DBS Checks

QUESTION: With the removal of the CRB police check what is required by law for Inflatable Hirers and children’s entertainers?

ANSWER: Inflatable Hirers and children’s entertainers no longer require a CRB or DBS. Please read the following as supplied by DBS customer services:

To be eligible for a DBS check (which has now replaced the CRB check) a position must be:

  • Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 – this entitles the position to a Standard level check; and if
  • Prescribed in The Police Act 1997 (Criminal Records) Regulations entitles the position to an Enhanced level check.

Eligibility can also exist if the role involves regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults (within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006).

From the information you have given the roles of an Inflatable hirer and/or children’s entertainer is not listed in the Rehabilitation of Offenders Act (ROA) 1974 and is not Prescribed in The Police Act 1997. The roles of an Inflatable Hirer and/or children’s entertainer do not appear to involve regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults. Therefore eligibility does not appear to exist.

For your information as the parents or carers are present, then they are responsible for the children not yourself removing eligibility, where it states does the role involve regularly caring for, training, supervising or being solely in charge of persons under 18 and or vulnerable adults.

Please note the submission of DBS checks for ineligible positions would be considered unlawful under the terms of the Rehabilitation of Offenders Act 1974. Under Part V of the Police Act 1997 an application for a DBS check must be accompanied by a statement by the registered person that the certificate is required for the purpose of asking an exempted question.

If an individual knowingly asks for a DBS check for a post which is not included in the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974 (ROA), they would be in breach of Part V, section 123 of the Police Act, in that they are committing an offence by knowingly making a false statement for the purpose of obtaining or enabling another person to obtain a certificate under this part.

For more information on eligibility guidance please follow the attached link please www.gov.uk/government/publications/dbs-check-eligible-positions-guidance

For your information you can request a Basic Disclosure from Disclosure Scotland which will provide details of any “Unspent” convictions. http://disclosurescotland.co.uk/

Customer Services

The Disclosure and Barring Service

PO Box 165, Liverpool, L69 3JD

Tel: 0870 90 90 811

www.gov.uk/dbs

Other:

Equity guidance on the matter: https://www.equity.org.uk/branches/thames-variety-branch/documents/disclosure-and-barring-service-what-is-it/disclosure-and-barring-service-what-is-it-march-2013-logo.pdf

DBS referrals helpline Telephone: 01325 953795