Question to the Home Office:

To ask the Secretary of State for the Home Department, whether her Department plans to introduce a legal requirement for people undertaking regulated activity to obtain an enhanced Disclosure and Barring Service certificate with a barred list check.

Outside of specific sectors such as health and education, where Disclosure and Barring Service (DBS) checks are mandated, the decision to carry out DBS checks lies with the employer. DBS checks apply in England and Wales; other parts of the UK have their own arrangements.

Whilst some sectors do set requirements for enhanced checks for some roles and/or settings where regulated activity takes place. Home Office legislation around regulated activity and DBS checks only provides eligibility for checks; it does not make them a requirement.

However, if an individual has been barred, then they will be committing a criminal offence if they knowingly engage, or seek to engage, in regulated activity with a vulnerable group from which they are barred. This is punishable by imprisonment and/or fine. The same is true for employers who knowingly employ somebody who is on the barred list. This is why employers are expected to undertake regular checks for those in regulated activity otherwise they risk committing that offence.