Mental health & DBS Checks

---

Does mental health challenges show up on a DBS check?

The Data Protection Act classifies all health history as sensitive personal data. Because of this, the law only allows disclosure in strict situations, such as preventing crime or protecting someone’s welfare.

Central databases do not store mental health information. However, local police systems may hold this information if an applicant has previously interacted with the police.

Many police forces now use centralised systems that bring together:

Criminal records

Investigations

Intelligence reports

Non-crime incidents (including mental health and welfare referrals)

Police intelligence tools can search across these systems. However, Standard and Enhanced DBS Checks do not usually show whether someone has been sectioned.

---

When can police disclose mental health information?

When a role requires a DBS check, the police decide whether to disclose additional information. They assess each case individually.

To make this decision, they must carefully balance:

• The risk to vulnerable adults or children
• The applicant’s right to privacy

As a result, police rarely disclose mental health-related information unless it involves serious concerns. For example, disclosure becomes more likely if the incident involved:

• Violence or threat of violence toward another person
• Sexual behaviour such as exposing themselves
• Inappropriate touching of a child or vulnerable person

---

Legal guidance on DBS mental health disclosures

The 2015 Statutory Disclosure Guidance for Chief Officers of Police alongside the Quality Assurance Framework (GAF), sets out how police should handle non-conviction and mental health information.

The guidance ensures that police only share information that is:

• Relevant
• Necessary
• Proportionate

At the same time, it protects both public safety and the applicant’s right to privacy.

---

Key principles for mental health disclosures

Police must follow eight key principles when deciding whether to diclose information:

1. There is no automatic assumption for or against disclosure. Instead, the Chief Officer considers each case individually.

2. The Chief Officer must believe the information is relevant to the role. For example, information relevant to a nursing role may not apply to a cleaning role.

3. The Chief Officer must judge whether the information should appear on the certificate. When making this decision, they consider:

• The impact on the applicant’s private life
• The impact on crime prevention

4. Where appropriate, the applicant may have the opportunity to respond before the disclosure.

5. Police must keep a clear audit trial of decision-making.

6. They must make decisions within a reasonable timeframe.

7. Police must present information clearly and explain why they disclosed it.

8. Any delegation decisions must be appropriate and fully documented.

---

Additional QAF guidance on mental health

The Quality Assurance Framework also provides specific guidance on mental health. It reminds police to consider the following:

• Mental health conditions vary widely
• Police are not mental health specialists
• Mental illness itself is not a crime
• Many people successfully manage or recover from mental health conditions

---

Questions police consider during assessment

To decide whether mental health information is relevant, police may consider:

• Can the applicant act responsibly?
• Has their behaviour put themselves or others at risk?
• Does medication (or lack of it) affect their behaviour?
• Is their judgement impaired?
• How recent is the information?
• What is their current state of health?
• What impact could disclosure have on them?
• Would seeking their views change the decision?

These considerations help police make fair, balanced decisions.

---

Final thoughts

Overall, the system aims to balance the rights of the applicant with the safety of others. In most cases, mental health information will not appear on a DBS check unless it raises serious safeguarding concerns.

Sources:

https://www.reddit.com Police UK Comments

https://www.mind.org.uk/Information and Legal Rights with regard to DBS checks

Get in touch with our team of experts:

---