Basic DS Checks: Everything You Need to Know
Out of the 4 levels of Disclosure Scotland criminal record checks, the most frequently used check is the Basic Disclosure Scotland.
Basic Disclosure checks from Disclosure Scotland provide a certificate showing any unspent criminal convictions, helping employers and organisations make informed decisions about individuals.
This comprehensive guide answers common questions about Basic Disclosure Scotland (Basic DS) checks, offering a deeper understanding of their purpose, application process, and significance.
What is Disclosure Scotland?
Disclosure Scotland is an executive agency of the Scottish Government that provides criminal record checks to help employers and organisations make safer recruitment decisions. They offer various levels of disclosure, including Basic, Standard, and Enhanced checks, to reveal relevant criminal history information based on the level of check requested.
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What is a Basic Disclosure Scotland check?
A Basic DS check is a type of criminal record check processed by Disclosure Scotland (DS). Basic Disclosure checks from Disclosure Scotland reveal only unspent criminal convictions. They do not include any other information, such as spent convictions, cautions, or other police records. This type of check is frequently used by employers and organizations in Scotland to make informed decisions about individuals, ensuring they are aware of any relevant criminal history.
Who needs the check?
Individuals applying for jobs, volunteer positions, or other roles that require an unspent criminal record check typically need a Basic Disclosure check from Disclosure Scotland.
This can include positions in various sectors such as retail, hospitality, and finance, where employers want to ensure the trustworthiness and reliability of their staff.
It’s also useful for individuals who need to provide proof of their criminal record status for personal reasons, such as applying for a visa or renting a property.
A Basic DS can essentially be used for any role in any sector where there is not a regulatory requirement for either a Standard or Enhanced Disclosure, or Protecting Vulnerable Group (PVG) Scheme Membership.
What information does a Basic DS check reveal?
A Basic DS check discloses unspent convictions that are recorded on the Police National Computer and are not filtered out by legislation. Previous convictions and alternatives to prosecution: disclosure periods
Basic Disclosure Scotland Certificate
How do I apply for a Basic DS check?
Individuals can apply for a Basic DS check on their own, however, many organisations choose to use a Responsible Organisation (RO) registered with Disclosure Scotland.
The employer will provide individuals with the necessary application link/forms and advice. The individual will need to provide comprehensive personal details, including current and any previous names, legal gender, 5-year address history, mother’s maiden name, date of birth and consent.
The individual will need to provide the necessary information, provide proof of identity and current address in line with Disclosure Scotland ID Checking Guidelines, and have the application submitted to Disclosure Scotland Disclosure Scotland on their behalf.
After Disclosure Scotland completes the check, they issue a certificate and send it directly to the individual. The individual can then share the certificate with the employer or organisation requesting the check.
Why would organisations use a Responsible Body rather than just getting employees to apply directly?
Using a Responsible Organisation (RO) like EBC Global for Basic Disclosure checks not only streamlines the process and ensures accuracy, but also allows employers to cover the cost of the checks, relieving candidates of the financial burden.
Additionally, it provides employers with the ability to track and manage the progress of applications, ensuring timely completion and reducing the risk of delays or missed checks.
This comprehensive approach enhances the overall efficiency and effectiveness of the recruitment process. Most importantly, it mitigates the risk of fraud, such as fake certificates or the use of fake identities, ensuring that the information returned to employers is genuine and trustworthy.
What about sensitive applications including gender reassignment?
Disclosure Scotland offers guidance for sensitive applications, including those related to gender reassignment. Transgender applicants can apply for a disclosure using their current gender without disclosing their previous name to the employer.
Transgender applicants only need to inform Disclosure Scotland separately. This process ensures that previous gender identity is not revealed on disclosure certificates.
You can visit the Disclosure Scotland website to access Information for transgender and non-binary disclosure applicants.
How much does a Basic Disclosure Scotland cost?
As of the latest update, the cost of a Basic DS check is £25. This fee is typically paid by the employer, although some employers may require the applicant to cover the cost.
IMPORTANT UPDATE: Any changes to Disclosure fees at Disclosure Scotland are due to take effect on April 1st 2025. The price of Basic Disclosures/Level 1 checks are expected to remain unchanged.
Latest Available Statistics on Basic Disclosure Scotland Checks
In the 2022 to 2023 reporting year, Disclosure Scotland processed a total of 269,000 Basic DS checks.
This figure was down 8% on 2021’s figure of 290,000.
Approximately 88.5% of all DS checks (303,000) processed in 2023 were Basic Disclosures.
The average turnaround time for Basic DS checks improved from 4.4 days to 3.6 from 2021 to 2022.
99.7% of Basic DS checks were processed within the target of 14 days.
Frequently Asked Questions
Do police forces receive Basic DS checks to determine whether they need to include police intelligence information on standard disclosure certificates, as they do for Enhanced Disclosures?
No, Basic DS checks do not include additional police intelligence. Basic DS Certificates only reveal information held on the Police National Computer that is not subject to filtering.
How far back does a Basic Disclosure Scotland check go?
Basic Disclosure Scotland check reveals any unspent convictions according to the Rehabilitation of Offenders Act 1974.
Different convictions have varying rehabilitation periods that determine when they become “spent” and no longer require disclosure.
Essentially, it provides a snapshot of an individual’s criminal record at the time of the check.
Currently, custodial sentences over 48 months never become “spent.”
For more detailed information on filtering rules and rehabilitation periods in Scotland, you can visit the Scottish Government’s official page.
