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Eligibility

Eligibility to Access the DBS Service

The ability for an employer, voluntary organization, or licensing organization to request an individual to apply for a Disclosure and Barring Service (DBS) check, either at the Standard or Enhanced level, is governed by legislation.

Eligibility is determined by the specific nature of the duties associated with the position. To qualify for a DBS check, the position must meet the following criteria:

1. Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 – This entitles the position to a Standard level check.

2. Prescribed in The Police Act 1997 (Criminal Records) Regulations – This entitles the position to an Enhanced level check.

Moreover, eligibility may extend to roles involving the regular care, training, supervision, or sole responsibility for individuals under 18 and/or vulnerable adults, as defined in section 59 of the Safeguarding Vulnerable Groups Act 2006. Additionally, eligibility may apply if the role falls under Regulated Activity.

Please note that the definition of Regulated Activity has undergone amendments. Since September 10, 2012, only those falling within Regulated Activity can have an Enhanced check with the barred lists. If a role does not fit within the new definition but aligns with the old definition, an Enhanced check can still be requested without the barred lists. For information on the pre-September 2012 definition of Regulated Activity, kindly visit this link.

New regulations regarding children

From September 10, 2012, regulated activity pertaining to children refers to work that is prohibited for barred individuals. The complete and legally defined scope of regulated activity can be found in Schedule 4 of the Safeguarding Vulnerable Groups (SVG) Act 2006, as amended, particularly by Section 64 of the Protection of Freedoms Act 2012. For the detailed legislation, please visit this link.

1. Regulated Activity in Relation to Children – Activities

(i) Unsupervised activities involving children, such as teaching, training, instructing, caring for, or supervising them. This also includes providing advice or guidance on their well-being or driving a vehicle exclusively for children.

(ii) Work within specific establishments (“specified places”) that allows opportunities for contact with children. Examples of such places include schools, children’s homes, and childcare premises. Note that this does not apply to work performed by supervised volunteers.

(iii) Relevant personal care, such as assisting with washing or dressing, or providing healthcare under the supervision of a professional. This category encompasses regulated health care professionals and individuals acting under their direction, such as doctors, nurses, health care assistants, and physiotherapists.

(iv) Registered child minding and foster-care activities.

(v) Moderating a public electronic interactive communication service that is likely to be used predominantly by children. This applies to individuals who engage in such moderation frequently (at least once a week) or on four or more days within a 30-day period.

Please ensure compliance with the new definition while engaging in activities involving children to promote their safety and well-being.

2. Regulated Activity in Relation to Children – Establishments

An activity is considered regulated activity in relation to children if it is carried out (with exceptions) within any of the following establishments:

(a) Schools, including Academies, primarily catering to full-time children.

(aa) Pupil referral units, not included in the aforementioned category.

(b) Nursery schools.

(d) & (e) Children’s homes.

(f) Children’s centers in England.

(g) Childcare premises, encompassing nurseries and other childcare facilities.

Please note that engaging in regulated activities within these establishments must be done in accordance with relevant guidelines and regulations to ensure the safety and protection of children.

Activity rules

Regulated activity for children encompasses situations where:

The activity occurs frequently (at least once a week or more often) or on four or more days within a 30-day period.

The same individual is engaged in work for or associated with the establishment’s objectives.

The nature of the work provides the person with opportunities to interact with children.

Moreover, the day-to-day management or regular supervision of an individual involved in the aforementioned regulated activity (or an activity that would be classified as such if not adequately supervised) for children is also considered regulated activity for children. These criteria are crucial to ensuring the appropriate safeguarding and protection of children in various settings.

Exceptions for establishments – not regulated

Activity carried out by an individual contracted or volunteering to provide occasional or temporary services, excluding teaching, training, or supervision of children.
Volunteering under the day-to-day supervision of another person engaged in regulated activity.

Activity performed by a person in a group assisting or acting on behalf of, or under the direction of another person engaging in regulated activity.

