Changes to DBS Filtering Rules from 28 November 2020

The purpose of the filtering rules is to exclude from DBS certificates certain information relating to minor criminal offences that meet particular criteria. Information that is excluded is known as a 'protected caution' or a 'protected conviction'. A caution or conviction that is 'protected' does not have to be disclosed by a job applicant and employers are not permitted to require their disclosure. Under the previous filtering rules a caution or conviction could not be 'protected' where an individual had committed more than one offence (the 'multiple conviction rule'). The 'multiple conviction rule' was removed on 28 November. The other key change is that youth cautions are now always 'protected'.

We reported on the changes in more detail in our October article, which can be found here.

Updated guidance on the filtering rules has also been published on the Government website. The filtering rules now apply as follows:

'Specified offences' are usually of a serious violent or sexual nature, or are relevant for safeguarding children and vulnerable adults.

Employers who are entitled to ask about spent criminal records can still do so. However, employers must not ask applicants to disclose 'protected' criminal records information as it is unlawful to take into account a conviction or caution that has been filtered. If a 'protected' conviction or caution is inadvertently disclosed during the recruitment process it must be disregarded when making a recruitment decision.

Employers should refer to the filtering rules in their recruitment documentation so that staff involved in the recruitment process, as well as job applicants, are clear on what must be disclosed.

If you are uncertain as to how these changes may affect you as an employer please get in touch with Richard Hewitt in our Employment Law team on 07909 642718, or complete the form below.