Tag: DBS checks for performers

In short no, but here’s a longer explanation.

A DBS (Disclosure and Barring Service) check is not legally required for entertainers performing in care homes because the role of a care home entertainer does not fall under the definition of “regulated activity” as defined by UK safeguarding legislation.

Why DBS is Not Required

1. Definition of Regulated Activity: The Safeguarding Vulnerable Groups Act 2006 defines regulated activity with adults as work that involves:
   • Providing healthcare.
   • Providing personal care.
   • Providing social work.
   • Assisting with cash, bills, or shopping.
   • Managing the person’s affairs.
   • Transporting an adult to receive health, personal, or social care.

   Entertaining is not included in this list because it does not involve these direct care or supervisory activities. Simply being in the same space as vulnerable adults is not a regulated activity.

2. Legal Restrictions on DBS Requests: Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and Police Act 1997, employers can only request DBS checks for roles that meet the regulated activity criteria. Asking for a DBS check for an unregulated role is illegal because it breaches data protection laws and the individual’s rights.
3. Misinformation and Fear: Insisting on DBS checks for care home entertainers perpetuates the myth that they are inherently a safeguarding risk or pose a danger to vulnerable individuals. This narrative unfairly stigmatises entertainers and discourages talented individuals from working in care homes. Such views spread unnecessary fear among care home managers, residents, and their families, creating a barrier for professionals simply bringing joy and engagement.

Relevant Legislation

1. Safeguarding Vulnerable Groups Act 2006: This Act sets out what qualifies as a regulated activity with adults and children. It is clear that roles such as entertainers, musicians, or performers are not included unless they engage in regulated tasks like personal care or supervision.
2. Police Act 1997: This Act governs the types of roles eligible for DBS checks. It limits checks to roles that involve substantial contact with vulnerable groups through regulated activity.
3. Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975: This legislation protects individuals’ spent convictions from disclosure unless their role is exempted, such as those engaging in regulated activity. For entertainers, their role does not qualify as an exemption.

In Summary

Care home entertainers do not require a DBS check because their work is not classified as a regulated activity under UK law. Misleading claims that DBS checks are mandatory perpetuate myths, creating unnecessary stigma and fear. Furthermore, it is unlawful for care homes to request DBS checks for roles outside the scope of regulated activity, as outlined in the Safeguarding Vulnerable Groups Act 2006 and the Police Act 1997.

If you encounter care homes insisting on DBS checks for entertainers, it’s worth reminding them that their request might be in breach of the law and that safeguarding policies should align with the actual legal requirements.