Caution, Filtering and DBS?

[DBSLegalHelp]

I was given a caution for common assault in May 2015. I'm not proud of it but I've sought help and moved on from that area of my life.

My understanding is the caution will be filtered from my DBS in May 2021 (6 years after it was issued). I'm just wondering what happens in terms of disclosing it for jobs.

I need to start applying for jobs so any I apply for within the next 5 months will need to be disclosed (all require enhanced DBS check). If I'm unsuccessful and am applying beyond May 2021, what happens in terms of the places I've already disclosed to? If another job comes up there (quite likely in my field), do I disclose again on the application form? Do I need to ask them to remove it once it's been filtered?

You are correct that the assault will be filtered from DBS checks after 6 years. After that you do not have to disclose it on application forms and they cannot take it into account when deciding whether to employ you. I would therefore not disclose it on the application form.

Thank you @prh47bridge can they definitely not discretely hold it against me if they're already aware and they have other candidates without a record?

They cannot legally take it into account. No-one can guarantee that an employer won't ignore the law, unfortunately.

If its an enhanced dbs check you will always need to disclose it. And assault is something that will prove detrimental. However , you can certainly outline what happened, any mitigation etc.

@RedHelenB

If its an enhanced dbs check you will always need to disclose it. And assault is something that will prove detrimental. However , you can certainly outline what happened, any mitigation etc.

That is not true. A caution for common assault is removed from all DBS checks after 6 years.

Yes I've just read that. To me, it makes a bit of a mockery of the enhanced check.

And assault is something that will prove detrimental.

@RedHelenB not necessarily. I disclosed it less than a year after it happened and due to mitigating circumstances and things that I'd done afterwards, the company I'd applied for were very understanding and offered me the job. I'm aware though that not everyone will think the same, hence me asking about whether (legally) it will affect my job prospects / disclosure etc.

I'm sorry you feel it makes a mockery of it but this was specifically posted in legal to ask for legal advice rather than the moral side of it and personal views of others.

I'm speaking about an enhanced check. I'm not saying someone who has got a caution for assault should never be employed as say an adult carer BUT I thought after Huntley the whole point of DBS checks was there was no chance of slipping through the net.
So you would have to declare it and then the mitigating circumstances can be taken into account when making a job offer or not.

This guidance might help - rules on disclosure have changed recently www.gov.uk/tell-employer-or-college-about-criminal-record

@RedHelenB as I said, I'm not interested in getting into the morals or personal viewpoints on this thread, I was simply looking at the legal perspective. There is a list of specified offences which will always appear on the enhanced DBS but common assault is not one of them.

Thank you @supercatlady.

The rules haven't changed recently. Filtering was introduced in 2013. Prior to that, Standard and Enhanced checks both included details of all convictions and cautions.

Unfortunately, when DBS checks became available a significant number of employers refused to employ unless the check was completely clear. This was poor practice. The employer should have looked at the relevance of the conviction. The result was that some people were refused jobs based on an irrelevant minor offence committed years previously. This led to a challenge in the courts, as a result of which the courts ruled that always disclosing everything was a breach of the individual's human rights. Filtering was therefore introduced. Most offences are now removed from DBS checks after a period of time but the more serious offences that are likely to genuinely bar someone from working with children or vulnerable adults are never filtered.

@prh47bridge

The rules haven't changed recently. Filtering was introduced in 2013. Prior to that, Standard and Enhanced checks both included details of all convictions and cautions.

Unfortunately, when DBS checks became available a significant number of employers refused to employ unless the check was completely clear. This was poor practice. The employer should have looked at the relevance of the conviction. The result was that some people were refused jobs based on an irrelevant minor offence committed years previously. This led to a challenge in the courts, as a result of which the courts ruled that always disclosing everything was a breach of the individual's human rights. Filtering was therefore introduced. Most offences are now removed from DBS checks after a period of time but the more serious offences that are likely to genuinely bar someone from working with children or vulnerable adults are never filtered.

They changed last November www.gov.uk/government/publications/filtering-rules-for-criminal-record-check-certificates/new-filtering-rules-for-dbs-certificates-from-28-november-2020-onwards As an employer we had to change the disclosure question,

Sorry - there were changes but they make no difference for the OP. The changes only affect people with cautions received when they were under 18 and people who have been convicted of multiple offences.