Childcare premises serving as the home of a parent or guardian who provides childcare or child minding to at least one child.

For activities undertaken regularly in multiple establishments but infrequently in each one, each establishment is not considered a regulated activity provider in relation to that activity since they arrange the activity infrequently.

Supervision, in this context, refers to day-to-day oversight that is deemed reasonable under the given circumstances to ensure the protection of any children involved. The Department for Education has issued Statutory Guidance outlining the factors an organization should consider when determining whether an individual is adequately supervised for their role. For more details, please visit this website.

To qualify for an Enhanced DBS check with a check of the children’s barred lists, an individual must meet the following criteria:

Working in the SAME Specified Place regularly (at least once a week or on four or more days within a 30-day period).
Having the opportunity for contact with children or engaging in an UNSUPERVISED Specified Activity frequently (at least once a week or on four or more days within a 30-day period).
It is essential to clarify that the UNSUPERVISED Specified Activity does not require the person to be performing it with the SAME child or group of children.

Regulated Activity in relation to Adults from September 2012.

Changes from September 10, 2012

There are no specified places or establishments designated for adults under regulated activity.

The requirement to perform activities a specific number of times before being considered engaged in regulated activity no longer exists.

Undertaking a regulated activity even once is enough to be classified as being in regulated activity.

The definition of vulnerable adults in section 59 of the Safeguarding Vulnerable Groups Act 2006 has been repealed.

More general points

1. Regulated activity remains exclusive of any activity conducted within the context of family relationships or personal, non-commercial relationships.

A. Family relationships pertain to close family members, such as parents, siblings, and grandparents, as well as relationships between individuals residing in the same household who treat each other as family.

B. Personal, non-commercial relationships involve arrangements where either no monetary transactions occur, or if money is exchanged, it is not part of a commercial relationship. For instance, gifting a friend money for petrol after they have driven you to the hospital. Such arrangements are made between friends or family friends.

2. An adult is defined as an individual aged 18 years or over.

3. A person whose role involves the day-to-day management or supervision of any individual engaged in regulated activity is also considered to be in regulated activity.

New rules for regulated activity with adults

The new definition of regulated activity comprises six categories, encompassing individuals who provide:

Healthcare: Including regulated health care professionals or those operating under the direction or supervision of one, such as doctors, nurses, healthcare assistants, and physiotherapists.

Personal care: Involving assistance with tasks like washing and dressing, eating, drinking, toileting, or providing guidance to individuals in performing these activities.

Social work: Provision of social work services by a social care worker, specifically in connection with health services or social services.

Assistance with a person’s financial matters, bills, or shopping due to their age, illness, or disability.

Assistance with the management of an adult’s own affairs, which may include activities related to lasting or enduring powers of attorney or deputies appointed under the Mental Health Act.

Conveying: Transporting adults due to age, illness, or disability to, from, or between locations where they receive healthcare, personal care, or social work. This category excludes services provided by friends, family members, or taxi drivers.

The age test for meeting eligibility criteria will not have a fixed age limit. Instead, it is based on the individual’s ability to perform certain activities independently due to their age. For instance, if someone is no longer capable of managing tasks like shopping or getting to the doctors themselves because of their age, another person asked by a third party to assist them can be considered engaged in regulated activity.

To qualify for an Enhanced DBS check with a check of the adults barred lists, a person must be carrying out one of the six categories described above, but only once.

For further details on eligibility guidance, please refer to the link provided: https://www.homeoffice.gov.uk/publications/agencies-public-bodies/dbs/dbs-checking-service-guidance/eligibility-guidance?view=Standard&pubID=1089846.

For more comprehensive information regarding the changes to Regulated Activity from September 10, 2012, you can find additional details in the attached link: https://www.homeoffice.gov.uk/agencies-public-bodies/dbs/about-us1/what-we-do/before-the-dbs.