Criminal Record Checks

You may need to check someone’s criminal record if they apply:

• for certain jobs or voluntary work, e.g. working with children or in healthcare

Regulated Activity

Can be defined as:

• unsupervised activity: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children; 

• Work for a limited range of establishments (‘specified places’), with opportunity for contact: e.g. schools, children’s homes, childcare premises. Not work by supervised volunteers;

The above is classed as regulated activity only if done regularly.

“Regularly” is defined as:

• Teaching, training or instruction of children, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period, or overnight.
• Day to day management or supervision on a regular basis of a person providing this activity which would be regulated if unsupervised. • Care or supervision of children if carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period or overnight.
• Driving a vehicle being used only for conveying children and carers or supervisors, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period.
• The transportation of individuals where that transport is provided because of age, health or disability. Broadly, this is intended to cover ambulance and other hospital transport services and transport to and from day care services.
• Advice or guidance provided wholly or mainly for children relating to their physical, emotional or educational well-being if carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period or overnight.
• Relevant personal care such as physical help in connection with eating or drinking, for reasons of illness or disability; or physical help for reasons of age, illness, or disability, in connection with: toileting washing, bathing, or dressing.

Regulated activity in relation to children, Department of Education, 2012

If you work, volunteer, officiate or participate in equestrian sport you have a responsibility to make sure all children and young people are kept safe by:

• Complying with recognised codes of conduct.
• Knowing how to report concerns about children or young people.
• Knowing how to report concerns you may have about a colleague.

DBS England and Wales

Criminal Records Bureau (CRB) checks are now called Disclosure and Barring Service (DBS) checks.

A DBS certificate will be requested as part of an organisation’s pre-recruitment checks following an offer of employment, including volunteering roles and applications for specific licences.

A check will need to be made on someone’s criminal record if they apply:

• for certain jobs or voluntary work, eg working with children or in healthcare
• to foster or adopt a child

There are three types of check:
• Standard
• Enhanced
• Enhanced checks with children’s and/or adults’ barred list check(s)

Access Northern Ireland

Employers are responsible for knowing when a job or volunteering role requires an AccessNI check. There are three levels of check:

• Basic
• Standard
• Enhanced

An employer can ask all job applicants to apply for a basic check during the recruitment process.

When applying for a job or volunteering in a role providing services to, or having close and regular supervision of children or vulnerable adults, an enhanced check will be needed.

An enhanced check must be applied for through a registered body.

Applicants must be16 years of age or older to get a standard check or enhanced check.

Disclosure Scotland

There are four levels of check:

• Basic
• Standard
• Enhanced
• Protecting Vulnerable Groups (PVG) Scheme

Individuals can apply for a basic check themselves.

Only registered bodies can apply on behalf of an individual for Standard, Enhanced Disclosures and PVG Scheme membership.

In February 2011, the Scottish Government introduced a membership scheme to improve disclosure arrangements for people who work with vulnerable groups (including children).

The PVG Scheme is administered by Disclosure Scotland and allows organisational employers and personal employers to satisfy themselves that an individual to whom they are offering regulated work is not barred from doing that type of regulated work.

The PVG Scheme provides three different disclosure records for this purpose, which replaces the use of standard and enhanced disclosures for work with vulnerable groups.

PVG Scheme members are continuously monitored for new vetting information and any information which comes to light which may indicate that they are unsuitable to do regulated work will lead to a consideration for listing.

The government has produced guidance for processing overseas applicants:

- Government Criminal Record Check Advice: Countries A-F
- Government Criminal Record Check Advice: Countries G-P
- Government Criminal Record Check Advice: Countries Q-Z
- Government Crimnal Record Check FAQ 

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