What check can I have if I am working with children?

First things first, children are people who have not yet reached the aged of 18 years, unless the

activity solely related to their employment.

If you work for an organisation who works with children, you’ve probably come across the phrase

‘working with children in regulated activity’, but is regulated activity with children?

The term ‘Regulated activity’ is a classification used to ascertain what level of check of DBS check

employees or volunteers should have. Regulated activity is work a barred person must not do.

If the role involves working in regulated activity with children, an Enhanced level of check together

with the children’s barred list must be requested for the applicant.

What’s the Children’s Barred List

The Children’s Barred List is a list maintained by the Disclosure and Barring Service (DBS) that includes

individuals who are legally prohibited from working with children. If someone is on this list, they are

barred from engaging in regulated activity with children, meaning they cannot work in roles that

involve close, unsupervised contact with children.

Employers conducting an Enhanced DBS Check with a Children’s Barred List check can find out if

an applicant is on this list. It is a criminal offense for an employer to knowingly hire someone in a

regulated role if they are barred.

Regulated activity with children that only needs to be performed once are:

• Healthcare

• Personal

• Social work

• Foster Carer

• Childminder

• Childcare Provider

• Day-to-Day management of anyone in regulated activity

Examples of roles:

• Doctor

• Nurse

• Dentist

• Social Worker

• Foster Carer

• Counsellor

• Therapist

• Chaperone

Regulated activity where a frequency must be met are:

• Teaching, training, instructing, mentoring, coaching, care for, or supervision

• Advice and guidance about educational, emotional, or physical wellbeing

• Moderating a web service

• Driving a vehicle for children

Example of roles:

• Teacher

• Mentor

• Driver

• Online Forum Moderator

• Coach

There are some exceptions to the above activities mentioned. People would not be considered to be

in regulated activity if the below apply:

• Family arrangements or personal, non-commercial arrangements. For example, if a person looks

after a friend’s child it would be classed as a domestic affair

• Incidental contact with children, meaning the presence of children is not foreseen, and the

activity isn’t being provided to children directly

There are establishments which would mean someone is in regulated activity with children, regardless

of if they are working directly with children. These are known as Specified Establishments.

• an educational institution exclusively or mainly for the provision or full-time education of children

• a pupil referral unit

• an alternative provision Academy (England only)

• a provider of nursery education

• a detention centre for children

• a secure accommodation service for children (Wales only)

• a children’s home or a home provided under the Children Act 1989

• a care home wholly or mainly for children, in Wales only

• a children’s centre

• relevant childcare premises

If anyone is working in ones of the listed places and are meeting all of the 5 of the following, they

would be considered to be in regulated activity and can request the Children’s Barred List on

applications.

• They work in the establishments on more than 3 days in a 30-day period, or once overnight

between 2am and 6am with the opportunity for face-to-face contact with the children

• They have the opportunity, because of their job, to have contact with the children in the

establishment

• They work there for the purpose of the establishment

• It is not temporary or occasional work

• It is not a supervised volunteer role