Disclaimer: This is not legal advice. If you need help with making sure you are complying with the law, you should speak to a legal advisor. 

1. Introduction 

This leaflet explains the eligibility of a range of roles across the adult social care sector. It is based on generic descriptions of the roles and their responsibilities. This guidance applies whether the individuals are paid or unpaid. 

If your organisation employs people who do not meet all the conditions outlined in this leaflet, they may be eligible for a different level of check. You will need to refer to our online eligibility tool and guidance to check this out. If your organisation employs people in different roles who perform similar duties to those in this leaflet, you should refer to our online guidance as they may be eligible for the same level of check. 

Any changes to a role or the activities that a person carries out can affect the level of check that is applicable. For more information please see our eligibility guidance which can be found on our website at https://www.gov.uk/government/collections/dbs-eligibility-guidance. 

This guidance applies to criminal record checks in England, Wales, the Channel Islands and the Isle of Man. Information on checks available in Scotland can be obtained from Disclosure Scotland. Information on checks available in Northern Ireland can be obtained from Access NI. 

We have used some scenarios in this leaflet to help you understand how the guidance works in practice. 

2. Roles in the adult social care sector

Here are some examples of different types of adult social care roles that this document will cover:

• Healthcare professionals

• Care workers

• Home share

• Befrienders

• Shared lives

• Adult social workers

• Office of the Public Guardian

• Power of Attorney

• Deputies

• Staying put

• Transportation

• Adult care settings – this section also addresses auxiliary roles such as cleaners or maintenance workers

3. Healthcare professionals 

Any role in the adult social care sector where the individual is a regulated healthcare professional and their normal duties include providing healthcare to adults is carrying out regulated activity with adults and is eligible for an Enhanced DBS check with an Adults’ Barred List check.  

Anyone working under the direction or supervision of a registered healthcare professional, is also eligible for an Enhanced DBS check with an Adults’ Barred List check.  

Working under the direction of a healthcare professional, the individual will be receiving direct instructions from the healthcare professional about how to treat the client whilst the healthcare is being provided.  

Working under the supervision of a healthcare professional means the individual is in contact with the healthcare professional while they are providing the treatment to the client 

Individuals who do not meet the criteria above but provide healthcare to people because they have been referred to them by a healthcare professional, or sought their treatment following a recommendation or advice from a healthcare processional, are not providing healthcare under the direction or supervision of a healthcare professional. This means that they are not eligible for an Enhanced DBS check with checks of either of the Barred Lists. These individuals could still be eligible for a Standard or Enhanced DBS check if they meet other eligibility criteria explained in DBS guidance. 

Work under this section only needs to be carried out once in order to be eligible for this level of check. There is no need to meet a period condition.

4. Care or support workers and assistants  

Care workers or care assistants who carry out the activities below for adults who need them because of their age, illness or disability are in regulated activity with adults. This set of activities is referred to as ‘personal care’ and if a care worker is carrying out any of them, they can be asked to apply for an Enhanced DBS check with an Adults’ Barred List check, irrespective of whether this happens in the adult’s own home, a hospital, a care home, a day care centre, a prison or in sheltered housing. 

The activities are: 

• physically assisting the adult with eating, drinking, going to the toilet, washing, dressing, oral care or care of the skin, hair or nails 

• prompting an adult to do any of the above activities because they are unable to make the decision to do these things for themselves and then supervising the adult doing them 

• providing training, instruction or advice and guidance to an adult on how to do the above activities 

Please note, haircuts and nail treatments are only included if they are required to keep the adult healthy and safe. Hairdressing appointments and beauty treatments provided for cosmetic purposes are not covered.  

4.1 Scenario 1 

Mohammad is a care worker and provides care to Danny who suffers from Dementia. He visits Danny daily to prompt him to eat and take his medication. He also prompts Danny to wash regularly and supervises him while he is doing this. Mohammad is in regulated activity with adults and can be asked to apply for an Enhanced DBS check with an Adults’ Barred List check. 

Anyone who is responsible for the regular day-to-day management of care workers and care assistants undertaking this work is also in regulated activity and eligible to apply for an Enhanced DBS check with an Adults’ Barred List check. 

4.2 Scenario 2 

Theresa is a mobile hairdresser. She goes to a care home once a month to provide haircuts and perms to the residents who want them. As she is providing this service to the care home residents who want it rather than because they need it, she is not in regulated activity, however, this role is still eligible for a Basic DBS check.  

