Update on Enhanced Disclosure DBS check requirements for artists
In September 2012 the government issued a new definition of what is deemed ‘regulated activity with children’. Most school or educational settings will require anyone who undertakes regulated activity with children to have an Enhanced Disclosure with barred list check (formerly CRB checks, now DBS checks).
The new definition of regulated activity relating to children relates both to what activity you are doing and also how often you are doing it:
(i) Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children;
(ii) Work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. Not work by supervised volunteers
Work defined above is only regulated activity if done regularly i.e. carried out by the same person frequently (once a week or more often), or on 4 or more days within a 30-day period, or overnight.
Also, for activity undertaken regularly in a number of different establishments, but only infrequently in each: each establishment is only arranging the activity infrequently, so each establishment is not a regulated activity provider in relation to that activity.
There are three types of check which are undertaken by the DBS:
Standard checks: These are suitable for eligible roles that do not involve regular contact with children or vulnerable groups such as finance or security.
Enhanced checks: These are suitable for eligible roles where the applicant will be working/volunteering with children, young people and/or vulnerable groups.
Enhanced with DBS Barred List checks: These are suitable for roles where the applicant will be working/volunteering in a regulated activity with children and / or vulnerable adults.
Practical application of the above: So, if you are running a one day workshop in a school with or without the supervision of a teacher, you do not need a DBS check because whilst you are in a school setting, in contact with children, you are only doing it once, so you do not meet the frequency criteria outlined above.
This also applies if you are running one day workshops in lots of different schools because you are only in each school once.
If you are running weekly activities in the same school or you are in one school 4 times within one month, then you do need an Enhanced Disclosure with barred list check DBS check.
HOWEVER, it is important to note, that under circumstances where you do not NEED a DBS check, schools are allowed to request an Enhanced Disclosure without barred list check for anyone who is working in their establishment even if not undertaking regulated activity. It is our experience that most schools do request this.
Useful links and documents:
Keeping Children Safe in Education July 15 – paragraphs 50-55 Safer Recruitment, p30 flowchart on who requires a DBS check and the type, paragraphs 83-89 for volunteers, paragraphs 91-94 for contractors (e.g. artists)
A useful leaflet created for the Disclosure and Barring roadshow is available here DBS Roadshow 2012 leaflet
A DBS elegibility handiguide created by SAFE to help you decide if a role requires a DBS check.
If after reading the above information, you do require a CRB check, KEAP can process one for you, the cost is £56.
If you require further information please contact Helen Reynolds on email@example.com