Guidance

Definition of work with children

Updated 7 August 2024

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 adviser.

1. Introduction 

This leaflet explains what is included in the legal definition of ‘work with children’, describing the specific activities and jobs that are eligible for an Enhanced DBS check in the child workforce. This guidance applies whether the individuals are paid or unpaid. 

If your organisation employs people in these roles who have additional duties to those 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. More information can be found in our eligibility guidance on our website at https://www.gov.uk/government/collections/dbs-eligibility-guidance. 

This guidance applies to criminal record checks (DBS 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. Definition 

The legal definition of ‘work with children’ lists specific activities that are provided directly to children or relate to children.  

If your organisation employs anyone doing anything that is included in the definition of work with children, they are eligible for an Enhanced DBS check in the child workforce.  

Specific sections of work with children are also included in the piece of legislation that allows access to Barred List checks. Work with children includes regulated activity with children, so if your organisation employs someone who is carrying out regulated activity you can ask for an Enhanced DBS check with a Children’s Barred List check.  

Specific roles that are not regulated activity can also request a Children’s Barred List check.  

Information on this and what type of work is in the child workforce is published in our workforce guidance. 

Details of what falls into regulated activity with children can be found in our regulated activity with children leaflet.

3. Eligibility for Enhanced DBS checks 

Any roles that involve the activities listed below are eligible for an Enhanced DBS check. There is no access to a Children’s Barred List check for these activities. This list includes roles that used to be regulated activity with children before 2012, when the Protection of Freedoms Act 2012 removed them. 

If someone is doing any of the activities listed below, more than once, they meet the definition of work with children: 

• providing legal advice to children 

• any type of work in a children’s hospital, where the person doing the work has the opportunity for contact with the children being treated there and that work is for the purpose of the children’s hospital 

• work that meets the definition of regulated activity with children but is not carried out often enough (more than once, but less than 4 days in a 30-day period) 

• providing treatment or therapy to children, for example, complementary therapists – unless the work is covered by providing healthcare, care or supervision, advice or guidance in the definition of regulated activity with children  

• any work in a specified establishment that is considered (by the establishment) to be temporary or occasional – see the regulated activity with children leaflet for details of what these are 

• providing teaching, training, instruction, care, or supervision of children under what the organisation decides is reasonable supervision in line with the Department for Education statutory supervision guidance if, either:

  • the work does not take place in a specified establishment

  • it is an unpaid role in a specified establishment

3.1 Scenario 1 

A sports club employs Xavier as a sports masseur for their children’s teams and he comes to the club to do this every other Saturday. The sports club can ask Xavier to apply for an Enhanced DBS check without a Children’s Barred List check. This is because his work is providing treatment or therapy to children.

3.2 Scenario 2 

Rachel volunteers in her local primary school to help with reading practice. She goes into the school once a week to help with this and they decide that she is sufficiently supervised by the school because the teacher is in the room with her whilst she is working with the children. The school can ask Rachel to apply for an Enhanced DBS check without a Children’s Barred List check because she is providing teaching to the children on a regular basis but is a volunteer in a specified establishment under reasonable supervision.

The following activities do not need to be carried out a certain number of times: 

• registering to run a childminding agency 

• working for a childminding agency in a role that specifically involves, either: 

  • quality assurance visits to daycare or childminding premises 

  • access to sensitive or personal information about the children cared for by the agency

• anyone aged 16 and over living in the household of someone who is being assessed to work in any of the following activities or places, where they both live on the premises where the work will take place: 

  • a further education institution 

  • a 16-19 academy 

  • any of the work with children activities listed above

• anyone who holds the following specific positions:  

  • members of, or clerks to, the governing body or management committee of an educational establishment 

  • proprietors or managers of independent schools 

  • Children and Family Court Advisory and Support Service (Cafcass) officers 

  • Welsh family proceedings officer 

  • specific inspection functions in England 

  • Care Quality Commission inspectors 

  • adoption and fostering panel members 

  • trustees of children’s charities 

  • members of local safeguarding boards 

  • members of the Youth Justice Board for England and Wales 

  • Children’s Commissioner and Deputy in England and Wales 

  • Mental Capacity Deputy appointed for a child  

  • individuals seeking to manage a regulated agency or establishment for care, accommodation, or services for children 

  • lead director for children and young people’s services in Wales or Children’s Rights Director in England

3.3 Scenario 3 

Samina is a trustee of a local children’s charity. As she holds this title, the charity can ask her to apply for an Enhanced DBS check without a Children’s Barred List check.

3.4 Scenario 4 

Harry is 17 years old and lives with his parents and younger brother. Harry’s mum is a tutor at a further education college which is not a specified establishment and the family live in a house within the college grounds. As Harry is over 16 and his mum works for the college, the college can ask him and his dad to apply for an Enhanced DBS check without a Children’s Barred List check.

4. Eligibility for Enhanced DBS checks with a Children’s Barred List check 

The activities below do not need to be carried out a certain number of times. Even though these activities can access a Children’s Barred List check, they are not in regulated activity with children. 

• anyone aged 16 and over who lives in the household of someone who is being assessed to work in regulated activity with children where they both live on the premises where the regulated activity will take place 

• anyone aged 16 and over who lives or works on daycare, childcare, or childminding premises where they have the opportunity for contact with the children being cared for at those premises 

• anyone aged 16 and over who lives in fostering and private fostering households where there is opportunity for contact with the foster children – the Fostering Regulations state that this must be done for anyone aged 18 and over but there is access for 16 and 17-years-olds too 

• prospective adoptive parents or special guardians including anyone aged 18 and over who lives in the household

4.1 Scenario 5 

Talia is 19 years old and still lives in the foster home she grew up in while she goes to university. Her foster parents continue to foster other children. Talia is now considered to be an adult member of the fostering household – because of this, the fostering agency can ask Talia to apply for an Enhanced DBS check with a Children’s Barred List check.