Can an individual apply for a Basic DS check for themselves?
Yes, an individual can apply for a Basic Disclosure Scotland (DS) check for themselves. This type of check is often used for volunteering, or for personal reasons. The application process can be completed online through the MyGov. Scot website.
However, using a Responsible Organisation (RO) like EBC Global for Basic Disclosure checks streamlines the process, ensures accuracy, and allows employers to cover the costs, relieving candidates of the financial burden.
It also enables employers to track and manage application progress, ensuring timely completion and reducing the risk of delays. Additionally, it mitigates the risk of candidates doctoring the certificate, enhancing the overall efficiency and effectiveness of the recruitment process.
Can employers request Basic DS checks for all job positions?
Employers can request Basic Disclosure Scotland checks for most job positions, but only when used for roles where a basic level of vetting is sufficient, rather than for roles involving work with children or vulnerable groups.
For more information on the different types of disclosure checks and their appropriate use, you can visit the MyGov. Scot website.
What is the difference between a Basic DS check and other Disclosure Scotland checks?
Basic disclosures show any unspent convictions and apply to positions that do not involve working with vulnerable groups, such as children or protected adults.
For roles that require a higher level of scrutiny, such as those involving regular contact with vulnerable individuals, employers may need to request a Standard or Enhanced Disclosure, or a Protecting Vulnerable Groups (PVG) check. These higher-level checks provide more detailed information, including spent convictions and other relevant information held by police.
Employers should ensure that the level of disclosure requested aligns with the responsibilities of the position and complies with legal requirements. Misuse of disclosure checks can lead to legal consequences and breaches of data protection laws.
For more information on the different types of disclosure checks and their appropriate use, you can visit the mygov.scot website.
Can overseas residents or non-UK citizens apply for a Basic DS check?
Yes, overseas residents and non-UK citizens can apply for a Basic Disclosure Scotland (DS) check. This type of check is available to anyone, regardless of their nationality or place of residence. These checks are often utilised by non-UK employers, as they can be used regardless of where the work will take place.
How long is a Basic Disclosure Scotland check valid?
A Basic DS check does not have a formal expiry date. It is a snapshot of an individual’s criminal record at the time the check was completed.
Employers may, and usually do, require re-checks periodically. Many employers choose to renew them every 1 to 3 years, depending on their internal policies and the nature of the role.
Can an employer transfer a Basic DS check?
A Basic Disclosure Scotland (DS) check is not transferable between employers. Each employer must request a new check to ensure they have the most up-to-date information about an individual’s criminal record. A Basic DS check only provides a snapshot of an individual’s unspent convictions at the time of the check.
Employers are responsible for ensuring that the information they rely on is current and accurate, which is why they cannot use a previous check conducted by another employer.
What happens if the Basic Disclosure Scotland certificate discloses information?
If a Basic Disclosure Scotland (DS) certificate reveals unspent convictions during employment screening, the employer will review the information to determine its relevance to the job role.
In most cases, the presence of a criminal record does not automatically disqualify an individual from employment. The employer assesses whether the disclosed information is relevant to the job role.
In most cases, the best course of action would be for an employer to have a discussion with the applicant. Discussing disclosed information with the applicant helps employers comply with the Rehabilitation of Offenders Act (ROA) 1974.
This process ensures that employers consider the context and any mitigating circumstances surrounding an unspent conviction, promoting fair treatment and reducing the risk of discrimination.
By giving applicants, the opportunity to explain their situation, employers can make more informed decisions that align with the principles of the ROA, which aims to support the rehabilitation and reintegration of individuals with past convictions.
Can someone with a criminal record still get a job if they have content revealed on a Basic DS certificate?
Yes, having a criminal record does not automatically prevent someone from getting a job. Employers need to consider the nature and relevance of the offence, the time elapsed, frequency, circumstances, evidence of rehabilitation, and character references when reviewing disclosed information on a Basic DS certificate.
Employers will consider the relevance of the disclosed information to the role and make a decision based on their assessment.
Can individuals appeal the results of a Basic DS check if they believe they are incorrect or unfair?
Yes, individuals can appeal the results of a Basic Disclosure Scotland (DS) check if they believe the information is incorrect or unfair.
- If there’s an error on a disclosure certificate: Contact Disclosure Scotland:
- Call 0300 020 0040 to raise the dispute over the phone,
- or email customerliaison@assured.systems.gov.scot.
Disclosure Scotland aims to resolve issues within 21 working days. The length of time it takes depends on how complex the problem is. In some cases, you might need to provide evidence to confirm your identity. Disclosure Scotland will contact you if you need to do this.
The Disclosure Dispute Form will become available as part of the Disclosure (Scotland) Act 2020 implementation.
How long does it take to process a Basic DS Check?
Disclosure Scotland’s processing times for Basic DS Checks can vary. However, in 2023, Disclosure Scotland completed 99.7% of Basic DS checks within 14 working days.
Many Basic DS checks return within 1 working day, with an average processing time of just 3.6 days from submission, compared to 4.4 days in 2022.
These figures exclude the time individuals take to complete application forms and undergo ID checks.
How often should you renew Basic Disclosure Scotland Checks?
No specific legal requirement dictates how often you should renew Basic Disclosure Scotland (DS) checks. The frequency of renewal typically depends on the employer’s policies and the nature of the job.
Some employers may require annual renewals, while others do so every few years or when an employee’s role changes.
Employers must keep employee criminal records up to date, especially for roles with higher trust or responsibility.
Regular renewals can help maintain this up-to-date information.
