Is a DBS check a legal requirement?

The DBS does not dictate when an application for a DBS check is required. It is the responsibility of the recruiting organisation (bearing in mind their legal and other regulatory obligations) to determine if a DBS check is needed, what level of check and workforce(s) may be applicable, and how frequently checks are updated on their staff and volunteers.

Recruiting organisations should refer to and follow the statutory guidance and vetting requirements issued by their own sector in all circumstances. Recruiting organisations unsure as to whether a DBS check is mandatory should refer to this guidance or seek independent legal advice.