Disclosure and Barring Service (DBS) – Updated 30.10.24
A brief intro guide for employers / engagers in the entertainment industry in England, Wales and Northern Ireland
Who is this introduction for?
This post is designed to assist organisations or individuals who engage or employ freelance actors, entertainers or performers in roles which involve contact with children or vulnerable adults.
What is the Disclosure and Barring Service (DBS)?
The DBS is a checking service for employers who are entitled or legally obliged to ask about an applicant’s suitability to work with vulnerable groups, including children, through its criminal record checking and barring functions.
Background
The service was launched on 1st December 2012 replacing the system of Criminal Records Bureau (CRB) checks that was previously in place. The new body is a merger between the Criminal Records Bureau and the Independent Safeguarding Authority (ISA). The changes were included with the Protection of Freedoms Bill which was enacted during 2012.
What parts of the UK are covered?
The changes in the law applied in England and Wales only. Scotland has its own system under Disclosure Scotland and Northern Ireland under AccessNI which are not covered fully in this post although references are provided at the end.
Who needs to have a check?
Those who need a check are generally those who undertake ‘Regulated Activity’ which is typically those involved in the education, training or care of children and vulnerable adults. Under the Protection of Freedoms Act 2012 regulated activity is tightly defined and only those who frequently, intensively or overnight carry out largely unsupervised activities with children or vulnerable adults would need to be checked. ‘Frequently’ is defined as once a week or more and ‘intensively’ as 4 or more occasions in a 30-day period.
Most freelance work in schools would not meet these criteria as the work is generally supervised and on an occasional or infrequent basis so there should be no need for a check. This would also go for a lot of other work connected to local authorities and the public sector in general. Checks have never been needed for work in private homes or for general children’s entertainment work.
What is a DBS check?
A DBS check is essentially a check on an individual’s criminal past though it can reveal other information held by the police which may suggest the applicant is a risk to vulnerable groups. There are different levels of check which are Basic, Enhanced and Enhanced with Barred Lists. The Basic check shows unspent convictions and cautions. The Enhanced additionally includes details of spent convictions and cautions and information held by local police if relevant to the job role. The Enhanced with Barred Lists check indicates whether the applicant is barred from working with children or adults. A DBS check has no official expiry date although many individuals are now registered for the Update Service so their live information can be accessed by an employer or the individual.
When does an individual need to have an Enhanced DBS check?
Where the person to be engaged or employed will be working with children or vulnerable adults there may be a need for a DBS check. If you consider a DBS check necessary, you have a legal duty to check that the proposed job is actually eligible for a check. The Disclosure and Barring Service’s publication, A Guide To Eligibility for DBS Checks can be found at:https://www.gov.uk/government/publications/dbs-workforce-guidance
If you have checked that the role you will be employing an individual in is eligible for a DBS check, preferably by seeking the advice of the DBS if there is any doubt, then you can get the application form from the DBS website if your organisation is registered to carry out checks or from an umbrella body. The current cost of getting a DBS check done can be found on the following webpage: https://www.gov.uk/disclosure-barring-service-check/overview and an umbrella body will normally charge an administration fee on top of between £10 and £20. For volunteers the service should be free. The individual will need to supply proof of ID. The timescale for getting such a check is normally around 4 weeks. When advertising the role it should be made clear that a DBS check will be required at that stage, as well as whether the employer or the individual will be providing and/or paying for it. An employer should only arrange a DBS check on a successful job applicant. The job offer can be withdrawn if the results show anything that would make the applicant unsuitable.
Even if a DBS check is not required by law isn’t it a good idea for an employer to ask for an individual to provide a certificate anyway to be on the safe side?
No, a check should not be obtained for an individual who doesn’t need one. It should be noted that an employer can only ask for a barred list check for specific roles. It is a criminal offence to ask for a check for any other roles.
Some actors and entertainers put on their advertisements that they are DBS checked. Does that mean they are safer?
It cannot be assumed that an individual in possession of a clean DBS certificate is necessarily any more suitable to be left in sole charge of children or vulnerable adults than an individual without such a certificate. It is therefore not good practice to rely on such a document as the only measure to protect children or vulnerable adults.
What is good practice when engaging Children’s Entertainers for one-off or private events?
Although this kind of role should not require a DBS check, it is always good practice to ensure that there is always at least one other responsible adult present at all times and the entertainer is not left in sole charge of children. Indeed, many of Equity’s contracts for freelance performers state this as a condition of the contract.
Latest notes from Equity meeting :
DBS Checks
It was stressed that you don’t normally need a DBS check as a Children’s Entertainer, supervision should be sufficient and is strongly advised. Engagers can’t subsequently deny you work after booking you because you don’t have a DBS check if that was not conditional at the time of booking. If they ask you for a DBS check after they’ve booked you, you don’t have to go and get one. There are Equity documents you can show an employer which show when you do and don’t need a DBS check. Equity can help you get a DBS check if you need one for an after-school club or workshops for instance where you’re seeing the same group of children frequently or intensively.
