Why do taxi and private hire drivers need Enhanced DBS Checks?
Since March 2012, taxi drivers have been eligible for the Enhanced DBS Check. This level of criminal record check is usually reserved for people caring for or supporting children or vulnerable adults. The fact that taxi and private hire drivers require an Enhanced DBS Check is a bit of an anomaly.
The rules around Enhanced DBS Checks were still a bit confusing up until recently. With the introduction of the Department for Transports (DfTs) statutory guidance, all taxi and private hire drivers are required to have an Enhanced DBS Check in place for their application.
In the new DfT guidance, it states:
“All individuals applying for or renewing a taxi or private hire vehicle drivers licence licensing authorities should carry out a check of the children and adult Barred Lists in addition to being subject to an enhanced DBS check”
What is an Enhanced DBS Check?
Enhanced DBS Checks are the highest level of criminal record available in the UK. An Enhanced DBS Check includes the following:
A check against the Police National Computer for any cautions, warnings, reprimands, or convictions (Spent or Unspent)
A check against the DBS’s Children’s or Adult’s Barred Lists
A check for any relevant police notes on the applicant
Licensing authorities must make sure that any drivers they are licensing have produced an Enhanced DBS Certificate. Without this, they cannot license people to become drivers.
Why do drivers need the Enhanced DBS Check?
As we’ve mentioned, it’s a bit of an anomaly that drivers need the Enhanced DBS Check. This level of check is usually reserved for people carrying our ‘regulated activity’. This is defined as activity where someone is providing some kind of care, support or supervision to children or vulnerable adults.
Whilst taxi and private hire drivers aren’t technically carrying out regulated activity, drivers can be responsible for transporting any member of the public. In the interest of public safety, licensing authorities are strongly advised not to issue a licence to any person that appears on either the Child’s or Adult’s Barred List.
To be able make an appropriate decision about whether a driver is ‘fit and proper’ licensing authorities need the information provided by the Enhanced DBS Check.
This means the Disclosure and Barring Service (DBS) consider drivers exempt from the normal eligibility criteria of the Enhanced DBS checks.
Why do drivers need to register to the DBS Update Service?
Part of the DfT guidance states that licensing authorities must conduct criminality checks on drivers every 6 months. The only feasible way to do this is by asking drivers to register for the DBS Update Service.
The guidance reads:
“All licensed drivers should also be required to evidence continuous registration with the DBS update service to enable the licensing authority to routinely check for new information every six months. Drivers that do not subscribe up to the Update Service should still be subject to a check every six months.”
Drivers technically don’t have to sign up for the DBS Update Service. However, if they don’t, they must complete a new DBS Check every 6 months to conform with the rules.
Since the introduction of the Update Service as a requirement, there has been a number of complaints about having an additional step in the licensing process. But in the long run, registering for the DBS Update Service not only makes the licensing process quicker but also saves drivers money.
The DBS Update Service costs £13 a year to subscribe to which is cheaper than the cost of an Enhanced DBS Check over the same period.
If you’re a driver and want more information about Enhanced DBS Checks, make sure you speak to your licensing authority. They’ll be able to give you all the information about the rules they have in place in your area.