CRB CHECK NOW REPLACED BY DBS

CRB checks have now been replaced by the DBS check. There has been some confusion among entertainers and people providing services where children are present as to whether we are required to have this done. Here is the current official line:

Eligibility is based upon the nature of the duties for the specific position. To be eligible for a DBS 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).

The role of a children’s entertainer is not listed in the Rehabilitation of Offenders Act (ROA) 1974 and is not Prescribed in The Police Act 1997. The role of a children’s entertainer does 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.

Furthermore as you are self employed current legislation does not allow the self-employed or individuals to apply for a Disclosure and Barring Service (DBS) check on themselves. This is because they cannot ask an exempted question of themselves. Only recruiting organisations can ask the exempted question so they can assess an applicant’s suitability for a role as defined in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

For your information as the parents 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.

 

Therefore because we will never be solely in charge of a group of children, we are not required to undergo a DBS check, in fact to try to do so would be unlawful (see last paragraph).

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