It’s only possible to apply for an Enhanced DBS check if the applicant’s role meets a strict set of eligibility requirements. Depending on the level of contact the applicant will have with Vulnerable Adults, they may also require an Adult’s Barred List check.
Sometimes, the DBS conducts spot-checks and asks employers to explain why their applicant is eligible for the level of check that has been requested, or we (the Umbrella Body) might ask you to make sure your applicant is definitely eligible. In both of these cases, you’ll find this guide useful.
If the DBS determines that an ineligible application has been forwarded to them, they’ll reject it outright, with no refund. That’s why we always double-check if our Countersignatories spot a potential eligibility error.
Adult Workforce Legislative Wording
Please read the below wording carefully. If an applicants’ role can be matched against any Legislative Wording between 1 and 5, but not any between 6 and 16, they cannot have a Barred List check requested.
If the applicants’ role can be matched against any Legislative Wording between 6 and 16, it will require the Adult Barred List check.
Adult Workforce, No Barred List Wording
The table below shows the different criteria an applicant can meet to be eligible for an Enhanced DBS Check (Adult workforce).
If your applicant needs an Adult’s Barred List check with their Enhanced DBS, you should be able to find their role on the table after this one.
| ENHANCED level DBS certificate ONLY | Legislative Wording |
|---|---|
| Individuals who work in a high security psychiatric hospital. | Legislative Wording 1 |
| Individuals who carry out activities with adults that are specifically defined as work with adults. | Legislative Wording 2 |
| Individuals who manage, on a day-to-day basis, anyone who carries out activities with adults that are specifically defined as work with adults. | Legislative Wording 3 |
| Individuals whose role relates to a Care Quality Commission inspection function where the inspector has the opportunity for contact with adults in circumstances that are specifically defined as work with adults. | Legislative Wording 4 |
| Applications to assess: – Certain individuals who work for a local authority where their roles relate to carrying out social services functions for adults in circumstances that are specifically defined as work with adults. – Chief executives of any local authority that has social services functions. – Directors of adult social services in England and Wales. – Any charity trustee where the charity workers regularly carry out activities with adults that are specifically defined as work with adults. – Any person who needs to be registered under the Health and Social Care Act 2008. | Legislative Wording 5 |
Enhanced DBS Check With Adults’ Barred List
If the applicant requires an Adults’ Barred List check to go with their Enhanced DBS, their role must involve one or more of the Legislative Wording descriptions below:
| Description | Legislative Wording |
|---|---|
| Individuals who carry out regulated activity with adults. Regulated activity is work that a barred person must not do. Regulated activity with adults does not include any activity carried out in the course of family relationships or personal, non-commercial relationships. The activities below only need to be carried out once to be in regulated activity with adults: | Legislative Wording 6 |
| Individuals who provide health care to adults, either as a health care professional or under the direction or supervision of a health care 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. | Legislative Wording 7 |
| Individuals who provide personal care to adults. This includes physically assisting adults, prompting and then supervising adults, or training, instructing or providing advice or guidance to adults on eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails and this is done because of the adult’s age, illness or disability. | Legislative Wording 8 |
| Individuals who are regulated social workers providing social work to adults who are clients or potential clients. This includes assessing or reviewing the need for health or social care services, and providing ongoing support to clients. | Legislative Wording 9 |
| Individuals who provide day to day help to adults with running their homes because their age, illness or disability means they need this help, and where it includes at least one of the following: – Managing their cash – Paying their bills, or – Doing their shopping | Legislative Wording 10 |
| Individuals who provide assistance to adults in conducting their own affairs under any of the following arrangements: – Lasting power of attorney under the Mental Capacity Act 2005 – Enduring power of attorney within the meaning of the Mental Capacity Act 2005 – Being appointed as the adult’s deputy under the Mental Capacity Act 2005 – Being an Independent Mental Health Advocate – Being an Independent Mental Capacity Advocate – Providing independent advocacy services under the National Health Service Act 2006 or National Health Service (Wales) Act 2006 – Receiving payments on behalf of that person under the Social Security Administration Act 1992 | Legislative Wording 11 |
| Individuals who convey adults to or from anywhere they would be receiving health care, personal care or social work. This includes drivers and assistants (except taxi drivers and private hire drivers), hospital porters, patient transport service drivers and assistants, ambulance technicians and emergency care assistants. | Legislative Wording 12 |
| Individuals who provide activities prescribed in other pieces of legislation that are connected to providing health care or personal care to adults but not covered by Legislative wording 7 & 8. | Legislative Wording 13 |
| Individuals who manage or supervise anyone on a day-to-day basis who carries out regulated activity with adults. | Legislative Wording 14 |
| Individuals carrying out inspection functions in Wales. This is where there is the opportunity for contact with adults receiving the services and the inspections relate to social services, care, treatment or therapy provided by the following: – Welsh agencies required to be registered under section 11 of the Care Standards Act 2000, i.e. independent medical agencies, domiciliary care agencies, fostering agencies, nurses agencies and voluntary adoption agencies – Individuals in Wales required to register under Part 2 of the Care Standards Act 2000, i.e. running or managing children’s homes, independent hospitals, independent clinics, care homes and residential family centres – Welsh NHS bodies – Anyone, other than a local authority, providing Welsh local authority social services | Legislative Wording 15 |
| The Commissioner for older people in Wales or the deputy Commissioner for older people in Wales | Legislative Wording 16 |
Can’t find the right 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 or Standard DBS check. There is a chance that the application may fall under “Other Workforce”, however very few applications meet these requirements.
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.
– Other Workforce
– Children’s Workforce
Extra Info on Legislative Wordings for Adult Workforce
These tables were sourced from the DBS’s official guide, which can be accessed in full at the link below, for a bit of extra legal detail.
We’ve also linked the Department of Health’s guide to Regulated Activity. This is a longer read, but is a helpful resource for determining whether your applicant is eligible for an Adults’ Barred List check. We highly recommend taking the time to read this if you’re struggling with the Legislative Wordings for an Adult workforce check.
●︎ Guide To Adult Workforce Roles For Registered Bodies And Employers
●︎ Department of Health guide to Regulated Activity
Forward this page!