Sarah: I've been meaning to ask about something. We're looking to expand our after-school club and I keep hearing about enhanced DBS checks. What exactly makes someone eligible for one? I thought anyone could just apply for any level of DBS check.
Jon: That's a really common misconception! You can't actually just apply for an enhanced DBS check for anyone. There are strict legal criteria that determine who's eligible. The role itself has to meet specific conditions set out in the Rehabilitation of Offenders Act 1974 and the Police Act 1997.
Sarah: Oh, I had no idea it was that regulated! So what are these specific conditions then?
Jon: Well, enhanced DBS checks are reserved for roles that involve working closely with children or vulnerable adults. The key word here is 'regulated activity'. If someone's working in regulated activity, they're eligible for an enhanced DBS check.
Sarah: Right, but what counts as regulated activity?
Jon: Good question! For children, regulated activity includes things like teaching, training, instructing, caring for, supervising, or providing advice and guidance on their well-being. It also covers roles that involve driving a vehicle solely for children. The crucial bit is frequency and intensity—if you're doing these activities frequently, intensively, or overnight, you're in regulated activity territory.
Sarah: So for our after-school club, where staff are supervising children regularly, they'd definitely be eligible?
Jon: Absolutely! After-school club staff are a textbook example. They're supervising children frequently—that's regulated activity. Same goes for sports coaches, tutors who work with children regularly, teaching assistants, childminders, and youth workers.
Sarah: What about someone who just helps out occasionally? Like a parent volunteer who comes in once a month?
Jon: That's where it gets interesting. Occasional volunteers who aren't in regulated activity wouldn't be eligible for an enhanced DBS check. However, if they're supervised by someone who has been checked, that's usually acceptable. But if they're unsupervised and working with children frequently, they'd need to be in regulated activity and therefore eligible for the enhanced check.
Sarah: Makes sense. You mentioned vulnerable adults too. How does that work?
Jon: Similar principle! Regulated activity with adults includes providing personal care—like washing, dressing, or helping with eating—or health care by a health professional. It also covers social work, assistance with cash or bills, and conveying adults to or from places where they receive care. Basically, if you're in a position of trust with vulnerable adults, you're likely eligible for an enhanced check.
Sarah: So care home workers, support workers, those kinds of roles?
Jon: Exactly! Also healthcare professionals, social workers, home care assistants, and anyone working in adult day care centres. The enhanced DBS check helps protect vulnerable people by ensuring those in positions of trust have been thoroughly vetted.
Sarah: I've heard there's something called an the barred list check as well. Is that different?
Jon: Yes! That's the highest level of check. An enhanced DBS check shows spent and unspent convictions, cautions, reprimands, and warnings, plus any relevant information held by local police. But an enhanced with barred list check also checks whether the person is on the DBS Children's Barred List or Adults' Barred List. If someone's in regulated activity, you must check the relevant barred list—it's a legal requirement.
Sarah: So for our after-school club staff, we'd need enhanced with barred list checks?
Jon: Correct! Because they're working in regulated activity with children, you're legally required to check the Children's Barred List. It's actually a criminal offence to employ someone in regulated activity who's on the barred list, or for that person to work in such a role.
Sarah: Wow, I didn't realise it was that serious. What about roles that aren't quite regulated activity but still involve some contact with children or vulnerable adults?
Jon: There's a middle ground. Some roles might be eligible for an enhanced DBS check without barred list checks. For example, certain positions in further education, roles with regular contact with children but not in regulated activity, or positions where the employer has a legal obligation to check someone's suitability. These might get an enhanced check but not necessarily include the barred list.
Sarah: That's helpful to know. So how do we actually determine if a specific role qualifies?
Jon: The DBS has published guidance documents that outline eligible positions. You need to assess whether the role involves regulated activity, whether it has regular contact with children or vulnerable adults, and whether there's a legal requirement for checking. If you're unsure, it's always worth checking with the DBS directly or using their eligibility tool online.
Sarah: Is there anyone who can't get an enhanced DBS check, even if they want one?
Jon: Yes! If the role doesn't meet the eligibility criteria, you simply can't apply for an enhanced check. For instance, if you're hiring an office administrator who has no contact with children or vulnerable adults, they wouldn't be eligible for an enhanced check. They might only qualify for a basic DBS check, which shows unspent convictions and conditional cautions.
Sarah: So it's really about the role, not the person?
Jon: Yes, which is, arguably, odd if the person is willing to do a more detailed check because more safety is better right? But those are the rules, to protect peoples data where it isn't required. So the eligibility is determined by the nature of the work, not by who's applying. That's why it's so important to properly assess each role before requesting a DBS check. Applying for the wrong level of check can cause delays and complications.
Sarah: What happens if we get it wrong and apply for an enhanced check when someone isn't eligible?
Jon: The DBS will reject the application. You'll have wasted time and potentially the application fee. Plus, it can delay your recruitment process significantly. That's why getting it right from the start is crucial.
Sarah: This is really helpful. So just to recap—enhanced DBS checks are for roles involving regulated activity with children or vulnerable adults, and if it's regulated activity, we must also check the relevant barred list?
Jon: Perfect summary! And remember, regulated activity typically means frequent, intensive, or overnight contact. For your after-school club, all staff working directly with children in a supervisory capacity would need enhanced DBS checks with Children's Barred List checks.
Sarah: Brilliant. One last question—how do we actually manage all these checks efficiently? It sounds like quite a lot of paperwork and tracking.
Jon: That's where digital solutions come in handy! Platforms like ours can help you manage the entire vetting process digitally. You can track DBS checks, renewal dates, and all other safeguarding documentation in one secure place. It takes the headache out of compliance and ensures nothing falls through the cracks.
Sarah: That sounds like exactly what we need! Thanks so much for explaining everything. I feel much more confident about getting the right checks in place now.
Jon: No problem at all! Getting safeguarding right is so important, and understanding DBS eligibility is a big part of that. Good luck with expanding your after-school club!
Sarah: Thanks! I'm sure we'll get it sorted now.
Key Takeaways
Enhanced DBS checks are role-specific – eligibility is determined by the nature of the work, not the individual
Regulated activity is the key criterion – roles involving frequent, intensive, or overnight work with children or vulnerable adults qualify
Barred list checks are mandatory for regulated activity – it's a legal requirement and a criminal offence to employ someone on the barred list in such roles
Different levels exist – enhanced checks can be with or without barred list checks, depending on the role
Proper assessment is crucial – applying for the wrong level of check causes delays and complications
Digital solutions help – platforms like Safeguard-Me streamline the vetting process and ensure compliance
Understanding who is eligible for an enhanced DBS check is essential for any organisation working with children or vulnerable adults. By ensuring you request the correct level of check for each role, you protect those in your care whilst maintaining efficient recruitment processes.