DBS Checks
Providing Official DBS Checks since 2017

Eligibility

Who is eligible to access the DBS Service?

The ability for an employer, voluntary organisation, or licensing organisation to ask an individual to apply for a Disclosure and Barring Service (DBS) check, at either Standard or Enhanced level, is set out in legislation.

Eligibility is based upon the nature of the duties for the specific position. To be eligible for a DBS check a position must be:

  • Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 –this entitles the position to a Standard level check
  • Prescribed in The Police Act 1997 (Criminal Records) Regulations entitles the position to an Enhanced level check.

Eligibility can also exist if the role involves regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults (within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006). Furthermore, eligibility can exist if the role falls within Regulated Activity.

The definition of Regulated Activity has been amended. From the 10 September 2012 only those who fall within Regulated Activity can have an Enhanced check with the barred lists. If a role does not fall within the new definition but falls within the old definition then an Enhanced check can still be requested but without the barred lists. For information on the pre September 2012 definition of Regulated Activity please visit www.legislation.gov.uk/ukpga/2006/47/schedule/4

Regulated activity (Children) from 10 September 2012

Regulated activity is work that a barred person must not do. This note provides information on the scope of Regulated Activity in relation to children, defined in the Safeguarding Vulnerable Groups (SVG) Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, both as amended (in particular by, respectively, section 64 and Schedule 7, Protection of Freedoms Act 2012). This note is about the law in England and Wales, and in Northern Ireland.

  1. Regulated activity for children – Activities

    The new definition of regulated activity relating to children comprises, in summary

    • unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/ guidance on well-being, or drive a vehicle only for children;
    • work for a limited range of establishments (‘specified places’), with opportunity for contact: e.g. schools, children’s homes, childcare premises. Not work by supervised volunteers;

      • Work under (i) or (ii) is regulated activity only if done regularly.
      HM Government is publishing statutory guidance on supervision of activity that would be regulated activity if unsupervised.

    • relevant personal care, e.g. washing or dressing; or health care by or supervised by a professional;
    • registered childminding; and foster-carers.

  2. Regulated activity for children – Establishments

    An activity is regulated activity in relation to children if carried out (subject to exceptions below):

    • in one of the following establishments;

      1. schools (including Academies) (all or mainly full time, for children);
      2. pupil referral units (also known as Short Stay Schools) not falling within the above;
      3. nursery schools;
      4. institutions for the detention of children;
      5. children’s homes;
      6. children’s centres in England
      7. childcare premises (including nurseries).
    • frequently (once a week or more often), or on 4 or more days in a 30-day period;
    • by the same person, engaged in work for or in connection with the purposes of the establishment; and
    • it gives the person the opportunity, in their work, to have contact with children.

  3. Exceptions for establishments – Unregulated Activity

    1. Activity by a person contracted (or volunteering) to provide occasional or temporary services (not teaching, training or supervision of children).
    2. Volunteering, under day to day supervision of another person engaging in regulated activity.
    3. Activity by a person in a group assisting or acting on behalf of, or under direction of another person engaging in regulated activity.
    4. Childcare premises which are the home of a parent etc. of at least one child to whom the childcare or child minding is provided.
    5. For activity undertaken regularly in a number of different establishments, but only infrequently in each: each establishment is only arranging the activity infrequently, so each establishment is not a regulated activity provider in relation to that activity.

    Supervision means day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. The Department for Education have provided Statutory Guidance to describe the considerations an organisation should make when determining whether or not an individual is supervised to a reasonable level for the role. www.education.gov.uk/childrenandyoungpeople/safeguardingchildren/a00209802/disclosure-barringn.gov.uk/ukpga/2006/47/schedule/4

    To be eligible for an Enhanced DBS check with a check of the children’s barred lists a person needs to be working in the SAME Specified Place, Frequently (once a week or more often or on 4 days or more in a 30 day period) and they MUST have the opportunity for contact with children or carrying out an UNSUPERVISED Specified Activity Frequently (once a week or more often or on 4 days or more in a 30 day period).

    To clarify a person does not need to be carrying out an UNSUPERVISED Specified Activity with the SAME child or group of children.

Regulated Activity (Adults) from September 2012

The definition of regulated activity for adults from 10th September 2012 will identify the activities provided to any adult which, if any adult requires them, will mean that the adult will be considered vulnerable at that particular time. The SVGA will no longer label adults as ‘vulnerable’ because of the setting in which the activity is received, nor because of the personal characteristics or circumstances of the adult receiving the activities.

This means, for example, anyone providing personal care to an adult is in regulated activity irrespective of whether that occurs in, say, a hospital, a care home, a day care centre, a prison or in sheltered housing.

There is no longer a requirement for a person to carry out the activities a certain number of times before they are engaging in regulated activity. Any time a person engages in the activities set out below, they are engaging in regulated activity.

  1. General points

    1. Regulated activity continues to exclude any activity carried out in the course of family relationships, and personal, non-commercial relationships.

      • Family relationships involve close family (e.g. parents, siblings, grandparents) and relationships between two people who live in the same household and treat each other as family.
      • Personal, non commercial relationships are arrangements where either no money changes hands, or any money that does change hands is not part of a commercial relationship (for example, gifting a friend money for petrol after they have driven you to the hospital), and the arrangement is made between friends or family friends.

    2. An adult is a person aged 18 years or over.

    3. A person whose role includes the day to day management or supervision of any person who is engaging in regulated activity, is also in regulated activity.

  2. New definition of regulated activity

    There are six categories within the new definition of regulated activity.

    1. Providing Health Care

      If they are a regulated health care professional or are acting under the direction or supervision of one, for example doctors, nurses, healthcare assistants and physiotherapists.

    2. Providing Personal Care

      Assistance with washing and dressing, eating, drinking and toileting or teaching someone to do one of those tasks

    3. Providing Social Work

      Provision by a social care worker of social work which is required in connection with any health services or social services

    4. Assistance with general household matters

      Assistance with a person’s cash, bills or shopping because of their age, illness or disability

    5. Assistance in the conduct of a person’s own affairs

      Assistance with the conduct of an adult’s own affairs, for example, lasting or enduring powers of attorney, or deputies appointed under the Mental Health Act

    6. Conveying

      Conveying adults for reasons of age, illness or disability to, from or between places where they receive healthcare, personal care or social work. This would not include friends or family or taxi drivers