DBS disclosures

As a public service Newport City Council is careful about the character and background of employees whose work will bring them into contact with vulnerable people. 

Rehabilitation of Offenders Act 1974

If the post you are applying for is exempt from the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), you will have to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent.

If the post is exempt this will be stated in the job description under special conditions and you must complete the relevant section on the application form.

The Children Act 1989

If the post you are applying for will mean you have a lot of contact with children, you are required, under the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent, as detailed above.

You will also, under the Disclosure of Criminal Background of those with Access to Children (Children Act 1989), be subject to a Disclosure and Barring Service (DBS) check. 

Police Act 1997

Part 5 of this Act allows organisations to obtain criminal record information about prospective employees and volunteers.

Organisations are able to obtain DBS disclosures which show spent convictions, bindovers or cautions for posts which will bring the employee or volunteer into contact with vulnerable groups and for other categories of posts contained within the Rehabilitation of Offenders Act.

If the post for which you are applying has been classified as requiring a DBS disclosure you will be asked to complete a disclosure application at the shortlisting stage or if you are offered the job.

The information will be treated as confidential and only the disclosure application for the successful applicant will be sent to the DBS, all others will be shredded.

The disclosure of a criminal record, or other information, will not prevent you from being offered a post unless the appointing officer considers that the conviction means you are unsuitable for the job. 

When deciding the appointing officer will consider the nature of the offence, how long ago and what age you were when it took place and any other relevant factors. 

Your job referees will be told that the post for which you are applying is exempt from the Rehabilitation of Offenders Act 1974 and that they are able to reveal any information they may have concerning convictions which would otherwise be spent and which they may consider relevant to your suitability for employment.

Failure to declare a conviction, caution or bindover which later comes to light may result in dismissal.