How do i DBS Check my Nanny?

What is a DBS Check?  

A DBS Check (Previously known as a CRB check) is a criminal record check, which gives employers the information they need to make a safe and informed recruitment decision. DBS Checks are very common in the childcare industry.

Working with children is what the Disclosure and Barring Service (DBS) would generally consider ‘regulated activity’. Regulated Activity is defined by the DBS as ‘work that a barred person must not do i.e., someone barred from working with children would be breaking the law by applying to work at a school.

Anyone carrying out regulated activity would normally be entitled to a fully Enhanced DBS Check.  

However, there are exceptions to this. The Enhanced DBS Check has strict eligibility criteria and carrying out this level of check isn’t always possible, even if someone is working with children. This is often the case with nannies.

Can we Get an Enhanced DBS Check for our nanny?  

An Enhanced DBS Check can only be done by employers, licensing authorities or regulatory bodies when they are involved in regulated activity. These rules are in place to minimise the volume of unnecessary or unlawful DBS Checks being carried out.

If you’re entering into a private arrangement with a nanny, then the short answer is no. Even though that person would be providing unsupervised childcare, a family hoping to employ an independent babysitter wouldn’t be able to apply for an Enhanced DBS Check.

This is because they are not considered an employer in the eyes of the DBS.

Under the Rehabilitation of Offenders Act (ROA) 1974, ex-offenders are protected from having to disclose certain convictions after a ‘rehabilitation period’ has been fulfilled and they have become ‘spent’. At this point, the individual is considered rehabilitated and the ROA 1974 makes it clear that it is unlawful to refuse employment based on spent convictions.

The exception to this is employers who are hiring people to carry out regulated activity. Under the ROA 1974, these employers are entitled to ask an ‘exempted question’ to fulfil their regulatory obligations. This essentially means they are expected to withhold employment from an individual until they have made an informed recruitment decision based on that individual’s full criminal record history. If the Enhanced DBS Certificate reveals relevant information, the employer could then use this information to justify any recruitment decision that is made.

As families aren’t technically classed as employers, they cannot ask an exempted question, so cannot conduct an Enhanced DBS Check. However, there are some alternative options.

How do we know we’re leaving our children in safe hands?  

Whilst there are many childcare professionals out there, childcare arrangements are often made with people you know. Retired neighbours, relatives and teenagers (looking for some extra pocket money) are some of the most commonly employed casual ‘sitters’.   

Verbal or written references from previous customers are invaluable in this situation. Speaking to previous clients can help lessen your concerns. However, it is understandable why parents would seek a candidate with a DBS Check.

Basic DBS Checks are an option. They can be carried out by anyone and would show any ‘unspent’ convictions on someone’s record. This could provide some reassurance about the type of person you are dealing with.  

Many people in the childcare industry already have Enhanced DBS Checks in place. Either from previous employers or through a current childcare role. If this DBS Certificate is registered to the DBS Update Service, you can view this information online. The DBS Update Service is a system that allows people to register their DBS information and then provide employers with a code so they can check the most up-to-date DBS record.

How to get an Enhanced DBS Check for your Nanny

There are a couple of options if you are trying to get an Enhanced DBS Checks for your nanny. It essentially involves outsourcing the process.

You could get in touch with a reputable nanny agency and ask them if they would consider applying for an Enhanced DBS Check for your nanny. They will likely be partnered with a DBS Umbrella Body, like Personnel Checks, or could be a Registered Body themselves, if they process enough DBS Checks. They will likely charge you for this service, and in they might refuse. But it is worth a try.

The nanny you are looking to hire could also potentially apply directly through OFSTED.

What does the future hold?  

Believe it or not, the nanny industry is currently unregulated. This is where much of the difficulty and confusion stems from. Personnel Checks are partners of the campaign Regulation Matters which aims to bring about regulation in the industry.   

After numerous meetings with government ministers, nannies are now able to sign up for the Voluntary part of the Ofsted Childcare Register. Whilst this is a fantastic step forward it’s not the end of the journey.  

Currently, anyone can call themselves a nanny, or set up a nanny agency. This means there is still potential for bad childcare practices to go unnoticed and in the worst cases, actual abuse. This is why our mission to regulate the industry continues!  

If you have any questions about DBS Checks for your nanny, please don’t hesitate to call us on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk.