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10 October, 2024

3-Month DBS Check Rule Explained: How It Impacts Employment

10 October, 2024

When it comes to ensuring safety in the workplace, or contact with children, especially in jobs involving vulnerable people, DBS (Disclosure and Barring Service) checks are essential. One important best practice is the "3-Month Rule." Let’s explore what this rule is, why it matters, and how it can impact your business or career!

What Is the 3-Month DBS Rule?

The rule is a guideline many employers use, suggesting that a DBS check older than three months may no longer provide the most up-to-date information. Although a DBS certificate doesn’t expire, this rule helps keep employee background checks current. Since both Standard and Enhanced DBS Checks only reflect criminal history up to the date they were issued, circumstances could change. A fresh check might be required to ensure continued safety—especially in positions that require a more detailed assessment, such as those covered by Keeping Children Safe in Education guidelines.

Why Do Companies Adopt the 3-Month, 90-Day Check Policy?

  1. Enhanced Safety: This rule helps employers monitor any changes in an employee's criminal record, particularly if they work with vulnerable groups such as children or elderly individuals. For example, an Enhanced DBS check, which also includes a check against the Barred List, provides extra assurance by showing whether an individual is legally prohibited from working with children or vulnerable adults.

  2. Compliance with Standards: Certain sectors, including healthcare and education, require up-to-date background checks. Following the 3-Month Policy helps organisations comply with safeguarding standards, like those outlined in the Keeping Children Safe in Education framework, ensuring they meet the latest industry requirements.

  3. Reducing Risks: By adhering to this policy, companies reduce the risk of employing someone whose criminal record may have changed. This practice helps protect the organisation, employees, and the people they serve.

How the DBS Update Service Can Help

The DBS Update Service provides a practical alternative to continually applying for new DBS checks. It allows employers to check the status of an employee’s DBS certificate online and in real-time, keeping the process efficient and up-to-date without needing a new check every three months. This flexible, cost-effective solution can help both employees and employers remain compliant.

What Does This Mean for Recruitment?

If you apply for a new job, it’s crucial to ensure your DBS check is recent. Employers may request a new check as part of their recruitment process if your existing one is older than three months, particularly for schools and academies and roles that involve safeguarding responsibilities. This is especially relevant for positions that require an Enhanced DBS check, as employers will also want to verify that you are not listed on the Barred List.

What Are the Risks of Not Following the Rule?

While the rule isn’t a legal requirement for businesses or a regulated activity by Ofsted, ignoring it could expose your operation to significant risks. Hiring someone with an outdated DBS check could mean missing important updates to their criminal record, potentially leading to legal or reputational damage. This is particularly concerning in industries where protecting vulnerable individuals is a top priority.

Key Benefits of the Rule

  • Safety: Ensures employees working with vulnerable groups have the most recent background checks, including information on whether they are barred from such roles.
  • Compliance: Helps organisations meet industry regulations like those set out by Keeping Children Safe in Education, avoiding potential penalties.
  • Risk Management: Reduces the chances of hiring someone with an outdated DBS check and protects both the business and those under its care.

Conclusion

The 3-Month Rule is a widely accepted best practice that helps employers maintain high standards of safeguarding and compliance. It ensures that dbs check process, particularly Enhanced Checks, remain current and up to date. The DBS Update Service also offers an easy way to check employee status without the need for constant reapplications.

By following this guideline, employers can better protect their organisation, staff, and the vulnerable individuals they work with, making safety and compliance top priorities.


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