DBS eligibility guidance
A collection of documents that you can use to decide whether a role is eligible for a Basic, Standard or Enhanced DBS check.
Introduction
To determine if a role is eligible for an Enhanced or Standard DBS check, organisations must complete an assessment. The recruiting organisation is responsible for deciding if a DBS check is needed and at what level, in accordance with the legislation (with assistance from an umbrella body if relevant). It is their duty to ensure the appropriate level of check is applied for.
Standard and Enhanced DBS checks can only be applied for if the specific role, or the activities within a role, are included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 (for standard DBS certificates),and are also covered by the Police Act 1997 or Police Act 1997 (Criminal Records) regulations (for Enhanced DBS certificates). These laws provide eligibility for DBS checks but do not make them mandatory.
This guidance applies to criminal record checks (DBS checks) in England, Wales, the Channel Islands, and the Isle of Man. Information on checks available in Scotland can be obtained from Disclosure Scotland. Information on checks available in Northern Ireland can be obtained from Access NI.
This guidance is not legal advice. If you need support to ensure compliance with the law, please seek professional advice.
Eligibility guide (before September 2026)
There is no eligibility requirement for a basic DBS check. However if you are considering asking a person to apply for a standard or enhanced DBS check, as an employer, you are legally responsible for making sure the job role is eligible.
This should be done before you countersign each DBS application form.
To determine which level of check a role is eligible for, please refer to the following guidance.
Assessing Eligibilty (after September 2026)
If your organisation is making recruitment decisions in England or Wales, you may be able to obtain a Basic, Standard, or Enhanced DBS check.
To determine if a role is eligible for a Standard or Enhanced DBS check, organisations need to consider several factors. These include who the role interacts with, where the work takes place, what activities are performed, and how frequently these activities occur. Having a comprehensive job description will be very helpful in this assessment.
The below eligibility guides will help you determine the appropriate level of DBS check to apply for.
Review the relevant guidance below to see if the role involves any activities that qualify for a Standard, Enhanced, or Enhanced with Barred List DBS check.
If the role does not work directly with children or adults, consider whether it could still be eligible for an Enhanced check in the other workforce. Please note that far fewer roles are eligible for this type of DBS check.
If the eligibility criteria is not met for a Standard or Enhanced DBS check, Basic DBS checks are available to anyone, with no specific eligibility criteria.
We recommend starting with the eligibility guides – however we also have sector specific guidance leaflets and an eligibility tool which organisations may also find useful.
Applicants
An organisation is breaking the law if they submit an application for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check if the role you have applied for is not eligible for that level of check.
If you have been asked to apply for one of these checks, but believe the check is the wrong level, or should not be applied for at all, you should:
- check the DBS’ eligibility guidance to see what level of check is appropriate
- discuss the issue with your employer – you can seek your own legal advice, or contact Unlock or Nacro for guidance on how to approach your employer
If you continue to have concerns that the wrong level of DBS check has been applied for:
- Before submission: Contact the DBS customer services team so they can investigate once the application is received.
- After submission: Let DBS know as soon as possible. If the application is still in progress, it may be possible to pause it while we investigate.
In some cases, DBS may not be able to confirm eligibility. You may need to speak with your employer or seek legal advice. Charities such as Unlock and Nacro can also offer guidance on how to handle incorrect DBS check requests.
You can ask to withdraw your application at any time before the certificate is issued (note: fees are non-refundable). DBS recommends discussing this with your employer first. More details on asking for a withdrawal are available in our DBS check guidance below.
If you need any further support please contact us.