Question to the Home Office:

To ask the Secretary of State for the Home Department, what recent assessment she has made of the effectiveness of enforcement of the requirement that the level of DBS checks must be proportionate to the role; what steps she is taking to strengthen compliance and enforcement; and whether she plans to introduce additional (a) powers, (b) guidance and (c) penalties to prevent inappropriate requests for higher-level checks.

Employers can only request higher‑level checks from the Disclosure and Barring Service (DBS) where the role meets the eligibility criteria set out in legislation. Standard checks are available only for positions listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, and access to enhanced checks requires inclusion in both the Exceptions Order and the Police Act 1997 regulations.

Applications for standard and enhanced checks must be submitted to the DBS via Registered Bodies (RBs) who play a key part in identifying the correct level of check for individual job roles. The DBS invests substantial resources into supporting the work of RBs and carries out routine assurance exercises with all RBs on a rolling basis.

When this process identifies non-compliance, the DBS sets deadlines for corrective actions and monitors progress. Over the past two years, all RBs have demonstrated compliance within required timescales, and no suspensions or deregistrations have been necessary. If non-compliance were to persist, the DBS would consider sanctions against the RB, including suspending individual signatories or the RB as a whole.

The DBS also provides a growing level of support to service-users to promote improved understanding of eligibility and the purposes for which checks may be used.

The Government keeps filtering rules and eligibility under continuous review. On 2 December 2025, the Deputy Prime Minister stated that the Government will consider opportunities to simplify the criminal records regime to ensure it is clear and proportionate, particularly in relation to childhood offences. The Home Office and Ministry of Justice are working together to consider next steps.