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Please be aware that it is illegal to employ anyone in Regulated Activity until a DBS is initiated & the barred list has been checked as per guidance:
4.9 Additionally, a barred list check before appointment must be undertaken if the work is within the scope of ‘regulated activity relating to children’. The checks are conducted by the Disclosure and Barring Service (DBS). Governing bodies will usually make the request for the DBS checks through their local authority, which acts as an umbrella body for the DBS; academy trusts will have their own umbrella body arrangements. Employers and governing bodies can obtain further guidance on these checks from the DBS website at:
For the majority of work carried out in schools, governing bodies must obtain an enhanced criminal record certificate for employees before, or as soon as practicable after, appointment.
4.10 Where a governing body obtains a criminal record certificate, and the applicant has subscribed to the DBS Update Service, it must consider whether to request update information using the online service. Information is available at the DBS’s Update Service.
4.11 The barred list check is a check to establish that the person is not barred from ‘regulated activity’ – work that a barred person must not do which, in summary, comprises: a. unsupervised activities: teaching, training, instructing, caring for or supervising children, or providing advice/guidance on wellbeing, or driving a vehicle that is being used solely for the purpose of transporting children and their carers/escorts; b. work carried out in and for the purposes of a limited range of establishments, where that work gives the opportunity to have contact with children: for example, work in schools, children’s homes, childcare premises. This does not include work by volunteers who are appropriately supervised unless the volunteer provides certain types of personal or health care to a child.
4.12 Work under (a) or (b) is regulated activity only if done regularly, with the exception of the provision of healthcare or certain types of personal care (for example, helping a child dress) which is always a regulated activity. Most work in a school will be work that individuals must not do if they are barred. Schools must refer to the DBS anyone who has harmed or poses a risk of harm to a child and who has been removed from working (paid or unpaid) in regulated activity, or would have been removed had they not left. The DBS will consider whether to bar the person. Referrals should be made as soon as possible after the resignation or removal of the individual. Guidance on referrals is provided by the DBS at Disclosure and Barring Service - GOV.UK.
Important DBS update
From April 2015 the DBS have changed the criteria for those working and living at the same address. They have expanded the list of roles this applies to and it now includes those working and living in educational institutions, children’s centres and nursery schools. It will also include those providing any form of teaching or training from their own home (not the home of the child).
If you have any staff that fall within the above criteria, you must ensure you tick the ‘home based role’ box on Herts guard when carrying out a new DBS. We are not asking for you to undertake a check immediately, but if there is opportunity to do a new one when they start a new post, or move schools, this is when it should be done.
By ticking the ‘home based role’ box, this will ensure the police consider and provide information on the DBS about other family members, relatives or close friends of the employee. Please see the attached government guidance on this.
Home Based Position Flow Chart
Home Based Position Updated Flow Chart and Definition
Keeping Children Safe - Statutory Guidance
DfE: Keeping children safe: updated statutory guidance for schools (July 2015)
Updated statutory safeguarding guidance for schools and colleges.
May 2016 - The DfE has published the guidance dated 5 September 2016 for information only. Until 5 September 2016, schools and colleges must continue to use the current statutory guidance dated July 2015.
Hertsguard – DBS Online System
In order to assist you, we have the following support options available: