Working with Children in Sport: DBS Eligibility and Regulated Activity
DBS Checks are criminal record checks carried out by the Disclosure and Barring Service. When a DBS Check is completed a DBS Certificate is issued which contains information of an applicant's criminal record history and any barring information. Depending on the level of check this can include:
Spent and/or Unspent Convictions
Cautions
Warnings
Reprimands
Any relevant police notes
DBS Checks can be a common feature of recruitment in sport as sports are often played by children.
Which DBS Checks are required depend on two things: eligibility and regulated activity. DBS eligibility is the rules in place governing what level of check is required for certain job roles. Eligibility isn’t determined by someone’s job title but rather what day-to-day activities they are involved in. Access to DBS Checks is controlled by law. The eligibility criteria are there to ensure that checks are only carried out on individuals where they are appropriate. Regulated activity is work involving children or vulnerable adults that a barred person cannot do as they may pose a threat to those groups.
Employers recruiting people to work in a role involving regulated activity have a duty to carry out DBS Checks to ensure they don’t employ inappropriate people. It is a criminal offence to knowingly employ a barred person in regulated activity. Any role involving regulated activity will require a mandatory Enhanced DBS Check to be carried out, including a search of the relevant barred lists. However, a role doesn’t necessarily need to involve regulated activity to be eligible for a DBS Check. In this guide, we will look at eligibility and regulated activity in relation to adults and children in more detail.
Working with Children
Defining Regulated Activity
Regulated activity in relation to children is extremely broad as they are an inherently vulnerable group. In sport, regulated activity generally comes under one of the following definitions:
Individuals who provide teaching, training or instruction to children; are directly responsible for caring or supervising children; or provide any form of advice or guidance relating to a child’s physical, emotional or educational well-being.
The roles normally associated with this definition are sports coaches or instructors, referees, umpires or other officials who may be responsible for instructing or training children in the course of their role. Sports therapists would also come under this classification unless they were also providing treatment as registered healthcare professionals.
Individuals providing personal care - this is any kind of physical help, training, instruction, supervision, or guidance given to a child in relation to eating, drinking, toileting, washing or dressing because the child needs it due to their illness or a disability.
This definition could apply to a number of roles within sport depending on the specific requirements of a situation. In some circumstances, a role that wasn’t previously involved with regulated activity could need to be reassessed if a member of staff was required to involve themselves in personal care as defined above.
Individuals providing health care directly or those under the direction or supervision of a regulated health care professional.
This refers to any kind of health care professional involved in the provision of care or treatment in sport. This does not extend to first aiders who volunteer first aid services alongside their primary role.
Frequency Rules
Certain roles are only defined as a regulated activity if they meet a minimum frequency. ‘Frequently’ is defined as work carried out more than three times within a 30-day period. Roles involving the following type of work need to meet this frequency:
Individuals who provide teaching, training or instruction to children.
Individuals who provide care for or supervision of children.
Individuals who provide advice or guidance wholly or mainly to children and this specifically relates to their emotional, educational or physical well-being.
This does not need to be with the same group of children or at the same establishment. It can be with any group of children in a number of locations. Roles that meet this definition and frequency are carrying out regulated activity. This means an Enhanced DBS Check carried out with a search of the Children’s Barred Lists must be done. Individuals who work in the roles defined above but don’t meet the frequency can still have an Enhanced DBS Check. This can be carried out against the Child Workforce, but not the Children's Barred Lists. Some roles are not required to meet the frequency. Individuals do not need to meet the minimum frequency defined above if they are:
Teaching, training, instructing, supervising, caring for, or providing guidance to children with the opportunity for face-to-face contact between 2am and 6am.
Providing personal care, physical help or training in connection to toileting, washing or dressing because the child needs it due to their age, illness or disability.
Providing healthcare or treatment to a child
Individuals whose roles involve the above are automatically classed as carrying out regulated activity. They must have an Enhanced DBS Check carried out with a search of the Children’s Barred Lists. Establishments Sometimes individuals can be classed as regulated activity even if they aren’t fulfilling the usual legislative definitions. If they are working on the following establishments, they could be classed as carrying out regulated activity:
An educational institution exclusively or mainly for the provision or full-time education of children
A pupil referral unit
A provider of nursery education DBS checks in Sport – Working with Children 17
A detention centre for children
A children’s home or a home provided under the Children Act 1989
A children’s centre (managed by or on behalf of, or under arrangements made with, an English local authority, through which early childhood services is made available, and at which activities for young children are provided, by way of early years provision or otherwise)
Relevant childcare premises
A children’s hospital in Wales only
If an individual is working in one of these establishments, they are carrying out regulated activity if they also meet all the following criteria:
They work there more than three times in a 30-day period, or overnight between 2am and 6am with the opportunity for face-to-face contact with children.
They have the opportunity, because of their job/role, to have contact with the children in the establishment
They work there for the purpose of the establishment
It is not temporary or occasional work
If they are unpaid, in order to be in regulated activity, they must not be supervised by someone else who is in regulated activity. If they are in a paid role, they can be supervised by someone else and still be in regulated activity
The roles that normally meet these criteria are support staff like administrators and cleaners.
The information here should be treated as a guide and not legal advice. If you have any questions about what DBS Checks you need for your team, sports club, or class get in touch! Our experts are always on hand to discuss the finer detail of DBS eligibility as we know it’s complicated.
Personnel Checks has been processing DBS Checks for a range of children's sports organisations for close to two decades. We also conduct safeguarding audits for national bodies. Thousands of businesses rely on our experience to ensure they're protecting those in their care and remain compliant. You can give us a call on 01254 3556888 or drop us an email at letstalk@personnelchecks.co.uk and we’ll get back to you asap.