What Is The DBS Check Child Workforce?
A DBS Check application form includes a number of sections that applicants must fill in to the best of their ability. One of the requirements of a DBS application is to define the workforce type. The employer must fill this section in on behalf of the employee for a Standard and Enhanced DBS Check.
If the role being applied for involves working directly with children, then the employer must make sure that they select the ‘Child Workforce’ option on the form. If the role involves working with both children and vulnerable adults then they must select both the Child Workforce and Adult Workforce options.
The type of workforce selected will decide whether a check of the children’s barred list or adult’s barred list will be needed. Therefore, it is imperative that the employer chooses the correct option.
How to decide whether the role qualifies for the child workforce
The Disclosure and Barring Service (DBS) has written up guidance for employers to help them decide whether a role qualifies for the Child Workforce option.
The guidance states that any role that is classed as a regulated activity with children, or involves managing others who are in that position, will be considered as part of the child workforce. This includes people who are supervised within a role that would otherwise be considered as a regulated activity.
The DBS also includes some other specific roles within this category, including foster carers, adoptive parents, child minders, special guardians, and other people that take responsibility for a child in some way. Another situation that is classed as a child workforce role is those who come into close contact with children who are not directly in their care, such as residents of a household in which a fostered child or children live.
Child workforce legislation and regulation
The legislation that cover child workforces includes the following:
- Police Act 1997
- Safeguarding Vulnerable Groups Act 2006
- The Children Act 1989
- The Children Order 1995
- Protection of Freedoms Act 2012
- Childcare Act 2006
- Care Standards Act 2000
- Children and Families (Wales) Measure 2010
- Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
The Safeguarding Vulnerable Groups Act 2006 covers the definition of regulated activities with children. The answers to the following questions help to determine whether a role fits the definition of a regulated activity:
- Does the role take place in a limited range of establishments (e.g. school, college, or nursery)?
- Does the role involve provision of personal care to children?
- Is the role a childminding or foster carer position?
- Is unsupervised access to children a part of the role?
The DBS also sets out several other descriptions of work that may fit into the child workforce definition. The child workforce type may be applicable if the role:
- Would previously have been defined as a regulated activity before the Protection of Freedoms Act 2012 was introduced.
- Involves childminding or the person is a resident of a house in which childminding occurs.
- Is a foster carer, special guardian, or adoptive parent of a child, or they are a resident of a household where any of these roles take place.
- Takes place in a college or further education establishment for 16 to 19 year olds and involves possible contact with children who are younger than 18.
- Involves managing a childcare or childminding facility or any other location that cares for or supervises children.
- Involves inspecting childminding or childcare facilities and providing quality assurance.
- Is a social worker who comes into contact with children during their working hours.
- Involves living or residing in a household, working location, or educational premises at which a regulated activity occurs.
The rules surrounding the selection of the child workforce type on a DBS Check application form may seem confusing and complex. If you have any questions, one of our expert advisors can help. Get in touch today.