How long does it last? There is no set time frame but they can be accepted up to three years after. You can opt in for an automatic annual update for £13 which you need to set up within 2 weeks of receiving the DBS. Once you’ve done this, you can just provide your DBS checking code on request.
Have on the booking form that it’s the responsibility of the bookers to ensure that there are responsible adults present. The Equity standard contract states there should be at least 2 responsible adults present.
Flowchart showing Eligibility for Enhanced DBS check
Enhance Disclosure DBS Eligibility Check
References
The links below are to official government sites and documents relating to this topic:
The Disclosure and Barring Service site: https://www.gov.uk/government/organisations/disclosure-and-barring-service
The Definition of ‘regulated activity’ in relation to children:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file /739154/Regulated_Activity_with_Children_in_England.pdf
The Disclosure and Barring Service advice sheet for employers: https://www.gov.uk/dbs-check- requests-guidance-for-employers
Government leaflet on changes to disclosure and barring:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file /97875/leaflet-england-wales.pdf
February 2021 Michael Day
Equity mday@equity.org.uk
February 2021
Disclosure and Barring Service
A guide for Children’s Entertainers and freelance entertainers
What is the Disclosure and Barring Service (DBS)?
The DBS is a checking service for employers who are legally entitled to ask about an applicant’s criminal background.
What does the check contain?
There are different levels of DBS check. A Basic check will just provide a certificate showing unspent convictions of the applicant. An Enhanced check will detail unspent convictions as well as some spent convictions and other information from the Police National Computer (PNC) as well as checking various lists and locally held information. The Enhanced check with barred lists check is generally the one which employers are looking for those working with children to have.
What if an employer wrongly says I need a check?
There are some roles undertaken by Equity members which do constitute ‘Regulated activity’ and in that case an Enhanced check would be needed. If that is the case then the employer, you would expect, would organise and pay for that on your behalf. Likewise, for some volunteering roles a check would be needed and the charity or organisation should also be able to undertake the check and there would not normally be a charge for this.
It may, however, be the case that an employer (or agent) is asking for a check because they misunderstand the rules and a check is in fact not required. The employer could well be acting unlawfully by requesting such a check and that should be discussed with them if you feel you do not need one for the role. You can contact Equity for advice if you have a problem with this. Equity has a similar info sheet to this one specifically aimed at employers which you could forward them.
Many employers ask for a Basic check for some types of work which could include walk-on and supporting artist work. They are generally entitled to do this because this information is only in relation to unspent convictions.
Can I get an Enhanced check myself?
If an employer or agent says you need a check and will not get it done for you then, as an individual, you cannot get a check directly yourself. This is because the basic premise of a check is for an employer to ask an individual about their criminal background. A check, however, can be obtained through an Umbrella Body. Such Umbrella Bodies can be found online through the government website and Equity has links with some which will undertake checks for Equity members who need them. Please contact Michael Day on the details below. Unless a check is actually a requirement of your work then Equity would not suggest obtaining a check.
What about a Basic check?
You can apply for a Basic check online yourself through the DBS directly.
How much do checks cost?
The check needed for work with children is the ‘Enhanced with barred list checks’. This checks various lists of those who are barred from working with children or vulnerable adults. The DBS charges about £40 for the check, which normally takes about 4 weeks to process. An Umbrella Body would add on an admin fee so the overall cost is likely to come to at least £60.
A Basic check through DBS Online costs £23 and takes about 14 days to obtain. Ensure you go through the legitimate government site and not a third party that may charge you more.
What is the Update Service?
The Update Service allows employers to access up to date information about your certificate online. You need to register for the Update Service within 19 days of your certificate being issued and pay an annual fee of £13. This is worth considering if you are likely to be working in settings involving children and vulnerable adults in the future. It makes the check portable and constantly up to date and will save having to apply for a new certificate again.
What if there is something on my certificate, will it stop me working?
Old and minor offences should be ‘filtered’ so that they do not appear on certificates. This had presented a problem for a small number of members who had perhaps accepted cautions for minor offences when they were much younger and this information was appearing on a check. Where offences do appear on a certificate it is unlawful under the Rehabilitation of Offenders Act 1974 for an employer to refuse employment on the basis of a spent conviction. There are exceptions to this, however, for certain roles which is likely to include those which contain regulated activity. There is a process to remove details of some spent convictions which can be followed in some circumstances.
Useful links
https://www.gov.uk/guidance/basic-dbs-checks-guidance https://www.gov.uk/dbs-check-applicant-criminal-record/get-a-standard-or-enhanced-dbs-check- for-an-employee
https://www.gov.uk/find-dbs-umbrella-body https://www.mygov.scot/basic-disclosure/apply-for-basic- disclosure/?via=https://www.disclosurescotland.co.uk/basicdisclosureonline/index.htm https://www.mygov.scot/enhanced- disclosure/?via=https://www.disclosurescotland.co.uk/disclosureinformation/enhanceddisclosure.ht m
https://www.nidirect.gov.uk/services/apply-online-basic-check https://www.nidirect.gov.uk/services/apply-online-enhanced-check-through-registered-body
Michael Day
Equity mday@equity.org.uk
