Under the terms of the Protection of Freedoms Act 2012 only employees who regularly have unsupervised contact with children (that is, under 18s) who are undertaking a regulated activity are required to have a DBS check. Regulated activities are teaching, training, instructing, caring for, supervising, providing advice and guidance on well-being, and driving a vehicle only for children.
Before an employer considers asking a person to make an application for a DBS check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.
The Home Office provides guidance for employers about which professions, offices, employments, work and occupations are exceptions to the Rehabilitation of Offenders Act 1974, and therefore subject to DBS checks.
Eligibility criteria relevant to educational provision
In short, anyone who is undertaking any work which is defined as ‘regulated activity’ must have a DBS check and be subject to a check against the barred list.
All staff who are on school payrolls remain in regulated activity including cleaners and caretakers. Any member of staff who needs a DBS check ought to have some basic level training in safeguarding issues and how to respond. If they need a DBS, they must have access to children, which means they may become aware of something they ought to report.
For more information see: