DBS Checks for Children’s Television

DBS Checks are always an important aspect of working with children. In most instances, working with children is known as ‘regulated activity’. Regulated activity is defined as types of work that a barred person must not do. This is why for most roles involving children, an Enhanced DBS Check with a search of the Children’s Barred List is required. However, when working in television things are a little bit different.  

There are strict rules surrounding how children work in the television industry. Production companies must obtain a ‘child working licence’ if any production involves a child or children under the age of 18. Children involved in productions must also be accompanied by a parent or guardian at all times. If a parent or guardian is unavailable the production must provide a chaperone to accompany them.   

What DBS Checks do we need?  

As children involved in a production should always be supervised by a parent or guardian, in means that in most cases an Enhanced DBS Check is not required. Enhanced DBS Checks are generally only required for individuals who are going to have the potential for regular unsupervised contact with a child. This means most production staff will only require a Basic DBS Check.  

A Basic DBS Check is the lowest level of criminal record check available to employers. This level of DBS Check will reveal any unspent convictions on an individual's record. Pan-industry guidance expects that all walk-on's, supporting artists and staff involved in productions involving children have a Basic DBS Check carried out.  

If a parent or guardian is unavailable to supervise a child then a chaperone will be required. Chaperones will always require an Enhanced DBS Check with a search of the Children’s Barred List included. This is because they will be responsible for supervising the child and will have plenty of opportunities for unsupervised contact.  

An Enhanced DBS Check with a search of the Children’s Barred List is one of the highest levels of criminal record checks available to employers. This level of DBS Check reveals any cautions, warnings, reprimands, spent or unspent convictions, and any relevant notes that the police believe are pertinent for an employer to know. The search of the Children’s Barred Lists will reveal whether that person has ever been barred from working with children.   
 

Trying to obtain the wrong type of DBS Check  

Unlock, the independent charity for people with criminal records, published a case study on people within the television industry trying to obtain the wrong kind of criminal record check.  

An individual had been requested to have an Enhanced DBS Check carried out by a casting agency. This individual did not believe an Enhanced DBS Check was relevant to their role as an extra, so they contacted Unlock. An investigation was started which eventually involved both the Information Commissioner's Office (ICO) and the Disclosure and Barring Service (DBS).  

Ultimately it was determined that the agency had misinterpreted the guidance on DBS Checks. The DBS instructed the agency to remove any reference to Enhanced DBS Checks as a requirement for roles on their website as they were ineligible for this level of check. The DBS also contacted the Producers Alliance for Cinema and Television to inform all their members of the situation and to make them aware of the correct guidance.   

When working with children it is understandable that organisations want to be compliant. Many people wrongly assume that any person working around children must have an Enhanced DBS Check in place. But this isn’t the case. Having the wrong type of check carried out can actually be a problem.   

Requesting a higher level of check than necessary can be a criminal offence. Under the Rehabilitation of Offenders Act 1974 (ROA), a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the Act.  

As a background screening company, we’re the first to advocate for the use of DBS Checks. They are a vital tool for safeguarding children. But they should only be used proportionately and appropriately.  

For more information about how Personnel Checks background screening solutions can aid your organisation, get in touch! You can give us a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk