Category: DBS Checks

A DBS Check is Not Legally Required for Children’s Party Entertainers

A DBS (Disclosure and Barring Service) check is not legally required for entertainers at children’s parties because this role does not fall under the definition of “regulated activity” as outlined in UK safeguarding legislation.

Why DBS is Not Required
Definition of Regulated Activity: The Safeguarding Vulnerable Groups Act 2006 defines regulated activity with children as work that involves:

• Unsupervised teaching, training, or instructing.
• Caregiving or supervising children regularly.
• Driving children as part of a formal arrangement.

Entertaining at children’s parties is not included because it does not involve unsupervised or regular care. Entertainers at parties are always in the presence of parents or guardians, meaning it is not considered regulated activity.

Legal Restrictions on DBS Requests: Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and Police Act 1997, employers can only request DBS checks for roles that meet regulated activity criteria. Asking for a DBS check for an unregulated role is unlawful, breaching both data protection laws and individual rights.

Misinformation and Stigma: Insisting on DBS checks for children’s entertainers perpetuates the false belief that they pose a safeguarding risk, creating unnecessary suspicion and fear. This unfairly stigmatises entertainers and discourages skilled individuals from bringing joy to children’s events.

Relevant Legislation

• Safeguarding Vulnerable Groups Act 2006: Sets out the definition of regulated activity with children. Entertaining is not included unless unsupervised or involving regular caregiving.
• Police Act 1997: Limits DBS checks to roles that directly involve regulated activity.
• Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975: Protects spent convictions from disclosure unless a role qualifies for exemption, which children’s party entertainers do not.

In Summary
Children’s party entertainers do not require a DBS check because their role does not involve regulated activity as defined by UK law. Claims that DBS checks are mandatory for such roles spread unnecessary fear and stigma. It is also unlawful for organisations to request DBS checks for unregulated activities, as outlined in the Safeguarding Vulnerable Groups Act 2006 and the Police Act 1997.

If asked for a DBS check for an unregulated role, it’s important to remind clients or venues that their request may be in breach of the law and to ensure safeguarding policies align with actual legal requirements.