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 children, they may also require a Children’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.
Child Workforce Legislative Wording
Please read the below wording carefully. If an applicants’ role can be matched against any Legislative Wording between 1 and 7, but not any between 8 and 25, they cannot have a Barred List check requested.
If the applicants’ role can be matched against any Legislative Wording between 8 and 25, it will require the Children’s Barred List check.
The table below shows the different criteria an applicant can meet to be eligible for an Enhanced DBS Check (Children’s workforce).
If your applicant needs a Children’s Barred List check with their Enhanced DBS, you should be able to find their role on the table after this one.
Child Workforce, No Barred List Wording
| ENHANCED level DBS certificate ONLY | Legislative Wording |
|---|---|
| Individuals who carry out work which would have been regulated activity with children before changes were made to the definition in September 2012 | Legislative Wording 1 |
| 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 | Legislative Wording 2 |
| 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. | Legislative Wording 3 |
| 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 | Legislative Wording 4 |
| Individuals applying to work in a Further Education college or 16-19 Academy where the work they do brings them into regular* contact with students aged under 18 * regular should be applied by each organisation in line with the dictionary definition | Legislative Wording 5 |
| Individuals who are aged over 16 and living in a household where another person in the household has been or is being assessed to: – carry out work which would have been regulated activity with children before changes were made to the definition in September 2012; or – work in a Further Education college or 16-19 Academy and they both live on the premises where that work will take place | Legislative Wording 6 |
| Individuals applying as part of registration to manage any type of agency or accommodation relating to the welfare of children | Legislative Wording 7 |
Enhanced DBS Check With Children Barred List – Regulated Activity
If the applicant requires a Children Barred List check to go with their Enhanced DBS, their role must involve one or more of the Legislative Wording descriptions below:
| Enhanced DBS Check With Children Barred List – Regulated Activity | Legislative Wording |
|---|---|
| Individuals who carry out regulated activity with children. | Legislative Wording 8 |
| 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) | Legislative Wording 9 |
| 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) | Legislative Wording 10 |
| 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) | Legislative Wording 11 |
| 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 | Legislative Wording 12 |
| 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. | Legislative Wording 13 |
| 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. | Legislative Wording 14 |
| 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 This only needs to be done once. | Legislative Wording 15 |
| 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. These are individuals who are not providing teaching, training, instruction, care, supervision or advice and will mainly be carrying out ancillary functions, e.g. cleaners, catering, admin staff etc. | Legislative Wording 16 |
| . 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. – the Deputy Children’s Commissioner for Wales. | Legislative Wording 17 |
| 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: – functions of the Welsh Ministers to inspect registered establishments or agencies, an NHS body or anyone providing healthcare for the body. – functions relating to the inspection of childminding, or fostering agency, residential family centre, voluntary adoption agency, adoption support agency. – functions relating to the welfare of children in boarding schools. – functions relating to inspections of teacher training, local education authorities, registered independent school, boarding schools and colleges. – functions relating to a review or investigation of the functions of children’s services authorities. – functions relating to the inspection of careers services. – functions relating to the inspection of religious education. – functions relating to the inspection of the discharge of social services functions by local authorities. | Legislative Wording 18 |
| Individuals applying to register as prospective childminders or childcare providers. | Legislative Wording 19 |
| 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 Dept for Education (DfE) statutory supervision guidance. | Legislative Wording 20 |
| Individuals applying to be: – a foster carer – a private foster carer | Legislative Wording 21 |
Enhanced DBS Check With Children Barred List – Not Regulated Activity
| Enhanced DBS Check With Children Barred List – Not Regulated Activity | Legislative Wording |
|---|---|
| Individuals who carry out work which would have been regulated activity with children before changes were made to the definition in September 2012 | Legislative Wording 22 |
| 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 | Legislative Wording 23 |
| 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. | Legislative Wording 24 |
| 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 | Legislative Wording 25 |
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 these roles are limited.
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 Adult Workforce role.
– Other Workforce
– Adult Workforce
Extra Info on Legislative Wordings for Children 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 Children Workforce Roles For Registered Bodies And Employers
●︎ Department of Health guide to Regulated Activity
Forward this page!