Hi, I saw a few people address questions surrounding DBS' so I figured it would be best to post here. Recently, I applied to a role where I will be working as a 'Recruitment Officer' for the council within and in relation to Foster Services.

I was successful at interview and hired. I understood the DBS would naturally be apart of the screening process and figured I would not have any issues with this.

I did have an encounter with Police a few years ago to which I had my solicitor request a SAR (Subject Access Request) due to negligence that lead to personal injury and unlawful detainment.

Reluctantly, I decided not to press charges due to the complications and personal circumstances that I felt were relevant at the time. Mainly, my understanding that the Police Officers that attended the incident were not fully equipped to deal with Mental Health issues evidently. So, I felt it was unfair to put these officers under scrutiny. At the time, I felt as if they were only trying to help.

However, as mentioned, the encounter with the Police resulted in me being detained under section 136 due to damage caused to my own property so no crime was committed.

I saw this on my Subject Access Request from around the time (3 years ago)

I understand the Disclosure and Barring Service can choose to include ‘approved information’, ‘non-conviction information’ or ‘police intelligence’. And also understand, s136 is on the list of 'Offences that will never be filtered'. Although, I did contact Unlock, a charity focused and aimed at DBS advice for this matter, who explained as its related to Mental Health, it is unlikely to be included on the DBS. This advice put me at ease initially.

However, since then, I found out from my future manager that the DBS have emailed HR to find out what capacity the role would be working with vulnerable adults and children.

Unfortunately, I was hired earlier than two other candidates and their DBS' have been returned clear, so it was straight forward enough to deduce that the request for the information was related to my DBS.

The DBS check is at stage 4 (checking the PNC) and has still not been returned after a month now.

I also requested an updated Subject Access Request and they are yet to reply to me. I made a mistake on the form and they replied but I have not received anything back yet since the DBS has been processing.

I have since made a strong recovery with my mental health. And, I feel it is now necessary to disclose this with my work due to the line of questioning around my DBS. I know I do not have to and this is well within my right but I feel like I have to address this.

I am keen to be open with my employer information about my past but also want to protect my privacy and mental health.

Since then, I've called the DBS who have mentioned there is an 'internal query' and they have reached out to my employer regarding this. I've been able to get through to my manager, and asked if they can ask HR to go back to the DBS. No response from HR or my manager as of yet.

I wondered if anybody has experienced anything like this and could offer any advice, or anybody with a legal background could help before I take this up with my solicitor?