05/11/2016
For taxi drivers and operators across the United Kingdom, maintaining public trust and ensuring passenger safety are not just professional aspirations but fundamental requirements. Central to this commitment is the Disclosure and Barring Service (DBS) check, a critical tool for verifying an individual's criminal record. However, the traditional process of repeatedly applying for new DBS certificates can be cumbersome and time-consuming. This is where the DBS Update Service steps in, offering a modern, efficient solution designed to streamline the process for both applicants and employers. Understanding this service is not merely beneficial; it's becoming an indispensable part of a professional taxi driver's toolkit.
This comprehensive guide will delve into the intricacies of DBS checks and, more importantly, illuminate how the Update Service can simplify your professional life, ensure continuous compliance, and offer peace of mind. From registration details and costs to the implications for employers and your National Minimum Wage, we'll cover everything you need to know to navigate this essential aspect of your career.
- What Exactly is a DBS Check?
- The DBS Update Service: Streamlining Your Professional Life
- DBS Checks for Taxi Operators: Efficient Worker Verification
- Understanding DBS Fees and the National Minimum Wage (NMW)
- Comparative Overview: DBS Check Types and Update Service
- Frequently Asked Questions (FAQs)
- Q: Can I use my basic DBS check with the Update Service?
- Q: What happens if I forget to renew my Update Service subscription?
- Q: Do I always need a new DBS check when I change taxi companies or licensing authorities?
- Q: Is the DBS Update Service mandatory for taxi drivers?
- Q: Can an employer check my DBS status without my permission through the Update Service?
- Conclusion
What Exactly is a DBS Check?
Before we dive into the Update Service, it's crucial to grasp the foundation: what is a DBS check? A Disclosure and Barring Service check, often still referred to by its former name, a CRB check, is a criminal record check carried out by the UK government. Its primary purpose is to help employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children and adults at risk. For the taxi industry, where drivers are often in unsupervised positions with members of the public, the importance of these checks cannot be overstated.
A DBS check discloses details of an individual's criminal history. Specifically, it reveals cautions, reprimands, warnings, and convictions that are considered 'unspent' according to the Rehabilitation of Offenders Act 1974. Depending on the level of check, it can also include spent convictions and other relevant police information. For taxi drivers, the enhanced DBS check is typically required, as it provides the most comprehensive level of information, including checks against the barred lists for working with children and vulnerable adults.
The information provided by a DBS certificate allows licensing authorities and taxi operators to assess an applicant's suitability for a role that involves significant public trust. It's a cornerstone of safeguarding and a testament to the commitment of the UK taxi industry to uphold high standards of safety and professionalism.
The DBS Update Service: Streamlining Your Professional Life
The DBS Update Service revolutionises how individuals and organisations manage DBS certificates. It's designed to make the process more dynamic and less repetitive, offering significant advantages for busy professionals like taxi drivers.
Purpose and Core Benefits
At its heart, the Update Service serves two key purposes:
- It allows applicants to keep their DBS certificates up to date, meaning a single certificate can remain valid for ongoing employment, subject to certain conditions.
- It enables employers to check a DBS certificate's status online, seeing if any new information has been added since the certificate was issued. This eliminates the need for repeated, time-consuming applications.
For a taxi driver, this means less paperwork, fewer delays between jobs, and a more straightforward way to demonstrate their suitability for work to different operators or licensing bodies.
Eligibility: Which Checks Qualify?
It's important to note that the Update Service is not universal. It is specifically for standard and enhanced DBS checks only. If you have a basic DBS check, you cannot use the Update Service. For basic checks, you would typically register for an online services account instead, and a new check is usually required for each new employer or at regular intervals.
How to Register for the Service
Registering for the Update Service is a straightforward process, but the timing is crucial. There are two main scenarios for registration:
1. While in the Process of Getting a Standard or Enhanced DBS Check
If you are currently applying for a new standard or enhanced DBS check, you can register for the Update Service using your application reference number. This number is typically found as 'form ref' on your application form. You must ensure that DBS receives your application form within 28 days of registering for the Update Service. It's advisable to register as soon as you have your application reference number to avoid missing this window. You can also use the DBS tracking service to monitor the progress of your certificate.
