DBS Check and Safeguarding Policy

As a former secondary school teacher I fully understand the need for safeguarding policies in schools and other organisations, and always work to comply with the local policies of the school or organisation that have invited me to visit and work with them as a historical interpreter. As a freelancer I do undergo regular safeguarding training, provided by other companies I regularly work with, and I am happy to provide proof with certificates upon request.

I also have an Enhanced DBS certificate through my other freelancing activities and I am very happy to confirm my identity upon my arrival and wear a visitors badge for the duration of my visit, if required. However, I will not show any evidence of a DBS check, unless I will be visiting your organisation for more than one day in a single booking.*

Why not? The nature of my work means that DBS checks are not necessary because my normal work is not regulated. As an individual self-employed person it is not possible for me to get a DBS check for my normal activities. The second paragraph of the DBS Guide to Eligability states:

“An individual cannot request a standard or enhanced DBS check for themselves and so as a registered body you must not submit applications from individuals where there is no employer to make the suitability decision.”

This means that, unless you are going to offer me a fixed term contract of employment for my visit, it is actually illegal for me to request a DBS check for myself, or for you to ask me to produce one as a condition of my visit. As you are unlikely to do this for a visit lasting just one day (the paperwork will be horrendous), you cannot expect me to show you a DBS check.

One further consequence of the law is that if I am offered work and then, later, that offer is retracted because I will not show you my DBS certificate because the work is not regulated, I am fully within my rights to sue you for damages and loss of earnings, with full support through my Equity union membership, as it is illegal for you to refuse me employment due to my DBS situation when I am not being employed for a regulated activity.

What is a Regulated Activity?

The HM Government Regulated Activity in relation to Children document says the following:

“The new definition of regulated activity (i.e. work that a barred person must not do) in relation to children comprises, in summary:

(i) unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/ guidance on well-being, or drive a vehicle only for children;

(ii) work for a limited range of establishments (‘specified places’), with opportunity for contact: e.g. schools, children’s homes, childcare premises.

Not work by supervised volunteers;”

Work under (i) or (ii) is regulated activity only if done regularly

The key here is the word regularly. The same document, on the next page, defines regularly as:

“Teaching, training or instruction of children, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period, or overnight.”

This means that none of my normal activities I do at your school or organisation are regulated activities, thus you do not require me to produce a DBS certificate, unless I will be visiting you on a regular basis or for more than one day in a week in a single booking.

Am I a Contractor or Visitor?

Most organisations, whether they be schools, museums, visitor attractions, etc. consider me a contractor when they employ me. As such, the following regulations from the Keeping Children Safe in Education 2023 policy guide apply:*

290. Where schools and colleges use contractors to provide services, they should set out their safeguarding requirements in the contract between the organisation and the school or college.

291. Schools and colleges should ensure that any contractor, or any employee of the contractor, who is to work at the school or college, has been subject to the appropriate level of DBS check. Contractors engaging in regulated activity relating to children will require an enhanced DBS check (including children’s barred list information).

292. For all other contractors who are not engaging in regulated activity relating to children, but whose work provides them with an opportunity for regular contact with children, an enhanced DBS check (not including children’s barred list information) will be required. In considering whether the contact is regular, it is irrelevant whether the contractor works on a single site or across several sites. In cases where the contractor does not have opportunity for regular contact with children, schools and colleges should decide on whether a basic DBS disclosure would be appropriate.

293. Under no circumstances should a contractor on whom no checks have been obtained be allowed to work unsupervised or engage in regulated activity relating to children. Schools and colleges are responsible for determining the appropriate level of supervision depending on the circumstances.

294. If an individual working at a school or college is self-employed, the school or college should consider obtaining the DBS check, as self-employed people are not able to make an application directly to the DBS on their own account.

295. Schools and colleges should always check the identity of contractors on arrival at the school or college.

*Emphasis added by me.

As I am considered a contractor, then it is up to the school or organisation if they want to obtain a DBS check for me. In this case it will be at the schools’ or organisations’ own expense. However this time and expense can be avoided by simply making sure that I am properly supervised, according to the professional judgement of the person in charge. When on-site at a school I would never expect to be alone with children at any time.

Please note, this policy should not be taken as legal advice on DBS checks, as I am not a lawyer. Whether you are another self-employed school visitor, or a school or organisation looking for guidance on this matter, please ensure that you fully research this issue yourself. Links to the relevant documents have been included in the text to help you.

* I do hold an Enhanced DBS check and I am subscribed to the DBS Update Service. However, my DBS checks are not relevant in my role as The Science Viking when paid to appear at your school or organisation and you do not have the right to ask to see them, unless it is for more than one day in a single booking. In this case, I give you automatic permission to use the DBS Update Service to check that my DBS status is still current.