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Working with Children – The Updated Definition for Criminal Record Checks

Working with Children – The Updated Definition for Criminal Record Checks

The Home Office have recently been working to provide a legal definition of ‘work with children’ and have therefore made changes to the existing legislation for criminal record checks. The change brings together the existing prescribed purposes in relation to working with children and puts them under one purpose named ‘work with children’ which allows applicants to be eligible for an Enhanced DBS certificate.

The new legislation is set out to be clearer and includes references to people who are eligible for enhanced checks but were not previously named such as special guardians and prospective adopters. This now also includes anyone 18 and over that lives in the same household as a special guardian.

A summary of the new definition is below, please be aware that eligibility for accessing children’s barred lists has not been affected by these changes.

  • Activities that would have met the definition of regulated activity with children before the introduction of PoFA in Sept 2012
  • Activities that meet the definition of regulated activity with children
  • Adoptive parents, Special Guardians and any of their household members
  • Registration for child minding/day care and any household members
  • Registration under Part 3 of the Childcare Act 2006 and any household members
  • Foster carers, private foster carers and any household members
  • Household members of individuals who are in regulated activity with children or would have been in regulated activity with children before the introduction of PoFA in Sept 2012 and live on a school site; or are working and living in an FE institution or 16-19 Academy
  • Working in an FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children
  • Activities that would have been regulated activity with children before the introduction of PoFA in Sept 2012 if they met the period condition but are only carried out infrequently
  • Activities that would be regulated activity with children if they met the period condition but are only carried out infrequently
  • Registration under Part 2 (Establishments) and Part 4 (Social Care Workers) of the Care Standards Act 2000

For more information on these changes do not hesitate to contact one of our advisors on 01254 355688.

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