Can DBS Checks be Requested for People Under the Age of 18?
Most organisations nowadays conduct DBS Checks on all their job applicants. This is done to safeguard the customers, other staff members and minimise risk for the organisation. But often organisations are unsure whether they’re able to request a DBS for a person who is under the age of 18. This article will explain whether it is possible to request DBS Checks for people under 18.
CRB Checks of the Past
In the past, when there used to be CRB Checks (Criminal Record Bureau Checks), these were what existed prior to the Data and Barring System Checks (DBS); these could be carried out on children who were 13 years old. Between 2002 to 2008, 750,000 people under the age of 18 years old had CRB Checks carried out, and 43,000 of these were on children who were between the ages of 13-15 years old.
In England and Wales, when a child reaches the age of 10 years old, they can be held criminally responsible, arrested, and charged for crimes they commit. So, logically, if a child has committed a crime, it is understandable why people would do a criminal history check if the child would be interacting with other children or vulnerable adults.
A 2012 Change of Law
Many people in society felt it was unfair to treat children of 13-15 years old as criminals, with juvenile law having the intention of preventing later criminal behaviour. Some juvenile court records are not made public, to avoid stigma.
As a result, in 2012 the law was amended so that no-one under the age of 16 years old could have a CRB Check. Nowadays, the same applies to what is now DBS Checks. If a person is 16, they may have a DBS Check, but not if they are 15 years old or younger.
16 years old was thought to be a more suitable age, because children can leave school at that age (even though they must do FT education, an apprenticeship, traineeship, or work/volunteer for 20 hour or more with part-time education or training) until they’re 18. The age of 16 suggested a level of maturity had been reached.
When would a DBS Check be Required for Someone 16-17 Years Old?
If a 16–17-year-old had applied for a job with your organisation, and they would be doing regulated work which meant they would be working unsupervised with children or vulnerable adults, then you will need to apply on their behalf, for an Enhanced DBS Check with Barred List. This will check for spent and unspent convictions, cautions, warnings, reprimands; it will check to see if the person appears on either or both Barred Lists if relevant, which means that their past behaviour has banned them from working with these vulnerable groups, and finally it will check to see if the local police hold any information on them relevant to the job role. It doesn’t matter if the job is part-time or full-time, or whether they are under or over 18 years of age, this check is necessary.
So, to summarize, DBS Checks can be requested for people who are aged 16 years old or more. They can’t be requested for people under the age of 16.
