Joint Guidance on DBS eligibility checks for FRA roles

Introduction – DBS Eligibility checks for Fire and Rescue Authority roles

This guidance has been produced in partnership between the Disclosure and Barring Service (DBS) and the National Fire Chiefs Council (NFCC) Safeguarding Board. The DBS helps employers make safer recruitment decisions by processing and issuing DBS checks for England and Wales. DBS also maintains the Adults’ and Children’s Barred Lists and makes considered decisions as to whether an individual should be included on one or both of these lists and barred from engaging in regulated activity.

The purpose of this guidance is to provide a framework for all fire and rescue services in England and Wales to understand what eligibility checks should be considered. For more information on services within Scotland and Northern Ireland refer to local guidance.

There are four types of DBS check, and each type results in a DBS certificate being issued to an individual. Employers can then ask to see the certificate to ensure that they can consider proportionate risk mitigation measures, where necessary.

The information contained on each type of check is detailed in the table below:

Type of Check	Conviction and Caution Information Included	Relevant Police Intelligence Included
Basic	Unspent ONLY	No
Standard	Spent and Unspent (subject to filtering)	No
Enhanced	Spent and Unspent (subject to filtering)	Yes
Enhanced with (relevant) Barred List(s)	Spent and Unspent (subject to filtering)	Yes

Details of when conviction or caution information becomes spent can be found in the Rehabilitation Periods Guidance.

Regulated Activity

“Regulated Activity” refers to a number of activities that a person may undertake when working with children or adults; those activities are prescribed in legislation. Anyone working in regulated activity is eligible for an Enhanced with (relevant) Barred List check.

Guidance about regulated activity with children has been published by the Department for Education (DfE).
Information about regulated activity with adults is available from the Department of Health and Social Care (DHSC).
The DBS have produced a number of leaflets which may be useful in determining whether activities being undertaken by fire and rescue authority employees would be considered regulated activity.

Anybody who has been barred by the DBS must not carry out regulated activity; it is a criminal offence to seek regulated activity employment once barred and employers must not knowingly employ a person who is barred to undertake such a role.

Work with children or adults

There are certain positions and activities with children (under 18s) and with adults that defines as work with children or adults. These are not regulated activity. These positions, activities and people are all set out in legislation. Where a regulated activity is being carried out, but it is not being done often enough this is also considered work with children or adults. Anyone working with children or adults as defined in legislation will be eligible for an enhanced DBS check.

Guidance about work with children can be found in the Child Workforce Guide, including overnight care.
Guidance about work with adults can be found on page 2 and in Annex 1 of the Adult Workforce guide

Line Management considerations

If a person is working in regulated activity, then their immediate line manager/ supervisor is also eligible for an Enhanced with (relevant) Barred List checks.

However, this eligibility does not follow up a cumulative line management chain and therefore after the immediate line manager, subsequent eligibility for further management roles must be considered individually (looking at activity and frequency) and not rely on line management supervision to bring in eligibility for an Enhanced with (relevant) Barred Lists DBS check.

Fire and Rescue Authority employees

Due to the inclusion of fire and rescue authority employees in the Rehabilitation of Offenders Act (Exceptions) Order 1975; eligibility for a Standard Level of DBS check is available for all who work or volunteer for fire and rescue authorities. This guidance will support fire and rescue authorities in providing the opportunity of guidance to enable these necessary checks.

However, depending on activities undertaken by those working for fire and rescue authorities, the frequency of those activities and risk assessment undertaken by the authority, there may be some discretion for employees to be eligible for Enhanced levels of DBS checks (with or without Barred List checks). The ‘Overview of Eligibility’ table provides explanations and scenarios that seek to address some of the more common roles within a fire and rescue authority, this list is not an exhaustive list for all roles held within a fire and rescue authority.

From a DBS and eligibility point of view, the role is not important, it is the activity being carried out and the frequency of that activity, which should be used to determine eligibility for DBS checks. Each role will need to be individually risk assessed.

The terminology and protocols in this guidance, may differ within local arrangements and for devolved administrations, any reference should be made to local guidance and legislation for information in Scotland and Northern Ireland.

