Is DBS legislation

• The Criminal Records Bureau (CRB) was established under part V of the Police Act 1997.
• The Independent Safeguarding Authority (ISA) was established by the Safeguarding Vulnerable Groups Act 2006.
• The Disclosure and Barring Service (DBS) was established by the Protection of Freedoms Act 2012 to take over the duties of the CRB and ISA

The Rehabilitation of Offenders Act 1974 (Exceptions) order 1975 allows for DBS checks but does not insist on them.

The Safeguarding Vulnerable Groups Act 2006 insists on DBS checks for certain positions but for most others, DBS checks are not required by law.

Even if a check is not required by law, if the employer has not taken adequate steps upon recruitment (i.e. DBS checks) they can be liable if anything goes wrong.

A lot of organisations that have people working in positions that can be DBS checked have regulating bodies (i.e. Ofsted, CQC, etc) who have their own policies towards checking.