If Theresa was to increase how often she did this to more than three days in a 30-day period, she would be in work with adults. This is because of where she provides the service as opposed to what the service is. Because Theresa would be providing a service in a care home to residents of the care home often enough, she would meet the criteria to be carrying out work with adults and be eligible for an Enhanced DBS check without an Adults’ Barred List check.

5. Adult social workers 

Social workers provide ongoing support to adults in addition to assessing and reviewing their needs. Because they are providing social work, this means they are in regulated activity with adults and can be asked to apply for an Enhanced DBS check with an Adults’ Barred List check. 

6. Transportation 

Anyone who transports adults, on behalf of an organisation, to, from or between anywhere they receive healthcare, social work or personal care so that they can access these services is in regulated activity with adults and eligible for an Enhanced DBS check with an Adults’ Barred List check. This includes roles such as hospital porters who move adult patients around hospital grounds and air ambulance pilots. Taxi drivers are specifically excluded from regulated activity with adults and so cannot apply for an Adults’ Barred List check for this specific purpose.  

Anyone who transports adults on behalf of an organisation for any other reason could be eligible for an Enhanced DBS check without the Adults’ Barred List check if those adults live in residential care, sheltered housing or live independently but are in receipt of care or assistance because of their age, illness or disability. This needs to be done on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis. The transport does not need to relate to health care appointments etc. and can include transport for recreational day trips. 

6.1 Scenario 3 

Dennis volunteers for Age UK to drive elderly people to or from hospital or doctors’ appointments because they would not be able to get there themselves. This is regulated activity with adults and so Age UK can ask him to apply for an Enhanced DBS check with an Adults’ Barred List check. 

6.2 Scenario 4 

Every Sunday, Cynthia drives the minibus for her local church, including driving elderly and disabled individuals to and from church. This is covered by the definition of work with adults, so she is eligible to apply for an Enhanced DBS check without the Adults’ Barred List check. 

7. Homeshare 

Homeshare UK brings people with spare rooms together with people who are happy to chat and lend a hand around the house in return for affordable, sociable accommodation.  

The organisation takes details of those with a spare room (the householder) and what they need from a house share. This can vary from companionship and helping with chores to doing the shopping and cooking. They are then matched with an individual in need of accommodation (home sharer) willing to provide the help requested to the householder for a minimum of 10 hours per week. Some of these activities provided can enable eligibility for varying levels of DBS checks as is illustrated by the examples below. 

In a homeshare arrangement, the home sharer would never be expected to provide personal care. If the householder requires personal care, this would be done by another service provider.  

7.1 Scenario 5 

Diego lives in Joseph’s spare room. As part of the homeshare agreement, Diego helps Joseph with the financial day-to-day running of the home, such as doing the shopping or helping him pay his bills. If Diego is doing this because Joseph needs this help because of his age, illness, or disability, then he will be carrying out regulated activity with adults and can apply for an Enhanced DBS check with an Adults’ Barred List check. 

7.2 Scenario 6 

Amberley lives in Carolyn’s spare room. Amberley provides various types of assistance to Carolyn around the house, who needs this to be able to live independently. Because she does this every day, she is carrying out work with adults and is eligible to apply for an Enhanced DBS check without an Adults’ Barred List check. 

7.3 Scenario 7 

Luka lives in Arabella’s spare room. He provides companionship and shares the cooking and cleaning of the house with Arabella. For this type of arrangement, Luka can apply for a Basic DBS check. 

8. Befrienders  

Befrienders generally provide companionship and conversation. Whether this is done face-to-face or digitally using Zoom, Skype etc, the individual can be asked to apply for a Basic DBS check. If the role involves more than this, then depending on what other activities are being done the befriender could be eligible for a higher level of DBS check.  

8.1 Scenario 8 

Gill volunteers as a befriender for a local charity. Her role involves visiting elderly people in their own homes to have conversation and help prevent loneliness. As the activities Gill is doing meet the dictionary definition of befriending, she can be asked to apply for a Basic DBS check by the charity if they decide they need to have this. 

8.2 Scenario 9 

Billy works for a dementia charity call centre. His role as a befriender involves providing advice to the adults and he works there three days a week. As his role requires him to work with adults who are in receipt of healthcare and he is providing advice to them, he meets the criteria for work with adults, and is eligible for an Enhanced DBS check without a Barred List check. If Billy did not do this often enough to meet the definition of work with adults as outlined in our Adult Workforce Guide then he could still be asked to apply for a Basic DBS check. 

8.3 Scenario 10 

Tracey works as an NHS befriender. Her role involves feeding patients who are unable to feed themselves because of their age, illness, or a disability. As Tracey is providing personal care, she is in regulated activity and is eligible for an Enhanced DBS check with an Adults’ Barred List check. 

