Amendments to eligibility for criminal record checks

The Home Office have recently made changes to existing legislation to provide a legal definition of ‘work with children’. These changes consolidate the existing prescribed purposes relating to working with children and bring them together into a single prescribed purpose called ‘work with children’ which enables eligibility for an Enhanced level DBS certificate. The changes mean that we are now able to legally define the ‘child workforce’ and we have amended our workforce guidance accordingly.

The new legislation (see the links below) seeks to provide more clarity, for example it includes a specific reference to special guardians, who although previously eligible for Enhanced checks courtesy of the role had not been previously named. As with a prospective adopter, this would also include any persons aged 18 years or over living in the same household as the special guardian.

A summary of the new prescribed purpose is provided below:

  • Activities that would have met the definition of regulated activity with children before the introduction of PoFA in Sept 2012
  • Activities that meet the definition of regulated activity with children
  • Adoptive parents, Special Guardians and any of their household members
  • Registration for child minding/day care and any household members
  • Registration under Part 3 of the Childcare Act 2006 and any household members
  • Foster carers, private foster carers and any household members
  • Household members of individuals who are in regulated activity with children or would have been in regulated activity with children before the introduction of PoFA in Sept 2012 and live on a school site; or are working and living in an FE institution or 16-19 Academy
  • Working in an FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children
  • Activities that would have been regulated activity with children before the introduction of PoFA in Sept 2012 if they met the period condition but are only carried out infrequently
  • Activities that would be regulated activity with children if they met the period condition but are only carried out infrequently
  • Registration under Part 2 (Establishments) and Part 4 (Social Care Workers) of the Care Standards Act 2000

Eligibility for accessing children’s barred list checks has not been affected by these changes.

To see an updated list of roles and activities covered under the new regulations please follow the link to the Child Workforce document. (workforce link to be included within DBS News article).

You should also be aware that the DBS eligibility guide has been updated to reflect this change. (link to amended eligibility guide to be included within DBS News article).

SI 2013/2669 – http://www.legislation.gov.uk/uksi/2013/2669/pdfs/uksi_20132669_en.pdf
SI 2014/955 – http://www.legislation.gov.uk/uksi/2014/955/pdfs/uksi_20140955_en.pdf