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This area covers checking a person’s criminal history for employment, volunteering, licensing, or safeguarding purposes in England. A solicitor helps create and submit Disclosure and Barring Service (DBS) checks, interpret the certificate, and advise on what can be disclosed, including spent convictions, filtering, or safeguarding concerns. They also handle disputes or corrections with DBS, assist employers with fair recruitment and risk assessment, and coordinate any required follow-up or appeals under applicable legislation and guidance.
A solicitor handles the procedural and evidential complexity: applying for DBS checks, interpreting what is disclosed, advising on the implications for recruitment, handling any corrections or disputes with DBS, and coordinating with employers, safeguarding requirements, and data protection considerations. They ensure the process complies with the GDPR, the Rehabilitation of Offenders Act 1974 (as amended), and related DBS policies, reducing risk to the organisation and the candidate.
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