9.  Shared lives 

Shared lives organisations assess a person’s needs and then place that person with a carer, in the carer’s home, on a long term, overnight or respite basis. The person is treated as a member of the family, but the shared lives carer is paid.  

9.1 Scenario 11 

Lauren is a shared lives carer and provides personal care to Samira, such as bathing, feeding, toileting and dressing whenever she stays with her because Samira has a disability that means she cannot do this for herself. Lauren is carrying out regulated activity with adults by doing this and so is eligible to apply for an Enhanced DBS check with an Adults’ Barred List check.  

9.2 Scenario 12 

If instead, Lauren is providing any kind of assistance to Samira who needs this to be able to live independently, and Lauren is doing this on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis, then she is carrying out work with adults and is eligible to apply for an Enhanced DBS check without an Adults’ Barred List check. 

9.3 Scenario 13 

Where a family member acts a backup carer this does not exclude them from being in regulated activity, provided there is a third party making the suitability decision. 

If Lauren’s husband, Rowan, was helping Lauren to care for Samira, then if they were providing personal care this would be regulated activity with adults and both Lauren and Rowan would be eligible for an Enhanced DBS check with an Adult’s Barred List Check.  

If they were not providing personal care, this would still be work with adults and they would both be eligible for an Enhanced DBS check only.  

10. Office of the Public Guardian 

Staff working within the Office of the Public Guardian who have access to data relating to adults are eligible for a Standard DBS check. 

11. Power of Attorney  

Individuals given Power of Attorney responsibility for someone are eligible to be asked by the Office of the Public Guardian to apply for an Enhanced DBS check with an Adults’ Barred List check, even where they are family or friends.  

This activity is included in the legislative definition of regulated activity with adults, as the individual will be providing ‘relevant assistance in the conduct of a person’s own affairs’. This definition states that relevant assistance includes anything done on behalf of a person by virtue of a Lasting Power of Attorney, or an Enduring Power of Attorney.  

12. Deputies appointed by the Court of Protection 

The position on Power of Attorney responsibility mentioned above also applies to individuals who have been given the power to make decisions on a person’s behalf under an order by the Court of Protection. Individuals who are appointed under such an order are referred to as deputies.  

As with Power of Attorney, family members or friends acting as a deputy are carrying out regulated activity with adults. Appointed deputies are eligible for an Enhanced DBS check with an Adults’ Barred List check, because they are appointed to this role by the Court of Protection, and so it is not a personal arrangement. 

13. Staying Put 

These arrangements are for children in foster care who stay on in the foster home once they reach 18 years old and become an adult. The arrangements exist to support the transition of a looked after child into adulthood. The foster carer may be asked to apply for an Enhanced DBS check in the following scenarios: 

• If the foster carer provides personal care to the adult because they need it due to having an illness or disability, they are eligible to apply for an Enhanced DBS check with an Adults’ Barred List check 

• If the foster carer provides supervision, teaching, training or instruction, assistance, advice or guidance to the adult because of their illness or disability on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis, they are eligible to apply for an Enhanced DBS check without the Adults’ Barred List check 

14. Adult care settings 

In some cases, eligibility can exist for DBS checks because of where someone works. Here we will address some of the adult social care settings:

• Care homes including Nursing homes

• Sheltered housing/Supported living

• Domiciliary care

• Day centres

15. Care homes including Nursing homes 

Anyone who carries out any type of work in a care home, that is not regulated activity, which gives them the opportunity to have contact with the adults living there and do this on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis, is eligible for an Enhanced DBS check without an Adults’ Barred List check. This can also apply to auxiliary workers such as cleaning, administration and maintenance staff.   

Anyone who works there less often but has the opportunity for contact with the people who live there in the course of their work is eligible to apply for a Standard DBS check.   

15.1 Scenario 14 

Fergus is a musician and has a contract with a local care home to provide entertainment for the people living there every Sunday afternoon in the lounge. This work meets the criteria for work with adults and so the care home can ask him to apply for an Enhanced DBS check without an Adults’ Barred List check.    

15.2 Scenario 15 

Hanna volunteers as a reader in a care home. She reads to the people living there two evenings a week. She is carrying out work with adults and so is eligible to apply for an Enhanced DBS check without an Adults’ Barred List check.  

15.3 Scenario 16 

Dale is contracted by a third-party organisation to provide the same arts and crafts activities to people in several different care homes five days a week, because Dale provides this service often enough to meet the period condition, he is carrying out work with adults and is eligible for an Enhanced DBS check without an Adults’ Barred List check. 

