Non-Crime Hate Incidents: How They Can Affect Your DBS Check

November 27, 2024, By

Have you recently failed a Disclosure and Barring Service (DBS) check due to a non-crime hate incident (NCHI)?

You’re not alone, and understanding why this happened is the first step toward resolving the issue. In the UK, NCHIs are recorded by the police and can appear on enhanced DBS checks, potentially affecting your employment opportunities, especially in sectors involving children or vulnerable adults. This article explains what NCHIs are, how they can impact your DBS check, and what you can do to appeal and rectify the situation.

What Are Non-Crime Hate Incidents?

Non-crime hate incidents are actions perceived by someone to be motivated by hostility or prejudice toward a person with protected characteristics such as race, religion, disability, sexual orientation, or transgender identity. These incidents don’t meet the threshold for criminal charges—no crime has been committed—but they are still recorded by the police when reported.

Key features of NCHIs include:

  • If anyone perceives an incident as motivated by prejudice, it can be recorded as a NCHI.
  • Terms like “hostility” and “prejudice” are interpreted broadly, encompassing feelings like ill-will or dislike.
  • Despite not being crimes, these incidents are documented and can have serious implications.

How Do NCHIs Differ from Hate Crimes?

While both involve elements of prejudice, the main difference lies in legality. Hate crimes are criminal offences motivated by bias against protected characteristics and can result in prosecution. Non-crime hate incidents, however, do not amount to a criminal offence but are still recorded due to their perceived prejudiced nature.

The Impact of NCHIs on DBS Checks

Why Did Your DBS Check Fail?

If your DBS check failed due to a NCHI, it’s likely because the incident was deemed relevant to the position you’re applying for. Enhanced DBS checks can include any information that the police consider pertinent, which may involve NCHIs recorded against your name.

This can significantly impact job offers, particularly in sectors like teaching, healthcare, or social work, where employers require the highest levels of trust and integrity.

Real-Life Implications

Imagine applying for a teaching position and being turned down because an old NCHI appeared on your DBS check. This could be an incident you thought was insignificant or had forgotten about entirely. Unfortunately, employers may view any recorded incidents, even non-criminal ones, as red flags.

There have been cases where individuals faced professional setbacks due to NCHIs related to social media posts or misunderstandings. For minors, incidents like schoolyard disputes recorded as NCHIs can affect future educational and employment opportunities.

Common Misconceptions About NCHIs

  • “It’s Not a Crime, So It Doesn’t Matter”: Even though NCHIs are not criminal offences, they can still appear on DBS checks and affect your job prospects.
  • “Only Victims Can Report NCHIs”: Anyone who perceives an incident as prejudiced can report it, including third parties.
  • “NCHIs Will Lead to Criminal Charges”: NCHIs do not result in criminal charges but are recorded for monitoring purposes.

Steps to Take With Slater Heelis

We understand how difficult it can be to apply for a DBS certificate with a history of a non-criminal incident, especially when you have a history of a non-criminal incident. Our experienced Criminal Defence team is here to help you work through this situation every step of the way.

Examples of how we can support you can be found here:

  • Administrative errors made by the DBS and barring, based on incorrect information
  • Disputing information on the certificate, such as incorrect personal information, spent offences that were later acquitted, or incidents that didn’t involve police action or arrest
  • Appealing for removal from a barred list if you have already been added
  • Support in dealing with and responding to ‘Minded to Bar’ letters
  • Seeking another decision from the DBS after the dispute window passes
  • Attempting to remove police cautions and instances of no further action from your police record
  • Appealing automatic addition to a barred list following a caution or conviction
  • Appealing to review a decision if believed to be disproportionate or inappropriate to be included

Don’t let a non-crime hate incident derail your career. If an NCHI appears on your enhanced DBS certificate, our team at Slater Heelis is here to advise on appeal and/or removal.