WWW.NGALLOWAY.CO.UK/BLOGS UPDATE : Disclosure and Barring Service
Many landlords are asking us about the criminal records check and the fit and proper persons check as part of the Selective Licensing. We give some clarification.
What is a DBS Basic check?
The DBS basic check is a very basic criminal records check that excludes all convictions if they are considered ‘Spent’ under the Rehabilitation of Offenders Act 1974. This means that people who may have offended in the past won’t have a lifelong blot on their record.
Nottingham City Council insisted until very recently that they would not accept standard or enhanced checks because that would mean some landlords having to disclose details of spent convictions. In an attempt to be fair to all they had that policy but after feedback from landlords they have NOW agreed to accept both standard and enhanced checks if they are ‘Clear’ of all convictions.
Can I use the check that I had years ago?
We have landlords that already have checks done for the jobs that they do. There is no hard and fast rule on how long a check lasts because it is a record of one specific point in time. Generally organisations accept them up to 3 years, with hospitals, schools and prisons requiring them more frequently.
Nottingham City Council has confirmed that they will accept DBS check up to 3 years old. However you need to be aware of Selective Licensing Condition 30 (c) which stipulates that you must inform the council of any changes to your fit and proper person’s status. If you submit to the council a DBS check that does not represent your current status then you are not complying with the conditions.
What is a Disclosure Scotland?
Until January 2018 Basic checks were not available through the DBS so the only way to get one was through Disclosure Scotland. Therefore it is unlikely that Landlords will have a Basic DBS older than 6 months. Therefore if you have a Disclosure Scotland basic check then Nottingham City Council will accept that in its place.
How do I get a DBS check?
It is relatively straight forward and this is done online here https://www.gov.uk/request-copy-criminal-record
However you will need to verify who you are and to do that you will need a GOV.UK account. If you don’t already have that then you will need to create one first before applying for the DBS check. If you need any help with this call NGALLOWAY on 01156972829