2. If You Already Have a Standard or Enhanced DBS Certificate
If you already possess a standard or enhanced DBS certificate, you can still register for the Update Service. However, there's a strict time limit: you must register within 30 days of the certificate being issued. You will need your certificate number to complete this process. Missing this 30-day window means you won't be able to add that specific certificate to the service, and you would need to apply for a new DBS check if you wish to join.
Costs and the Volunteer Exception
Using the DBS Update Service incurs an annual fee of £16. This payment can be made by debit or credit card. However, there's a significant exception: if you are a volunteer, there is no charge for the service. For many taxi drivers, this fee is a small investment for the convenience and efficiency it provides.
What You Can Do Once Registered
Once you've successfully registered and signed in to the Update Service, you gain access to several useful functionalities:
- Add or Remove a Certificate: You can manage multiple certificates if you have them, adding or removing them from your account as needed.
- Give Employers Permission to Check: This is a core feature. You can grant specific employers permission to carry out a status check on your certificate, allowing them to see if anything has changed since it was issued.
- See Who Has Checked Your Certificate: Transparency is key. You can view a log of all organisations that have conducted a status check on your certificate, giving you control and oversight.
- View Your Details: You can access and review your personal details held by the service.
Portability: Taking Your Certificate From Job to Job
One of the most appealing aspects of the Update Service for taxi drivers is the concept of portability. Generally, once you're subscribed, you'll be able to take your DBS certificate from one job to the next without needing to apply for a new one each time. This is invaluable in an industry where drivers might work for multiple operators or frequently change companies.
However, there are crucial exceptions to this portability:
- Employer Request: An employer can still ask you to get a new certificate, even if you are on the Update Service. This might happen if their specific internal policies require it.
- Different 'Workforce' Type: If your original certificate was for a different type of 'workforce' than your new role requires, you'll need a new check. For example, if you have an 'adult workforce' certificate but now need a 'child workforce' certificate (common in school transport contracts), a new application will be necessary.
- Different Level Certificate: If you have a standard DBS certificate but your new role requires an enhanced one, you will need to apply for an enhanced check.
It's always best practice to confirm with your potential employer or licensing authority what specific DBS certificate they require you to have.
Renewing Your Subscription
A subscription to the DBS Update Service lasts for one year. To maintain the benefits, you must renew it. You have two options for renewal:
- Automatic Renewal: When you first register, you can choose the automatic renewal option, ensuring continuous coverage without manual intervention.
- Manual Renewal: If you opt out of automatic renewal, you can manually renew your subscription up to 30 days before your current subscription ends. It's critical to remember that you cannot renew on the very last day of your subscription, so plan ahead.
Failing to renew your subscription before it ends means your certificate will no longer be 'live' on the service. In such a case, you would need to apply for a completely new DBS check and then register for the Update Service again if you wish to rejoin.
DBS Checks for Taxi Operators: Efficient Worker Verification
The DBS Update Service isn't just beneficial for applicants; it offers significant advantages for taxi operators and licensing bodies too. It provides a quick and efficient way to verify the ongoing suitability of their drivers.
How to Check a Certificate Status Online
Employers can check the status of a worker's DBS certificate online directly through the Update Service. This process is straightforward and provides immediate results, indicating whether the certificate is still current and if any new information has been added since its issue date.
Key Requirements for Employers
To carry out a status check, an employer must meet specific criteria:
- Legal Entitlement: The employer must be legally entitled to carry out a DBS check for the position.
- Worker's Permission: They must have the worker's explicit permission to conduct the check. This is typically obtained during the recruitment process.
Crucially, employers do not need to pay or register for the Update Service themselves to carry out a status check. This simplifies the process for organisations, removing administrative hurdles and costs associated with checking. The results are visible straight away, allowing for quick and informed decisions.
Understanding DBS Fees and the National Minimum Wage (NMW)
A common question arises regarding the cost of DBS checks: is it an expense, and how does it interact with National Minimum Wage (NMW) legislation? This is particularly relevant for the self-employed taxi drivers and those working for operators.
Who is Liable for the DBS Check Fee?
According to relevant legislation (e.g., National Minimum Wage Regulations 2015, regulation 12(1) for England and Wales), the fee for a Disclosure and Barring Service check is the liability of the individual upon whom that check is being undertaken. This means the driver is responsible for the cost of their DBS check.
Impact on National Minimum Wage (NMW)
Understanding the NMW implications is vital:
- Deductions for the Check Itself: If an employer makes a deduction from a worker's pay to cover the cost of the DBS check on their behalf, this deduction will NOT reduce National Minimum Wage pay. This is because the payment is made over by the employer to a third party (DBS) to meet the liability of the worker.
