Do You Have to Have a DBS Check? What ‘Voluntary’ Really Means
26 November 2025
Do You Have to Have a DBS Check? What ‘Voluntary’ Really Means
The modern job market is more complex than ever. Employers are under increasing pressure to ensure they recruit safely, responsibly, and in line with the law. For applicants, this often means navigating a range of checks and assessments before setting foot in a new workplace. Understandably, many people wonder which parts of this process are optional, and which are simply unavoidable.
In the UK, one of the most common points of confusion concerns Disclosure and Barring Service (DBS) checks. Are they voluntary? Do you always have to agree to one? Or can you simply decline? The answer, as with many matters involving regulation and employment, is nuanced. In one sense, a DBS check is always voluntary; in another, it is anything but. Understanding the difference can help jobseekers make more informed choices and help employers maintain clarity in their recruitment processes.
The necessity of consent
A fundamental principle underpinning all DBS checks is consent. No employer, organisation, or third party can apply for a DBS check on your behalf without your explicit permission. The check contains personal and potentially sensitive information about your criminal history, and access to that information is tightly controlled.
That means you always retain the right to say “no”. You can decline to give your consent for a Basic, Standard, or Enhanced DBS check. However, in practice, declining a check may mean you are no longer eligible for the role you have applied for. Consent is required, but the consequences of withholding that consent vary significantly depending on the nature of the job.
In roles where safeguarding obligations apply, the law is clear: the employer must obtain a relevant DBS check before the work can begin. You are free to protect your privacy, but the employer is equally bound to uphold regulations designed to protect vulnerable groups. In such cases, choosing not to consent effectively means choosing not to continue with that type of work.
Where DBS checks are not legally required
The Basic DBS check is the most flexible and least restrictive level of check. It reveals only unspent convictions and conditional cautions. For the majority of roles in the UK, a Basic check is not a legal requirement. Instead, employers may choose to use it as part of a wider screening process to help them make informed hiring decisions.
In these circumstances, the check is voluntary in principle. You are not legally obliged to undergo it. However, an employer may decide to make a Basic DBS check a condition of employment. If so, you may still need to pass the check to proceed with the role, even though the requirement is organisational rather than legal.
This can occur in industries where trust, financial responsibility, or access to sensitive information are central to the role. Employers often use Basic checks to reinforce their duty of care, reduce risk, and maintain a safe working environment. Declining the check does not break any law, but it may exclude you from opportunities with employers who choose to adopt this level of screening.
Where DBS checks are legally required
Standard and Enhanced DBS checks are very different. They are used only for specific roles that fall within defined legal criteria. These typically involve responsibilities such as safeguarding, healthcare provision, education, regulated transport, or working closely with children or vulnerable adults.
For these roles, DBS checks are a statutory requirement. If the role meets the criteria set out in the Rehabilitation of Offenders Act (Exceptions) Order or the Police Act Regulations, an employer must obtain the appropriate level of DBS check. It cannot be waived, downgraded to a Basic check, or replaced by another form of vetting.
In this context, the check is not voluntary. Even though you technically must consent to it, the law requires that it be carried out before you can begin work. Employers therefore have a legal obligation to apply for the correct level of check, often using a verified provider such as Personnel Checks or other registered umbrella bodies. If they fail to do so, they risk breaching regulatory standards, invalidating insurance arrangements, or exposing service users to unacceptable risks.
For applicants, this means that withholding consent is unlikely to be a feasible option. If the job requires a Standard or Enhanced check, consent becomes a practical—if not legal—necessity.
Understanding the different levels of DBS checks
To understand why consent and legal requirements differ, it helps to know what each type of DBS check includes:
- Basic check – reveals unspent convictions and conditional cautions. Available for any role.
- Standard check – reveals both spent and unspent convictions, cautions, reprimands, and warnings. Restricted to eligible roles in certain sectors.
- Enhanced check – includes everything in a Standard check plus local police information considered relevant to the role. Used for positions involving close, unsupervised, or frequent work with vulnerable groups.
- Enhanced with Barred Lists – includes a check against the lists of individuals barred from working with children or adults. Required for regulated activity.
Understanding these distinctions helps explain why some checks are strictly optional, while others are compulsory.
The wider purpose of DBS checks
While DBS checks can feel intrusive, their purpose is protective rather than punitive. They form part of a wider safeguarding framework designed to ensure that individuals in positions of trust do not pose a risk to those who rely on them.
For employers, DBS checks provide reassurance and accountability. For the public, they help maintain confidence in essential services. And for jobseekers, they can offer opportunities to demonstrate reliability and integrity.
Regulated sectors—especially healthcare, education, and social care—must prioritise safety above convenience. DBS checks play a crucial role in upholding that responsibility.
Weighing up the pros and cons
Not everyone feels comfortable sharing past convictions, even when they are minor or historic. It is natural to worry about how sensitive information will be handled, who will see it, and how it may affect your career.
However, DBS checks are carefully governed. Only those with a legitimate need can access the results, and strict rules determine how the information is stored, shared, and used. Employers cannot share your certificate with others, and they must comply with data protection legislation such as the UK GDPR.
If you hope to work in a regulated sector, the reality is that a DBS check is often an unavoidable part of the process. If you prefer to avoid the check entirely, you may need to focus on roles where only a Basic check is used—or where no check is required at all.
For many people, the reassurance that their sensitive information is protected, combined with the opportunities available in regulated professions, makes the process worthwhile.
Choosing the right path
Ultimately, whether a DBS check feels voluntary depends on your career choices. You always have the right to withhold consent, but your options may narrow as a result. Understanding the distinction between legal obligation and employer preference helps you evaluate roles more clearly and make informed decisions about the type of work you wish to pursue.
DBS checks are now a standard and widely understood part of recruitment across the UK. By approaching them with clarity and confidence, applicants can navigate their job search more effectively and employers can ensure they meet their responsibilities while building trusted, resilient teams.
References
Gov.uk – DBS checks: guidance: https://www.gov.uk/government/collections/dbs-checking-service-guidance
ACAS – Recruitment and selection guidance: https://www.acas.org.uk/recruitment
CIPD – Pre-employment checks: https://www.cipd.org/uk/knowledge/factsheets/pre-employment-checks
US Office of Personnel Management – Suitability Executive Agent: https://www.opm.gov/suitability/
Header Image by Mohamed Hassan from Pixabay
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