Requirements
2.8.1 All ordained clergy holding the bishop’s licence, are eligible for and must be subject to an enhanced DBS with Barred Lists check.
2.8.2 For all ordained clergy holding the bishop’s licence, an enhanced DBS with Barred Lists re-check must be carried out every 3 years.
2.8.4 The DBS Update service must not be used for home-based positions if there is anyone aged 16 years and over living or working at the applicant’s home address.
2.8.5 Registered Bodies and/or those in receipt of DBS Update Service information must fulfil the DBS Code of Practice requirement to have a written policy on the recruitment of ex-offenders in place and make that available to individuals at the point of requesting the DBS check.
2.8.6 Registered Bodies and/or those in receipt of DBS Update Service information must fulfil the DBS Code of Practice requirement to have a written policy on the secure handling of information provided by DBS, be that electronically or otherwise, and make that available to individuals at the point of requesting the DBS check.
2.8.7 Where a candidate has lived, worked or volunteered outside of the United Kingdom, in the same country, for a continuous period of six months or more at any point within the previous 10 years, the responsible person must make every effort to obtain an overseas criminal records check. This may be via a third party provider or by the applicant requesting a Certificate of Good Character from the relevant embassy(ies). If the appropriate documentation cannot be obtained, the applicant must provide evidence of their attempt to obtain a certificate, or if it is not safe to try and obtain such a check, additional references must be sought wherever possible.
Guidance
2.8.1 - 2.8.2 DBS checks
Obtaining a DBS certificate must NOT be seen as a substitute for carrying out other safer recruitment checks and processes, or as the end point of the process. The use of DBS checks forms just one part of a comprehensive safer recruitment and ongoing oversight process.
It is a criminal offence to appoint someone who is known to be barred from working with children and/or vulnerable adults in ‘Regulated Activity’. It is also an offence for a barred person to seek work in Regulated Activity with the group from which they have been barred from working. Church bodies therefore have a responsibility to request criminal record checks on everybody that it is appointing to engage in Regulated Activity.
External resources:
DBS website:
Further guidance on DBS Eligibility can be found on the DBS website here: https://www.gov.uk/government/collections/dbs-eligibility-guidance
Use of Third-Party DBS providers
If a church body chooses to use a third-party DBS provider, they must assure themselves that the supplier meets all legislative requirements and appropriate standards of a Registered Body (Enhanced DBS Checks) and/or a Responsible Organisation (Basic DBS Checks). An organisation can be both a Registered Body and a Responsible Organisation.
GOV.UK provides an up-to-date list of Registered Bodies and Responsible Organisations who are registered to submit applications for DBS checks, via an online service, on behalf of other organisations.
Church bodies should not use non-registered organisations offering the same DBS checking service – such organisations are not permitted to apply for DBS checks on behalf of others.
2.8.4 Update Service
If a member of clergy is subscribed to the DBS Update Service, his/her most recent DBS Certificate can be viewed to check it is for the correct workforce (for clergy this will always be Child & Adult) and that the level of check meets the requirements of the new role (for clergy this will always be Enhanced with both Barred Lists check). If the certificate is all in order, then the DBS Update Service can be accessed for confirmation as to whether anything has changed since the certificate viewed was issued.
If a member of clergy is not registered with the DBS Update Service or is registered but the DBS Certificate shown is not for the correct workforce or it is for a lower level of check than is required, a new DBS application must be submitted.
As part of the DBS application process, individuals may be encouraged to subscribe to the DBS Update service in order that this can be accessed for any future DBS rechecks, rather than a full application having to be repeated again (but please see below in relation to home-based roles).
Home based roles
If a role is a home based role or has a home based element (i.e. a person will be working with children, young people or vulnerable adults in the place where he/she lives), there must be no one over 16 years of age living or working at the person’s home address if the Update Service is to be used. This is because the Update Service will only check for new information which relates to the Update Service subscriber (the individual for whom the original application was made), not the home address where the work is being undertaken or any other individuals employed or living at that address.
Further guidance on home-based positions can be found here:
2.8.7 Overseas Criminal Records Checks
The DBS cannot access criminal records held overseas, therefore a DBS check may not provide a complete picture of an individual’s criminal record, whether they are a British Citizen or not.
A Certificate of Good Character - also sometimes referred to as ‘Certificate or Letter of Good Conduct’ - can be requested by an applicant, usually from the home embassy of the country(ies) that they have lived, volunteered or worked in for 6 months or more. The application process for the certificate varies from country to country and up-to-date guidance can be found on the government website:
Where the information cannot be obtained or is not available, the applicant should be asked to provide evidence of their attempt to obtain a certificate and the responsible person should take extra care when taking up references or checking any previous employment record and, in such cases, it would be advisable to seek additional references, as well as speak to referees on the telephone.
There are companies who carry out overseas checks for many different countries, which may offer a more robust solution to the ‘Letter of Good Conduct’.