When submitting a DBS application an employer is required to complete the workforce type. If the applicants’ job involves working with children they must select Child Workforce (or Child and Adult Workforce if they are working with Vulnerable Adults as well). The workforce type selected will impact the barred list checks and therefore it is important to select the correct one.
The DBS set out guidelines stating that Child Workforce applies to anyone working in relation to children. Therefore anyone who works in regulated activity with children, or manages those who do, must select Child Workforce. Equally those who would be working in regulated activity, except that they are supervised, would also be eligible. The DBS also stipulate that checks must be carried out on those involved in fostering, child minding, adoption or special guardianship despite perhaps not being ultimately responsible for the child. An example of this would a member of the household where a fostered child will live.
Many pieces of legislation affect the DBS in terms of eligibility and workforce type, these include:
- The Safeguarding Vulnerable Groups Act 2006
- Protection of Freedoms Act 2012
- The Children Act 1989
- The Children Order 1995
- Care Standards Act 2000
- Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
- Police Act 1997
- Childcare Act 2006
- Children and Families (Wales) Measure 2010
Regulated activity with children is determined primarily by the Safeguarding Vulnerable Groups Act 2006. It is possible to determine if it is applicable to job role by considering these key points:
- Does the applicant work in a limited range of establishments? (specified places e.g. a school or nursery)
- Is there a possibility of unsupervised access to children?
- Are they providing personal care?
- Are they child minding/ a foster carer/ a host family?
In addition to regulated activity, the DBS remain the right to criminally asses those who fit the following descriptions:
- Their work would have been considered regulated activity prior to the introduction of the Protection of Freedoms Act 2012.
- They are child minding or a member of the household where child minding is taking place.
- They are being considered as a foster carer/ special guardian/adoptive parent or live in the household of someone who is.
- They are working in a further education college (16-19) and have the possibility for contact with children under 18.
- Anyone who is living on the premises of an educational institution or premises where regulated activity takes place.
- Someone inspecting day care or child-minding facilities in a quality assurance capacity.
- Anyone involved in managing a child minding agency or any type of premises relating specifically to the accommodation or welfare of children.
- Someone registering as a social care worker.
All of the above roles outlined, including those which regulated activity apply to, need to select Child Workforce when submitting a DBS check.
Be sure to get in touch with us if you have any further questions. You can apply for a number of DBS Checks through our simple online platform – most checks are completed within 48 hours. Get started now.