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Fact sheets and legal compliance info
LC5. The Protection of Freedoms Act (2012) (including DBS information legislation)
Date Posted: 12 August 2016
Chapter 1 of Part 5 amended the SGVA 2006, retaining the national barring function which prohibits unsuitable people from working with vulnerable groups whilst abolishing registration and monitoring requirements.

Chapter 1 of Part 5 amended the SGVA 2006, retaining the national barring function which prohibits unsuitable people from working with vulnerable groups whilst abolishing registration and monitoring requirements.

The Disclosure and Barring Service (DBS) aims to help employers make decisions about whether a person is suitable to work with vulnerable people – whether children or adults. It processes requests for criminal records checks, and decides whether a person should be placed on or taken off a barred list. A barred list is a list of individuals unsuitable for work with children/young people and/or adults at risk.

DBS checks are primarily required by practitioners working with children, young people, and adults at risk. However, there may be differences in the 'level' of DBS check required for work with children/young people and adults at risk. The requirements relating to children and adults are covered separately below.

Working with children and young people

The 2012 legislation changed the rules so that DBS (formerly CRB) checks can only be obtained for people over the age of 16 (as no one under 16 should be left in sole charge of other children and young people).

When working with children and young people, the need for a DBS check is determined by whether a person works in a ‘regulated activity’. Regulated Activity relating to children comprises:
  1. Frequent unsupervised activities - teaching, training, instructing, caring for or supervising children and/or providing guidance on wellbeing
  2. Frequent work for a limited range of establishments (‘specified places’), with opportunity for contact: for example washing, dressing, or health care provided - or supervised by - a professional
  3. Frequent moderating of a public electronic interactive communication service likely to be used wholly or mainly by children.

Work under 1 and 2 is Regulated Activity only if done frequently. The managing/supervising of a person who is undertaking an activity within 1 or 2 would also be Regulated Activity, if they manage/supervise the individual on a frequent basis. 

Vulnerable adults

Owing to changes in the legislation it is unlikely that a dance practitioner will need an Enhanced DBS check including Adult barred list check in relation to the work that they do with vulnerable adults. This is because Regulated Activity only relates to work of a ‘personal’ nature (such as toileting, washing, collecting a pension).  

Adults and/or children
The final decision about whether an Enhanced DBS check is required for a person working with children, young people or adults lies in the hands of the employer who can request a DBS check if they think it is necessary.

However, freelance practitioners can obtain - via Membership of People Dancing - an Enhanced DBS check if they are working frequently with children/young people and/or adults at risk.

Freelance practitioners are advised to seek further advice from People Dancing if they uncertain whether or not they should apply for an Enhanced DBS check.

Legislation
www.legislation.gov.uk/ukpga/2012/9/contents/enacted

Further information
Social Care Institute for Excellence - www.scie.org.uk/index.aspx