Criminal record checks and BS 7858: how the two actually relate

BS 7858 is a screening standard. A criminal record check — disclosure at whatever level applies to the role — is a separate check, obtained through a separate process, that may or may not be required as part of screening for a given post. Treating the two as interchangeable is a common confusion, and it is worth being precise about the difference.

Why the position is not uniform

What level of disclosure applies, and whether it is required at all, depends on the specific role, the contract and the jurisdiction — the disclosure regimes in England and Wales, Scotland and Northern Ireland are separate systems with their own rules, and none of them are the same thing as an SIA licence check, which has its own separate criminality requirements as part of the licensing process itself.

Where this gets confused in practice

• –Assuming a valid SIA licence means a criminal record check has already been done for the purposes of a specific contract's requirements
• –Assuming BS 7858 automatically includes a disclosure check, when whether it applies depends on the role and what the standard and the contract actually specify
• –Using an out-of-date disclosure certificate as if it reflects current status, when a disclosure certificate is a point-in-time document
• –Not knowing which disclosure regime applies when an officer has lived or worked across more than one UK jurisdiction

Each of these is an understandable assumption, and each is worth checking rather than relying on, because getting it wrong is not always obvious until a client or an assessor asks specifically for something that was assumed to already exist. Related: BS 7858 screening, walked through stage by stage.

What to actually confirm

The current published version of BS 7858, the relevant disclosure service's own guidance, and the specific requirements of the client contract are the three places to check — in that order of specificity, with the contract usually being the most demanding of the three, since clients frequently set requirements above the baseline standard.

A check is a point in time

Any record check describes a position on the date it was carried out. For long-serving officers, a check obtained at recruitment several years ago is an ageing document, and organisations differ widely in whether they revisit it — often without having made a conscious decision either way.

The operationally useful step is having a stated position: what is checked, at what intervals, what triggers a re-check, and how disclosures are handled when they arise. Confirm what is actually required against the current published standard and current guidance, both of which are revised.

Common mistakes

• –No stated position on whether and when checks are revisited
• –Treating a check obtained years ago as current
• –No process for handling a disclosure that arises during employment
• –Inconsistent practice between branches
• –No record of the date a check was obtained and reviewed
• –Relying on the individual to report a change

What separates a defensible position

Having decided, and written down, what your own approach is: what is obtained, when, what triggers a re-check, and how a disclosure arising during employment is handled. Organisations without a stated position are not necessarily doing anything wrong, but they cannot demonstrate consistency, and consistency is what an assessor is looking for.

The handling of disclosures during employment is the part most often undefined, and it is the one most likely to be tested in practice.

One practical test: ask what happens to a disclosure today

Ask whoever handles screening what would happen if an officer employed for three years disclosed something tomorrow. Who decides, on what basis, and what gets recorded.

Most contractors have a clear process for checks at recruitment and no stated position on disclosures arising during employment — which is the situation most likely to actually occur, and the one where an inconsistent response is hardest to defend afterwards.

• –State your position on whether and when checks are revisited
• –Define how a disclosure during employment is handled, and by whom
• –Record the date a check was obtained and reviewed
• –Keep practice consistent between branches
• –Confirm requirements against the current published standard