What the New Self-Employed DBS Rules Mean for Children's Activity Providers

16 Apr

If your organisation relies on self-employed instructors, coaches, or freelance staff to deliver activities to children, there's a legislative change you should be aware of.

Since 21 January 2026, self-employed individuals and personal employees have been able to apply for Enhanced and Enhanced with Barred List(s) DBS Checks for the first time. For children's activity providers, particularly those operating outside of Ofsted regulation, this is a meaningful step forward for safeguarding.

Here's what's changed, why it matters for your organisation, and what you can do about it.

The problem this solves

Children's activity providers occupy a unique space. Unlike schools, nurseries, or registered childcare settings, most are not regulated by a central government body like Ofsted. That doesn't make safeguarding any less important; it just means there's historically been less infrastructure to support it.

One of the biggest sticking points has been DBS checks for self-employed staff. Before this change, self-employed individuals could only apply for a Basic DBS Check on their own. If their role required an Enhanced DBS Check (which it often does when working with children), an employing organisation had to submit the application on their behalf.

This created a grey area. Many children's activity providers, particularly smaller ones, weren't set up to process DBS checks. And self-employed coaches couldn't obtain the right level of check independently. The result was a gap in vetting that nobody was comfortable with.

What's changed

The new legislation allows self-employed workers and personal employees to apply for Enhanced and Enhanced with Barred List(s) DBS Checks directly through a registered Umbrella Body, such as Personnel Checks. They no longer need an employing organisation to initiate the process.

Critically, the eligibility criteria haven't changed. The role still needs to qualify for an Enhanced Check under existing rules. What has changed is who can apply; and for the first time, self-employed people can do it themselves.

You can read the full GOV.UK guidance here.

Why this matters for CAA members

For organisations affiliated with the Children's Activities Association, this change has several practical benefits:

Self-employed instructors can now own their DBS status. Coaches, tutors, and freelance staff working across multiple providers can apply for an Enhanced Check independently, without relying on any single organisation to do it for them.
You can request to see an Enhanced certificate before engaging someone. If a freelance instructor approaches your organisation for work, you can ask to view their DBS certificate as part of your recruitment considerations. You don't need to process the check yourself.
The Update Service makes it portable. For self-employed staff who work across several providers (which is common in children's activities), the DBS Update Service allows them to keep a single certificate current. With their permission, you can check its status online at any time, for free.
It strengthens your safeguarding position. For organisations that aren't subject to mandatory Ofsted oversight, being able to verify that freelance staff hold an up-to-date Enhanced DBS Check adds a tangible layer of assurance for parents and families.

What this looks like in practice

Take a freelance swimming instructor who works across three different swim schools, none of which are Ofsted-registered. Previously, one of those swim schools would have needed to apply for an Enhanced DBS Check on the instructor's behalf, and the other two would either need to repeat the process or take the first school's word for it.

Now, the instructor can apply for their own Enhanced DBS Check through an Umbrella Body like Personnel Checks. They can then sign up for the Update Service (£13 per year), and each swim school can verify the certificate directly. One check, multiple providers, no duplication.

What you should do next

Depending on your role, there are a few things worth considering:

If you engage self-employed instructors or coaches:

Make it part of your onboarding process to ask for sight of an Enhanced DBS certificate.
Use the DBS Update Service to verify certificates are still current (the instructor will need to give you permission).
Consider updating your safeguarding policy to reflect the new route and set clear expectations for freelance staff.

If you are a self-employed instructor:

Check whether your role is eligible for an Enhanced DBS Check.
Apply through a registered Umbrella Body. You can find one using the GOV.UK Umbrella Body finder, or apply directly through Personnel Checks.
Sign up for the Update Service during the application process to keep your certificate portable across multiple clients.

For your safeguarding policy:

Review your existing DBS requirements for freelance and self-employed staff in light of the new legislation.
Where appropriate, make Enhanced DBS certification a condition of engagement for roles involving direct contact with children.

How Personnel Checks can help

Personnel Checks is a registered DBS Umbrella Body, and we work with organisations and individuals across the children's activities sector. Whether you're an activity provider looking to tighten up your vetting processes, or a self-employed instructor who wants to get ahead of the curve, we can help.

Give us a call on 01254 355688, or take a look at our full guide to DBS Checks for the self-employed for more detail.

If you found this useful, we'd encourage you to share it with any freelance instructors or coaches in your network. The more people who know about this change, the stronger safeguarding becomes across the sector.

James Parkinson