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Guidance

Child workforce legislation

Published 1 September 2026

© Crown copyright 2026

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This publication is available at https://www.gov.uk/government/publications/work-with-children-enhanced-without-childrens-barred-list-check/child-workforce-legislation

1. Introduction

This webpage sets out the legislation which underpins the guidance on the eligibility webpage covering enhanced DBS checks in the child workforce (no access to a barred list check).

DBS have provided this to organisations to support them in their decision making. DBS may not be able to provide further context surrounding this wording. This is not intended as legal advice.  Organisations should see professional guidance as needed.

2. Activities

If someone is doing any of the activities listed below, more than once, they are eligible for an Enhanced DBS check (no barred list) 

Wording from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (a) any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

2.2 Any type of work in a children’s hospital

Wording from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

2.3 Work that meets the definition of regulated activity with children but is not carried out often enough

Wording below is taken from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (i) Work done infrequently which, if done frequently, would be regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 or as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

2.4 Providing treatment or therapy to children

Wording from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

2.5 Temporary or occasional work in a specified establishment

Wording below is taken from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

3. Activities with no frequency requirement

3.1 Registering to run a childminding agency or carrying out specific functions for a childminding agency

Wording from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2014/2122

  • (m) registration as a childminder agency under Chapter 2A or 3A of Part 3 of the Childcare Act 2006;

  • (n) considering the applicant’s suitability to manage a childminder agency;

  • (o) considering the applicant’s suitability to work for a childminder agency in any capacity which requires the applicant to enter childcare premises and enables that person, in the normal course of duties, to have contact with children for whom childcare is provided or access to sensitive or personal information about children for whom childcare is provided.

3.2 Anyone aged 16 and over living in the household of someone who is being assessed to work in any specified places

Wording from regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669

  • (g) obtaining information in respect of any person who is aged 16 or over and who lives in the same household as an individual who is having or who has had their suitability assessed for the purposes of –
    • (i) engaging in any activity which is regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012
    • (ii) working in a further education institution (within the meaning of section 140 of the Education Act 2002) where the normal duties of that work involve regular contact with children
    • (iii) working in a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010) where the normal duties of that work involve regular contact with children where that individual, and the person who lives in the same household, live on the premises where that activity or work would normally take place

4. Specified Positions

The following positions were removed from the definition of regulated activity with children in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 (SVGA) by section 64 of the Protection of Freedoms Act 2012 (PoFA).  Therefore eligibility for an Enhanced DBS check without a check of the children’s barred list exists under regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002, as amended by the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2013/2669:

  • (a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012

4.1 Paragraph 1(8) of schedule 4 (pre-PoFA SVGA)

  • (a) Officer of the Children and Family Court Advisory and Support Service
  • (b) Welsh family proceedings officer (within the meaning of part 4 of the Children Act 2004)

4.2 Paragraph 4(1) of schedule 4 (pre-PoFA SVGA)

  • (a) member of [or clerk to the governing body of an educational establishment mentioned in section 8(5);

  • (aa) person appointed by the governing body of a maintained school to serve on a committee established by that body;

  • (aaa) member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996) which acts as the management committee of a school falling within section 19(2) or (2B) of that Act (pupil referral units etc) which does not fall within sub-paragraph (1)(a);

  • (aab) an individual who is the proprietor of an independent school;

  • (aac) an individual who takes part in the management of an independent school;

  • (ab) chief executive of a local authority that has any education functions or social services functions;

  • (b) member of a relevant local government body;*

  • (c) director of children’s services of a local authority in England;

  • (d) director of adult social services of a local authority in England;

  • (e) director of social services of a local authority in Wales;

  • (f) chief education officer of a local authority in Wales;

  • (g) charity trustee of a children’s charity;

  • (h) member of the Youth Justice Board for England and Wales;

  • (i) Children’s Commissioner or deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004 (c. 31);

  • (j) Children’s Commissioner for Wales or deputy Children’s Commissioner for Wales;

  • (l) member of a Local Safeguarding Children Board established under section 13 or 31 of that Act;

  • (m) member or chief executive of the Children and Family Court Advisory and Support Service;

  • (n) a deputy appointed in respect of a child under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

  • (p) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services for or in relation to children;

  • (q) a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);

  • (r) Children’s Rights Director appointed under section 120 of the Education and Inspections Act 2006 and a person whose duties consist wholly or mainly of assisting the Director in the exercise of the Director’s functions.

  • (s) member of a fostering panel;

  • (t) member of an adoption panel.

  • For the purposes of sub-paragraph (1)(b), a person is a member of a relevant local government body if–

  • (a) he is a member of a local authority and discharges any education functions, or social services functions, of a local authority;

  • (b) he is a member of an executive of a local authority which discharges any such functions;

  • (c) he is a member of a committee of an executive of a local authority which discharges any such functions;

  • (d) he is a member of an area committee, or any other committee, of a local authority which discharges any such functions

The following roles are eligible for Enhanced level if, in consequence of anything the person is permitted or required to do in the exercise of their function, they have contact with children:

4.3 Paragraph 1 of schedule 4 (pre-PoFA SVGA)

(9B)

  • (a) An inspection under section 10B of the Employment and Training Act 1973 (inspection of careers services in England)

  • (f) Inspection of teacher training in England

  • (m) Inspection of religious education in England

  • (p) Powers of inspection etc on entry onto early years provision and later years provision premises

  • (q) Inspection of further education and training etc - Chief Inspector, Inspection of education and training, Inspection of further education institutions, Other inspections, Area inspections

  • (r) Inspections and annual reviews of local authorities in England

  • (s) Inspection of the functions of the Children and Family Court Advisory and Support Service (CAFCASS)

  • (t) Inspection of secure training centres & secure colleges

(10)

  • (a) HM Chief Inspector of Schools in England

  • (ba) Bodies approved to inspect registered independent educational institutions in England

  • (d) HM Chief Inspector of Prisons

(13A) The exercise of a function of the Care Quality Commission so far as the function

  • (a) relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of any form of treatment or therapy for children,
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