An Enhanced DBS check can only be requested if the applicant’s role meets specific eligibility requirements set by the Disclosure and Barring Service (DBS).
Depending on the type of work and the level of contact the applicant will have with children, the check may also need to include a Children’s Barred List check.
In some cases, the DBS may carry out spot checks and ask organisations to explain why an applicant is eligible for the level of DBS check requested. As the Umbrella Body, we may also ask you to confirm that the role meets the correct eligibility criteria before the application is submitted.
If the DBS determines that an application has been submitted for a role that does not meet the eligibility requirements, the application will be rejected with no refund.
Child Workforce Legislative Wording
Please review the legislative wording carefully.
If an applicant’s role matches any of the legislative descriptions numbered 1 to 7, but does not match any of the descriptions numbered 8 to 25, a Children’s Barred List check cannot be requested.
If the applicant’s role matches any of the legislative descriptions numbered 8 to 25, the Enhanced DBS check must include a Children’s Barred List check.
The table below outlines the different criteria that can make a role eligible for an Enhanced DBS check within the Child Workforce.
If the role requires a Children’s Barred List check, you should be able to identify the relevant criteria in the table that follows.
Please Note: If working with vulnerable adults, you will also need to check the Vulnerable Adult Eligibility
Working With Children – Not Eligible For Barred List Check
| Legislative Wording |
Eligibility Description |
| 1 |
Individuals who carry out work which would have been regulated activity with children before changes were made to the definition in September 2012.
|
| 2 |
Individuals who carry out regulated activity (teaching, supervising etc.) with children where the work is done infrequently (more than once, but less than 3 times in a 30 day period). This also applies to roles that involve work which would have been regulated activity with children before changes were made to the definition in September 2012.
|
| 3 |
Individuals applying as part of registration as a childminder agency, managing a childminder agency, or working for a childminder agency in a quality assurance role visiting day care or childminding premises.
|
| 4 |
Individuals applying to register as a social care worker. This is a registration requirement only and does not relate to activities covered by the definition of regulated activity with children.
|
| 5 |
Individuals applying to work in a Further Education college or 16-19 Academy where their work brings them into regular contact with students aged under 18. “Regular” should be interpreted by each organisation in line with the dictionary definition.
|
| 6 |
Individuals aged over 16 living in a household where another person has been or is being assessed to carry out work which would have been regulated activity with children before the 2012 definition changes, or to work in a Further Education college or 16–19 Academy, and both live on the premises where that work will take place.
|
| 7 |
Individuals applying as part of registration to manage any type of agency or accommodation relating to the welfare of children.
|
Working With Children – Eligible For Barred List Check
If you require a Children Barred List check to be requested with Enhanced DBS, their role must involve one or more of the Legislative Wording descriptions below. If the role does not involve any of the below, the Barred List check cannot be requested under any circumstances.
| Legislative Wording |
Enhanced DBS Check With Children Barred List – Regulated Activity |
| 8 |
Individuals who carry out regulated activity with children. |
| 9 |
Individuals who provide teaching, training or instruction to children on more than 3 days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children, except where:
– the recruiting organisation decides the individual is sufficiently supervised in line with DfE statutory guidance and they are not a paid member of staff in a specified establishment; or
– this is provided and designed for adults, so the presence of a child is unexpected, i.e. an adult attends a night class and brings their child with them; or
– these activities are being provided to 16 and 17-year-olds in work (including voluntary work)
|
| 10 |
Individuals who provide care for or supervision of children on more than 3 days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children, except where:
– the recruiting organisation decides the individual is sufficiently supervised in line with DfE statutory guidance and they are not a paid member of staff in a specified establishment; or
– this is provided and designed for adults, so the presence of a child is unexpected; or
– these activities are being provided to 16 and 17-year-olds in work (including voluntary work)
|
| 11 |
Individuals who provide advice or guidance wholly or mainly to children and this specifically relates to their emotional, educational or physical well-being on more than 3 days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children, except where:
– these activities are being provided to 16 and 17-year-olds in work (including voluntary work)
|
| 12 |
Individuals who monitor the content of internet-based services aimed wholly or mainly for use by children on more than 3 days in a 30 – day period. They must also:
– be able to access and remove content or prevent it from being published
– control who uses the service
– have contact with the children using the service
|
| 13 |
Individuals who are provided by a third party to drive children and any adult supervising or caring for them on more than 3 days in a 30 day period.
|
| 14 |
Individuals who provide health care to children, either as a health care professional or under the direction or supervision of a healthcare professional. This includes providing psychotherapy and counselling and also covers first-aiders where they provide this through an organisation set up specifically for the purposes of providing first aid, e.g. St John’s Ambulance and community first responders. This only has to be done once.
|
| 15 |
Individuals who provide personal care to children which involves:
– physically assisting a child, prompting and then supervising a child or training, instructing or providing advice or guidance to a child on eating or drinking and this is done because of their illness or disability
– physically assisting a child, prompting and then supervising a child or training, instructing or providing advice or guidance to a child with going to the toilet, washing, bathing or dressing and this is done because of their age, illness or disability
|
| 16 |
Individuals working in any of the places listed in the Safeguarding Vulnerable Groups Act 2006 as specified establishments who:
– work there for more than 3 days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children; and
– have the opportunity, because of their job, to have contact with the children in the establishment; and
– work there for the purpose of the establishment; and
– are not temporary or occasional workers; and
– are not a supervised volunteer.
|
| 17 |
Individuals listed in the Safeguarding Vulnerable Groups Act 2006 as specified positions in Wales carrying out the functions of the Children’s Commissioner for Wales or the Deputy Children’s Commissioner for Wales.
|
| 18 |
Individuals listed in the Safeguarding Vulnerable Groups Act 2006 as specified positions in Wales where they also have the opportunity for contact with the children because of what they’re doing and are carrying out inspection or regulatory functions relating to children’s services, schools, childminding, fostering, adoption agencies and other services connected to the welfare of children.
|
| 19 |
Individuals applying to register as prospective childminders or childcare providers.
|
| 20 |
Individuals who undertake the regular day to day management or supervision of individuals carrying out regulated activity with children or who would have been carrying out regulated activity with children except that they are supervised in line with the Department for Education statutory supervision guidance.
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| 21 |
Individuals applying to be a foster carer or a private foster carer.
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| 22 |
Individuals who carry out work which would have been regulated activity with children before changes were made to the definition in September 2012.
|
| 23 |
Individuals who carry out regulated activity with children where the work is done infrequently (but more than once). This also applies to roles that involve work which would have been regulated activity with children before changes were made to the definition in September 2012.
|
| 24 |
Individuals applying as part of registration as a childminder agency, managing a childminder agency or working for a childminder agency in a quality assurance role visiting day care or childminding premises.
|
| 25 |
Individuals applying to register as a social care worker – this is a registration requirement only and does not relate to activities covered by the definition of regulated activity with children.
|
Does Your Role Not Match The Wording?
It’s possible that your applicant is not eligible for the level of check you’re applying for. If the application is already with the DBS, it will be rejected without refund.
If you haven’t applied yet, consider instead requesting a Basic DBS check. There is a chance that the application may fall under “Adult Workforce” or “Other Workforce”.
You can use the guides below to work out whether the role is an Other Workforce role, and also to see whether the application is a Children’s Workforce role.