16. Sheltered housing/Supported living 

Many adults choose to live in sheltered accommodation to enable them to continue to live independently. Unlike residential homes there is no eligibility for DBS checks for individuals working for sheltered housing schemes. Individuals who only maintain the public areas of the housing scheme can be asked to apply for a Basic DBS check.  

Some sheltered housing scheme staff may have responsibility for helping the people who live there with the financial day-to-day running of their homes because of their age, illness or disability. If their responsibilities include one or more of the following, they are eligible to apply for an Enhanced DBS check with an Adults’ Barred List check:  

• shopping on their behalf 

• paying their bills 

• managing their cash  

If their role requires an individual to provide advice and guidance or assistance to any of the people living there to help them to remain living independently and they do this on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis then they are eligible for an Enhanced DBS check without an Adults’ Barred List check. 

16.1 Scenario 17 

Alexei works for the sheltered housing scheme and provides a shopping service to the people living there who are unable to do their shopping for themselves. They give him their shopping lists and money and he returns their shopping and change. He is carrying out regulated activity and so is eligible to apply for an Enhanced DBS check with an Adults’ Barred List check. 

16.2 Scenario 18 

Paula works as a cleaner in the sheltered housing scheme. As well as maintaining the cleanliness of the communal areas, she provides assistance to some of the people living there by cleaning their apartments twice a week. Because of this additional duty, she is carrying out work with adults and can be asked to apply for an Enhanced DBS check without an Adults’ Barred List check. 

17. Domiciliary care 

Domiciliary care is for anyone who wants to stay in their own home but may need some extra help with personal care, medication management, household tasks or any other activity for that to happen.  

For individuals who provide personal care to adults, please see the section on care workers.

Where a domiciliary care worker does not provide personal care they can still be eligible for an Enhanced DBS check without an Adults’ Barred List check if they provide any form of advice, assistance or instruction to someone who needs it because of their age, illness or disability, in the person’s home, and they do this on more than three days in a 30-day period, once overnight between 2am and 6am or at least once a week on an ongoing basis. 

17.1 Scenario 19 

Malachy is employed as a home help and goes into a variety of homes five days per week to carry out different activities, depending on what the homeowner needs. The help he provides includes tidying and cleaning, doing washing and ironing and cooking meals and this is all done to help the adults to continue living independently in their own homes. He does not carry out any aspects of personal care for the adults. Malachy is carrying out work with adults so eligible to apply for an Enhanced DBS check without an Adults’ Barred List check.   

17.2 Scenario 20 

Anaya works for the same company but does provide personal care. She helps people dress, wash and go to the toilet. She also prompts them to take medication and supervises them to make sure they do this. Even if she only does this once she is in regulated activity and eligible to apply for an Enhanced DBS check with an Adults’ Barred List check. 

18. Day care centres 

Day care centres need to look at the activities undertaken by individual roles to work out what level of DBS check is available as there is no eligibility based solely on where it takes place. 

It is worth noting, that for any role concerned with the provision of care services to adults where they have contact with the adults receiving the service while carrying out their duties will be able to obtain at least a Standard DBS check.   

18.1 Scenario 21 

Aziz volunteers at an adult day care centre each week. He does paint and craft activities with the service users. Because his role is involved in the provision of care services for adults, he is eligible to apply for a Standard DBS check. 

18.2 Scenario 22 

Jola also volunteers at the adult day care centre but helps with the lunches. His duties are to serve the lunch and then help to feed and prompt/supervise those who need it. This is regulated activity with adults and so he is eligible to apply for an Enhanced DBS check with an Adults’ Barred List check.

19. Links and Contact

Further information can be found on the DBS website. You may find the following pages useful:

www.gov.uk/find-out-dbs-check (our eligibility tool)

www.gov.uk/government/publication/dbs-workforce-guidance

Information about regulated activity with children is also available from the Department for Education (DfE)

www.gov.uk/government/publications/new-disclosure-and-barring-services

Information about regulated activity with children is also available from the Department of Health and Social Care (DHSC)

www.gov.uk/government/publications/new-disclosure-and-barring-services

NHS employers provide a range of sector specific guidance on their website and have an eligibility tool for NHS roles

www.nhsemployers.org/case-studies-and-resources/2017/04/dbs-eligibility-tool

General enquiries: customerservices@dbs.gov.uk 

Corporate relations: communications@dbs.gov.uk 

Telephone: 0300 020 0190 

Welsh language line: 0300 020 0191 

Minicom: 0300 020 0192 

Website: www.gov.uk/dbs