- Administrative Charges: This is a critical distinction. If an employer imposes an additional administrative charge for handling the DBS application process, then the amount of this administrative charge WILL reduce the worker's National Minimum Wage pay. Employers must be careful not to charge administrative fees that would take a worker's pay below the NMW.
- Employer Paying Directly: If an employer pays the cost of the DBS check directly to a third party on behalf of the worker and does not seek to recover the cost from the worker, the amount paid does not count towards National Minimum Wage pay as it is not a payment being made to the worker.
In essence, the cost of the DBS check itself is considered a requirement for securing employment and does not arise from performing the job itself, therefore it's not treated as an expense for NMW purposes in the same way. However, any 'extra' charges levied by an employer for processing the application can impact NMW.
Regional Variations: Scotland and Northern Ireland
Similar principles apply in other parts of the UK:
- Scotland (Protection of Vulnerable Groups - PVG Checks): The cost of individual registration in the PVG scheme lies with the individual. Deductions or payments made by the worker to meet this cost will not reduce NMW pay. However, employer costs (e.g., requesting a PVG scheme record update) are the employer's liability. If these specific employer costs are passed on to the worker, they will reduce NMW pay.
- Northern Ireland (Access Northern Ireland Checks): Applications are the individual's liability, so deductions or payments from the worker will not reduce NMW pay. As with Scotland, if an employer passes on their own scheme registration costs to the worker, this will reduce NMW pay.
For taxi drivers, particularly those operating near borders or in different regions, it's important to be aware of these subtle but significant differences in how costs are handled, especially concerning administrative fees.
Comparative Overview: DBS Check Types and Update Service
To clarify the different types of checks and their interaction with the Update Service, here's a helpful table:
| DBS Check Type | Update Service Eligible? | Annual Cost (Applicant) | Who is Liable for Check Fee? | Impact on NMW (Applicant's Payment) |
|---|---|---|---|---|
| Basic | No | N/A (check fee applies separately) | Applicant | No reduction |
| Standard | Yes | £16 (free for volunteers) | Applicant | No reduction |
| Enhanced | Yes | £16 (free for volunteers) | Applicant | No reduction |
| *Employer Admin Charge* | N/A | Varies (if imposed by employer) | Employer (if imposed) | Reduces NMW pay |
Frequently Asked Questions (FAQs)
Q: Can I use my basic DBS check with the Update Service?
No, the DBS Update Service is exclusively for standard and enhanced DBS checks. For basic checks, you would typically need to apply for a new certificate as required by employers or licensing bodies.
Q: What happens if I forget to renew my Update Service subscription?
If you do not renew your subscription before it ends, your certificate will no longer be active on the Update Service. You would then need to apply for a new DBS check from scratch and re-register for the Update Service if you wish to use it again.
Not necessarily, if you are subscribed to the DBS Update Service with a relevant standard or enhanced certificate. The service allows employers and licensing authorities to check your existing certificate's status online. However, an employer or licensing authority can still request a new certificate based on their own policies, or if your role requires a different level or type of workforce check.
Q: Is the DBS Update Service mandatory for taxi drivers?
The Update Service itself is not mandatory, but having a current and valid DBS check (usually enhanced) is a mandatory requirement for all licensed taxi drivers in the UK. While not mandatory, subscribing to the Update Service is highly recommended as it offers significant convenience and cost-effectiveness by reducing the need for repeated full DBS applications.
Q: Can an employer check my DBS status without my permission through the Update Service?
No. Employers must be legally entitled to carry out a check and must have your explicit permission to check your DBS certificate status through the Update Service. You also have the ability to see who has accessed your certificate's status.
Conclusion
The Disclosure and Barring Service Update Service represents a significant leap forward in managing criminal record checks, offering unparalleled efficiency and convenience for UK taxi drivers and operators alike. By understanding its functions, eligibility, and the crucial details surrounding costs and National Minimum Wage implications, you can ensure continuous compliance with licensing requirements while streamlining your professional life. For taxi drivers, the Update Service means less time spent on paperwork and more time on the road, confidently serving the public. For operators, it means faster, more reliable verification of their workforce. Embracing this service is not just about meeting regulatory demands; it's about fostering a culture of trust, safety, and efficiency within the vital UK taxi industry.
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