investigated this matter further, I have been informed that all applicants for DBS checks are required to sign a legal declaration confirming they have disclosed both their current and previous identities. This would, therefore, apply to transgender applicants. DBS does offer a Sensitive Applications route which allows transgender applicants to provide their full information (including previous identities and their birth sex) to DBS while not disclosing this information to a prospective employer. DBS has confirmed that the Sensitive Applications process introduces no additional risk to DBS checks; it merely affords transgender applicants with the legal protections they are entitled to.
Thank you again for taking the time to contact me.