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How do I determine eligibility?

Modified on Tue, 23 Jan, 2024 at 1:05 PM

Determining the correct eligibility for a DBS check can be tricky, however, for the majority of positions there are some straightforward ways to try to quickly determine their eligibility. Here we will look at some of those and how they can be applied to the relevant vulnerable groups. 


Who is the applicant working with? 

In most circumstances, DBS checks are not for simply working with the general public, otherwise every checkout worker and member of bar staff nationwide would need to be checked. 

Applicants will need to be working specifically with vulnerable groups to be eligible, those being children, and adults considered vulnerable due to age, illness or disability 


What are they doing? 

If applicants are teaching/training/instructing/caring for or supervising children, as well as driving a vehicle solely for children then they would be engaging in regulated activity and eligible for an enhanced DBS check. 


However, if they are not carrying out any of these activities, then their eligibility for a DBS can be based on their place of work.  


For working with vulnerable adults, the applicant must be in 'Regulated Activity' with the vulnerable adults to be eligible for a check of the adults barred list. For more information about working with vulnerable adults, please see this article. (link to DBS checks for working with Adults). 


Where are they working? 

When determining if an applicant is eligible for a DBS check when working with children, an important consideration is their place of work. 


Individuals will be eligible for a DBS check if they work for a limited range of establishments frequently, and with the opportunity for contact with children. But what are the limited range of establishments? And how do they affect the level of check required? 


Limited range of establishments: what are they? 

Limited range of establishments are otherwise known as ‘specified places’. They are institutions set out in legislation which mean that any individual working there, and meeting the required frequency of work, will be eligible for an enhanced DBS check. 

Such specified places include, but are not limited to: 

  • Schools 
  • Nurseries 
  • Children’s homes 
  • Childcare premises 


You can find a full list available from the Department for Education guidance available here on page eight. 


There are no establishments for adults which are deemed to be limited ranges of establishments. However, employees at the following establishments can be eligible for a DBS Check because of their frequent access to people receiving care: 

  • Care homes 
  • Hospitals 
  • Medical centres 


What is the frequency of work that needs to be met? 

For those individuals who are working for any of these limited range of establishments they would need to be meeting one of the following frequencies to entitle them to a check: 

  • Once a week or more often, or on 3 or more days in a 30-day period 
  • Overnight (2am-6am), with the opportunity for face to face contact with children. 


Consequently, anyone working for a school full time, or part time, such as half days, would be eligible for an enhanced DBS disclosure with a children’s barred list check as they would be meeting this frequency. This could include those working in administration, or financial roles within a school, or nursery. 


If an individual was working for one of these limited range of establishments on a contractual basis, such as an engineer, or school photographer, then it would only be if they were working in these specified places regularly, e.g. meeting this frequency that they would be eligible for an enhanced check. 


It is important to note that the frequency applies to all limited range of establishments, meaning that a contractor would satisfy the frequency by working in a nursery for two days and a different school for another two. 


Confirm the level of check 

When determining who to request DBS checks for, and how often they should be requested, it is always important to consult with any regulatory body an organisation has. 


For schools, nurseries, and childcare providers who are requesting DBS checks, we would always recommend confirming with Ofsted on their policies to ensure checks are being requested in accordance with their guidelines. 


For companies who will be carrying out work for any of these limited range of establishments, we would recommend contacting the institution in question to confirm that the level of checks being requested will be accepted.  

 

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