Should Applicants For Work With Children Or Vulnerable Adults Have To Disclose Spent Convictions?

Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible.

When do spent convictions have to be disclosed?

As a general rule, spent convictions and cautions do not have to be disclosed to a prospective employer. However, if a candidate is seeking work in an "excepted occupation", including roles working with children or vulnerable adults, an enhanced DBS check will be required and this will list all previous convictions, including in some cases spent convictions.

In 2014 the rules were revised to filter out single convictions for non-violent, non-sexual offences with no custodial or suspended sentence after 11 years (or five and a half years where the offence was committed under the age of 18). A job applicant for a role in an excepted occupation with more than one spent conviction, however, must disclose all spent convictions regardless of the nature of the offence or penalty imposed.

Case: R (on the application of P) v Secretary of State for the Home Department

The joined applications included that of Ms P who has for some time unsuccessfully sought work as a teaching assistant. In...