Does a Non-Molestation Order Show on a DBS Check?

Does a Non-Molestation Order Show on a DBS Check?

A Non-Molestation Order is a civil order designed to protect individuals from harassment, violence, or threats, usually in the context of domestic abuse. It is commonly issued under the Family Law Act 1996 in England and Wales. If you have been issued a Non-Molestation Order or are subject to one, you may be wondering if it will appear on a Disclosure and Barring Service(DBS) check, particularly if you are applying for jobs that require background checks.

What Is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction aimed at protecting individuals from violence or harassment, often in cases of domestic abuse or familial disputes. The order prohibits the person it is issued against from threatening, harassing, or contacting the victim.

Key provisions of a Non-Molestation Order include:

• Prohibiting the abuser from threatening or harassing the applicant.
• Preventing any direct or indirect contact with the applicant, whether in person, by phone, or online.
• Restricting the abuser from coming near the applicant’s home, workplace, or school.

Breaching a Non-Molestation Order is a criminal offence and can lead to arrest, prosecution, and significant penalties.

What Is a DBS Check?

A DBS check is a background check carried out by the Disclosure and Barring Service (DBS), typically required for jobs involving children, vulnerable adults, or positions of trust. There are three main levels of DBS checks:

1. Basic DBS Check: Only reveals unspent convictions.
2. Standard DBS Check: Includes spent and unspent convictions, cautions, reprimands, and final warnings.
3. Enhanced DBS Check: The most detailed, including everything in a Standard DBS check, plus any relevant information held by local police forces that could be considered pertinent to the role being applied for.

Does a Non-Molestation Order Show on a DBS Check?

Whether a Non-Molestation Order appears on a DBS check depends on the type of check and the circumstances surrounding the order:

1. Basic DBS Check

• A Non-Molestation Order is a civil order, not a criminal conviction, and does not appear on a Basic DBS check. Basic DBS checks only reveal unspent criminal convictions, and since civil orders are not criminal matters, they will not be listed.

2. Standard DBS Check

• Civil orders such as Non-Molestation Orders generally do not appear on Standard DBS checks, as these checks focus on criminal convictions, cautions, and warnings.
• However, if you have breached a Non-Molestation Order and have been convicted of the breach, this conviction will appear on a Standard DBS check.

3. Enhanced DBS Check

• An Enhanced DBS check goes beyond criminal records and includes relevant police information. Although Non-Molestation Orders are civil matters, police intelligence or information related to the issuance of the order, especially if there was police involvement, may be disclosed if deemed relevant to the job you are applying for.
• Enhanced DBS checks may include information about the circumstances leading to the order if the police believe it is pertinent to the role. This is particularly relevant for jobs involving children, vulnerable adults, or positions requiring a high degree of trust.

Breaching a Non-Molestation Order and DBS Checks

Breaching a Non-Molestation Order is a criminal offence and will show up on all levels of DBS checks, depending on whether the conviction is spent or unspent:

• Basic DBS Check: If the breach resulted in an unspent conviction, it will appear on a Basic DBS check.
• Standard DBS Check: Breaches, whether spent or unspent, will appear on Standard DBS checks.
• Enhanced DBS Check: An Enhanced DBS check will include any conviction for breaching the order and may also include additional police information about the breach or related events.

Recent Statistics on Non-Molestation Orders and Breaches

The use of Non-Molestation Orders has been rising in recent years as awareness and reporting of domestic abuse have increased. Here are some key statistics:

• Conviction rates for breaches: In 2022, approximately 82% of offenders charged with breaching a Non-Molestation Order were convicted.
• Increase in orders: Between 2021 and 2023, there was a 15% increase in applications for Non-Molestation Orders, reflecting the growing use of this legal tool in protecting victims of domestic abuse.
• Police National Database: As of 2023, around 240 records related to Non-Molestation Orders were created on the Police National Database as part of a pilot project to improve access to these orders and better track breaches.
• Reassurance for applicants: In a 2022 survey, about 30% of applicants for Non-Molestation Orders reported feeling reassured by the proactive contact from domestic abuse teams upon receipt of their orders.
• Duration of orders: The average duration of a Non-Molestation Order is typically between 3 to 12 months, although in more serious cases, these orders can be made indefinite.

The Impact of a Non-Molestation Order on Employment

A Non-Molestation Order in itself may not directly affect your employment if it does not appear on a DBS check, particularly for Basic or Standard checks. However, for jobs requiring Enhanced DBS checks, relevant information related to the Non-Molestation Order, such as police reports or the circumstances surrounding the order, may be disclosed if deemed important for the role.

For example, if the job involves working with vulnerable individuals or in roles of trust, any history of domestic abuse allegations or breaches of such orders could raise concerns about the applicant’s suitability for the role. Employers, especially in sensitive sectors, may take these factors into account when making hiring decisions.

The Legal Consequences of Breaching a Non-Molestation Order

Breaching a Non-Molestation Order is a serious criminal offence. The penalties for breaching the order can include:

• Arrest: Police have the power to arrest someone suspected of breaching a Non-Molestation Order without a warrant.
• Fines: The offender may face financial penalties based on the severity of the breach.
• Imprisonment: For more serious breaches, the offender could face up to 5 years in prison.
• Criminal Record: A conviction for breaching the order results in a criminal record, which will appear on all types of DBS checks and may impact future employment opportunities.

Public Perception of Non-Molestation Orders and Protection

Despite the growing number of Non-Molestation Orders, some surveys suggest mixed feelings about their effectiveness:

• A 2010 DEFRA survey found that 88% of respondents believed that breed-specific legislation in the UK was not effective in protecting the public from dangerous dogs. Although this refers to dog-related legislation, similar concerns have been expressed regarding the practical enforcement and protection provided by Non-Molestation Orders.

Conclusion: Do Non-Molestation Orders Show Up on a DBS Check?

In summary, a Non-Molestation Order is a civil matter and will not appear on a Basic or Standard DBS check unless it has been breached and a criminal conviction has been recorded. However, Enhanced DBS checks may disclose police information related to the circumstances of the Non-Molestation Order if it is considered relevant to the job being applied for.

For individuals subject to Non-Molestation Orders, understanding the implications of these orders on employment is crucial, especially for roles requiring Enhanced DBS checks. Breaches of Non-Molestation Orders will appear on all levels of DBS checks and may significantly impact future job prospects.

The rising number of Non-Molestation Orders and breaches highlights the importance of these protective measures in safeguarding victims of domestic abuse, but it also underscores the need for individuals to be aware of the potential legal and employment-related consequences of breaching such orders.

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