A Guide To Personal Care Arrangements and DBS Checks
A commonly asked query is about private arrangements and how DBS Checks work alongside them. Personal care arrangements could be with a friend or family member to look after their child.
As DBS Checks are a crucial part of a business’ safeguarding, people may wonder whether this applies for things that are not ‘official’ and are more personal in nature.
When is an Enhanced DBS Check suitable?
Enhanced DBS Checks, with a check of the barred persons list, are suitable if the personal care arrangement also happens to be an employment situation and the person or people participate in a regulated activity. An example of a regulated activity could be supervising/taking care of children or vulnerable adults, helping adults because of an illness, disability or their age. This includes helping with things like shopping, bills, cash, or personal care. It could also include the transportation of a child or vulnerable adult where social work, personal care or healthcare will be provided.
In order to be suitable for an Enhanced check, the person in the role must engage within any of the types of people listed above, as a part of their job.
An Enhanced DBS Check would only be necessary if the care is arranged through an organisation. This means that the personal care on offer would count as a regulated activity, as it is a commercial service. The organisation would need to submit an Enhanced DBS Check on the caregivers behalf.
If it is not through an organisation then an applicant could apply for a Basic DBS Check and except for being aged 16 or over, there is no other criteria to meet in order to obtain one. The Basic DBS Check only reveals any unspent convictions that the applicant may have.
What about personal care arrangements?
The guidance on regulated activity with adults from the government says that:
‘Regulated activity continues to exclude any activity carried out in the course of family relationships, and personal, non-commercial relationships:
- Family relationships involve close family (e.g. parents, siblings, grandparents) and relationships between two people who live in the same household and treat each other as family.
- Personal, non commercial relationships are arrangements where either no money changes hands, or any money that does change hands is not part of a commercial relationship (for example, gifting a friend money for petrol after they have driven you to the hospital), and the arrangement is made between friends or family friends.’
The guidance on regulated activity with children also says that:
‘Regulated activity still excludes family arrangements; and personal, non-commercial arrangements.’
So, this means that if the care is organised through a personal care arrangement and is done by a friend or family member, an Enhanced DBS Check is not required.
Personal care arrangements can refer to many things. In many cases, like the ones listed below, an Enhanced DBS Check would not be needed:
- Driving a friend to the hospital
- Asking a family member to babysit a child
- Asking somebody to pick up their child from school.
Summary of DBS Checks for personal care arrangements
If the care is being provided by a family member or friend, then no check is required to give care. Only employers can apply for an Enhanced Check on behalf of their staff.
The only situation that requires a DBS Check is when the personal care is provided under a commercial arrangement.
Get in touch with one of our expert advisors to find out more.
