There is no automatic DBS requirement for every franchise. Whether you must run a check depends entirely on the role’s activities and eligibility under the Police Act 1997 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Some positions qualify for a Standard, Enhanced, or Enhanced with Barred List(s) check; others don’t qualify for any check at all. Your next move: review the job’s actual duties and how often they involve regulated activity before you apply for anything.
Franchise DBS checks UK: who decides eligibility and what each level shows
Eligibility isn’t a judgement call you make on instinct. It’s set in law. The Police Act 1997 and the Exceptions Order 1975 together define which roles are legally permitted to request a Standard or Enhanced check, and applying outside those rules isn’t just unnecessary, it’s unlawful.
Four levels exist, and franchise owners regularly confuse them:
- Basic shows unspent convictions only. Any employer can request one for any role, including most retail, hospitality, and office franchise positions.
- Standard shows spent and unspent convictions, cautions, reprimands and warnings. Used for roles like security work or certain financial positions.
- Enhanced adds local police information and is used for roles working closely with children or vulnerable adults, such as home care staff or tutoring franchises.
- Enhanced with Barred List(s) checks whether someone is barred from working with children or adults. This applies to regulated activity, such as care franchise staff providing personal care unsupervised.
A franchised coffee shop assistant or a driving instructor’s admin staff typically qualify for none of these. A domiciliary care worker or a children’s activity coach almost always needs Enhanced, often with barred list checks attached.
Franchisor policy versus franchisee employer duties: who’s actually responsible?
In nearly every UK franchise model, the franchisee is the legal employer. That means the franchisee carries the legal duty to request and evidence DBS checks for their own staff, not the franchisor. GOV.UK’s eligibility guidance makes this employer-level responsibility explicit, and it’s a point that catches out a lot of first-time franchise owners who assume head office handles it.
Franchisors still shape the picture. Many issue operations manuals that mandate screening standards to protect brand reputation, and the British Franchise Association’s Code of Ethics expects franchisors to hold franchisees to consistent standards, including recruitment practices. Read your franchise agreement carefully. If DBS responsibility isn’t spelt out, ask in writing before you hire.
How do you apply: registered employer or umbrella body?
The route you take depends largely on volume. Employers submitting more than 100 eligible check applications a year must register directly with DBS as a Registered Body. That involves an application, ID verification processes, and ongoing compliance obligations. Most single-unit or small multi-unit franchisees fall well short of that threshold.
For everyone else, an umbrella body, a Registered Body that processes applications on behalf of other organisations, is the practical route. You submit your application through them rather than registering yourself.
Costs stack in two layers:
- The DBS fee itself, which varies by check level and is set out on official DBS fee schedules.
- An administration fee charged by the umbrella body, which varies between providers and is added on top.
Always confirm current fees directly with your chosen umbrella body rather than relying on figures quoted elsewhere, since these can change. If you run several units and expect to process a high volume of checks each year, it’s worth calculating whether direct registration becomes more cost-effective than paying umbrella fees per application.
What’s the step-by-step process for running a DBS check?
Running a compliant check isn’t complicated once you know the sequence. Franchise owners who skip steps, particularly ID verification, are the ones who end up with rejected or delayed applications.
- Define the role precisely. List the actual duties and how often they involve children, vulnerable adults, or regulated activity.
- Check eligibility against the Exceptions Order 1975 before deciding on a check level.
- Choose your application route, either direct employer registration or an umbrella body.
- Verify identity documents. Most routes require a combination of passport, driving licence, and proof of address, checked by a trained countersignatory.
- Submit the application through your chosen registered or umbrella body.
- Wait for the police stage on Enhanced applications, where local forces add relevant information.
- Receive the certificate and log it immediately in your central record.
Enhanced checks take longer than Basic or Standard because they pass through local police force checks. If an application sits with a police force for more than 60 days, you or the applicant can request an escalation to check progress.
Pro Tip: Build in a two-week buffer before a new starter’s first shift involving regulated activity. Enhanced checks with police involvement rarely complete in a handful of days, and you don’t want a compliance gap on day one.
What should your single central record actually contain?
Regulators and franchisors alike expect one thing above all else: a single central record that proves, at a glance, who’s been checked, at what level, and when, supported by Professional PAT Testing Services for Safety Compliance. This matters most in regulated sectors. Care franchises answerable to the Care Quality Commission are ultimately responsible for screening consistency across their network, and inspectors will ask for evidence, not assurances.
Your record should log:
- Staff member’s name and role
- DBS level requested and reason for eligibility
- Certificate reference number
- Date the check was completed
- ID evidence used and who verified it
- Next recheck or audit date
A simple spreadsheet works fine for a single unit. Franchisors running multi-unit networks often build this into a shared system, checked periodically through the operations manual and audit visits. Remember that DBS certificate data counts as sensitive personal data under data protection law, so store it securely and only for as long as necessary. Our franchise compliance checklist for UK franchisors sets out a fuller audit framework if you want to build this into your own operations manual.
A practical checklist for franchise owners to use right now
Print this, stick it in your recruitment folder, and work through it for every new eligible hire:
- Review the job description against DBS eligibility criteria before advertising the role.
- Decide the correct check level, Basic, Standard, Enhanced, or Enhanced with barred lists.
- Confirm who applies: you as employer, or an umbrella body for self-employed contractors.
- Complete ID verification with a trained countersignatory.
- Log the certificate reference and date in your central record the day it arrives.
- Schedule your next audit date and set a recheck policy, commonly every three years for ongoing regulated roles.
- Put your rehire and rechecking policy in writing so it’s consistent across every hire.
Most franchisees pay for their own checks as the legal employer, though some franchisors negotiate bulk umbrella body rates across the network. If your franchise agreement is vague on this, raise it directly: “Can you confirm in writing whether DBS screening costs and responsibility lie with the franchisee or are covered under the franchise fee?” Our guide to franchise due diligence covers other questions worth asking before you sign.
What about self-employed contractors, directors, and volunteers?
Self-employed contractors working in regulated roles, think mobile care workers or freelance tutors under your franchise banner, generally can’t have an Enhanced check applied for them by you directly. They need to apply through an umbrella body themselves, since employers cannot request Enhanced or Enhanced with Barred List(s) checks on behalf of self-employed people except in specific contracting arrangements.
Franchise directors and owners occasionally need checks too, particularly if they personally deliver regulated activity rather than just managing the business. Volunteers and personal employees, such as a nanny hired directly by a family, sit under slightly different fee and eligibility rules. GOV.UK’s guidance is the reliable reference point for each of these edge cases rather than general franchise advice.
What are the most common DBS mistakes franchise owners make?
The biggest risk isn’t under checking, it’s over-checking. Requesting a Standard or Enhanced check for a role that doesn’t qualify breaches data protection rules and is unlawful, regardless of good intentions.
The second most common mistake is assuming the franchisor has it covered. Confirm responsibility in writing and keep that evidence with your franchise agreement documents.
If you’ve already requested the wrong level, stop processing it, seek guidance from free advisory services like Unlock or Nacro, and correct the eligibility assessment before reapplying.
Find franchisors who take compliance seriously
Not every franchise opportunity comes with a clear, documented approach to staff screening and operational compliance, and that gap can leave new franchisees carrying risk they didn’t expect. There are directories to help you filter UK franchise opportunities by industry, investment level, and lifestyle fit, which can help identify franchisors that publish clear operations manuals and recruitment standards rather than vague promises.
Browse our trending franchise opportunities to see which brands are attracting serious interest right now, or use our full search directory to filter by sector and compare how different franchisors document their compliance expectations before you commit. If you’re weighing up regulated sectors like care or business services, our business services franchise listings is a sensible place to start comparing.
FAQ
Do all franchise employees need a DBS check?
No. Eligibility depends on the specific role’s duties under the Police Act 1997 and the Exceptions Order 1975, not on the fact that the business is a franchise. Office, retail, and most customer-facing franchise roles typically don’t qualify for any level of check.
Who pays for DBS checks in a franchise, the franchisor or franchisee?
The franchisee, as the legal employer, is usually responsible for arranging and paying for staff DBS checks. Some franchisors negotiate umbrella body rates across their network, so it’s worth checking your franchise agreement for specifics.
How long does an enhanced DBS check take for a franchise employee?
Timelines vary, but Enhanced checks involve an additional police force stage that can extend processing beyond Basic or Standard checks. If an application sits with a police force for more than 60 days, you can request an escalation to check its progress.
Can self-employed franchise contractors get their own DBS check?
Yes. Self-employed contractors generally need to apply through a DBS umbrella body rather than have the franchisee apply on their behalf, since employers can’t request Enhanced checks for self-employed people in most circumstances.
Does Franchiselocal help me find franchisors with clear DBS and compliance policies?
Some franchise directories provide filtering by industry and investment level, enabling easier comparison of franchisors and helping identify those with clear operations manuals and recruitment standards. Current listings and filters are available on the Franchiselocal search directory.