DBS home-based positions: case studies
Updated 2 November 2021
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This publication is available at https://www.gov.uk/government/publications/dbs-home-based-positions-guide/dbs-home-based-positions-case-studies
Scenario 1:
A local authority is considering an application to register someone as a foster carer. They can submit a check because legislation allows.
…placing children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989(e) or the Children (Northern Ireland) Order 1995(f) or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children),…
They can also request a check on adult members of that fostering household because legislation allows.
…obtaining information in respect of any person who is - i) aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006; or ii) aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006…
*Although fostering regulations state that checks should be done on those aged 18 or over living in the household, DBS checks can be submitted for those aged 16 or over. You should follow guidance from DfE in this situation.
What the legislation does not do is determine what ‘living in the same household’ means. However, the policy intent is that the persons involved should inhabit the same household and not live in separate houses.
The purpose of sending the application for a home-based check is to allow the police to consider information held not only on the applicant, but also on a family member, relative or close friend associated with the applicant’s home address. As the legislation permits disclosure of ‘any information’, this too may be considered for disclosure on a DBS certificate.
Such information will usually be considered for applications that indicate that the applicant will have a vulnerable person in their own home. The police need to have a reason to believe that the person in question poses a risk and that they may gain relevant access to the child or vulnerable person(s), through the applicant, before a disclosure of police information can be considered.
Scenario 2
Faith based roles in the safeguarding arena.
Where a member of a church carries out eligible work with children or vulnerable groups from the place where he or she lives, a home-based check can be requested as part of the DBS application for a DBS check.
Scenario 3
If the applicant provides any form of teaching or instruction from their own home, by telephone or over the internet to children they do not meet the criteria for a home-based check.
This is because the children are not present in the home of the person providing that teaching or instruction.
Scenario 4
If a nanny or au pair looks after children in the children’s home and also lives there, then the criteria for a home-based check is met.
When completing a DBS application form for this type of check, please make sure you complete the Position Applied For field x61 as follows ‘Live in Nanny’ or ‘Live in Au Pair’. This will help police forces when considering the appropriate disclosure of approved information.