Overview of Eligibility

Role (A to Z)	Level of Check available
Apprentice (other than Firefighter)	Eligibility would follow the same as for any full-time equivalent (FTE) role that an Apprentice is undertaking.
Apprenticeship Trainers/ and support roles	STANDARD if they are working with the apprentices in the work setting. ENHANCED WITH (child) BARRED LIST (for apprentices who are aged 16-17): If they are teaching, training, providing advice, guidance or supervision in a classroom setting often enough to be regulated activity.
Area Manager	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff in regulated activity.
Assistant Chief Fire Officer/ Deputy Chief Fire Officer	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff in regulated activity.
Business Safety Advisor	STANDARD
Chief Fire Officer	STANDARD ENHANCED WITH (both) BARRED LIST CHECKS if line managing any member of staff in regulated activity.
Community Safety Fire Officer	STANDARD if services available to general public, within which there will be some who may incidentally be “vulnerable” within the definition of Annex 1. ENHANCED WITHOUT BARRED LIST (adult workforce): If services (activities detailed within paragraph 6 of the guidance) likely to be provided wholly or mainly for adults who are in receipt of support under paragraph 9 or 10 and undertaken often enough.
Data & Performance Roles	STANDARD
Fire Cadet	Over the age of 16: STANDARD Fire Cadets are uniformed; both when attending training or representing their service. A core feature of the Fire Cadet Programme is representing or volunteering for their local service. Those that are 16 or over and that work alongside or volunteer in a role that involves working with other under 18s or vulnerable people, require a DBS check. For other uniformed Children and Young People (CYP) schemes, consideration should be given to the regularity of the engagement, and the age ranges of all children attending. Legislation post-2012 Government changes to this system in September 2012 made the minimum age necessary for DBS check eligibility to be 16 years old.
Fire Cadet Instructor	ENHANCED WITH (child) BARRED LIST CHECK if providing the service often enough, for example, at any time on more than three days in any 30-day period, or once overnight between 2am and 6am with the opportunity for face-to-face contact with the child(ren). ENHANCED WITHOUT BARRED LIST (child workforce) if service does not meet the period condition above. Cadet units with “vulnerable adults” attending: ENHANCED WITHOUT BARRED LIST (adult workforce) ONLY if the vulnerable adults meet the definition within Annex 1 of the guidance and if the Instructors are teaching, training, supervising them often enough, for example, more than three days in a 30-day period, or once overnight, or once a week on an on-going basis.
Fire Cadet Support Roles	STANDARD ENHANCED WITH (child) BARRED LIST CHECK if providing care for or supervision of children on more than three days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children and/or line managing those in regulated activity.
Fire Cadet Volunteer Instructor	ENHANCED WITH (child) BARRED LIST CHECK if providing the service often enough, for example, at any time on more than three days in any 30-day period, or once overnight between 2am and 6am with the opportunity for face-to-face contact with the child(ren). ENHANCED WITHOUT BARRED LIST (child workforce) if service does not meet the period condition above. Cadet units with “vulnerable adults” attending: ENHANCED WITHOUT BARRED LIST (adult workforce) ONLY if the vulnerable adults meet the definition within Annex 1 of the guidance and if the Instructors are teaching, training, supervising them often enough, for example, more than three days in a 30-day period, or once overnight, or once a week on an on-going basis Would be eligible for a volunteer check, as such being free-of-charge (in England and Wales).
Fire Control Personnel	STANDARD if not providing direction to members of the public, to deliver first aid. ENHANCED WITH (relevant) BARRED LIST CHECKS if providing direction to members of the public to deliver first aid from direction or with supervision by a Healthcare professional. For further clarification and information on the check required for this role, see the NFCC Fire Control Guidance Framework.
Full time Firefighter	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if undertaking any other duties that would bring in regulated activity.
On-call Firefighter
Apprentice Firefighter
Fitness Team	STANDARD ENHANCED WITH (child) BARRED LIST only if working with children (not as part of a work-based apprenticeship) often enough (at any time on more than three days in any 30-day period, or at once overnight between 2am and 6am with the opportunity for contact with the child(ren)).
General Staff Working from a Fire Station	STANDARD unless any other activity carried out by staff working from a fire station or line management of a person in regulated activity would bring in a higher-level check. Simply working from a fire station would not bring eligibility for a higher check if contact with others would be incidental and not specifically part of the role. If particular staff members were directed to undertake regulated activity or activity that would fall in to either work with children and/or adults, then those activities should be considered to determine the appropriate level of check.
Group Manager	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff in regulated activity.
Head of Safeguarding / Professional Adviser / Named Person (and/or deputy)	STANDARD if not working on local authority safeguarding boards or line managing any member of staff in regulated activity. ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff who is in regulated activity. ENHANCED without BARRED LISTS CHECKS if working on the local authority safeguarding board.
Human Resources (HR) Roles	STANDARD
Line Management for Apprentices	Eligibility would follow that of the Apprentice – if the Apprentice is in regulated activity, then the immediate line manager would also be in regulated activity and have access to ENHANCED WITH (relevant) BARRED LIST checks. STANDARD if the line manager does not have eligibility through conferred regulated activity and if they are not providing classroom-based teaching, training.
Non-Uniformed/ Volunteer Youth Officer	ENHANCED WITH (child) BARRED LIST CHECK if providing a direct service often enough, for example, at any time on more than three days in any 30-day period, or at any time between 2am and 6am (subject to consideration of supervision guidance for volunteers only). VOLUNTEERS: ENHANCED WITHOUT BARRED LIST (child workforce) if service does not meet the period condition above, or if the volunteer is suitably supervised by another paid member of staff in regulated activity who has, an Enhanced with Barred List check, according to supervision guidance. Would be eligible for a volunteer check, as such being free-of-charge (in England and Wales).
Occupational Health Roles	STANDARD if the Occupational Health Therapists are not regulated by the Health and Care Professions Council. ENHANCED WITH (adults) BARRED LIST only if the Occupational Health Therapists are regulated by the Health and Care Professions Council.
Safe and Well Officers	STANDARD if services available to general public, within which there will be some considered to be “vulnerable” within the definition of Annex 1. ENHANCED WITHOUT BARRED LIST (adult workforce) if services (activities detailed within paragraph 6 of the guidance) likely to be provided wholly or mainly for adults who are in receipt of support under paragraph 9 or 10 and undertaken often enough.
Safeguarding Designated Responsible Officer	STANDARD if not working on local authority safeguarding boards or line managing any member of staff in regulated activity. ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff who is in regulated activity. ENHANCED without BARRED LISTS CHECKS if working on the local authority safeguarding board.
Safeguarding Professionals	STANDARD if the criteria below is not met. ENHANCED WITHOUT BARRED LIST (adult workforce) only if those being visited are in receipt of support/services as defined in paragraphs 9 or 10 within Annex 1 of the guidance, if the activity being undertaken in that visit is listed in paragraph 6 of the same Annex and if it is being done often enough i.e. more than three days in a 30-day period, or once overnight, or once a week on an on-going basis.
Safeguarding Office Support staff (case management)	STANDARD
Specialist Youth/ Adult Intervention Scheme such as, Firebreak/Life	ENHANCED WITH (child) BARRED LIST CHECK if providing the service often enough, for example, at any time on more than three days in any 30-day period, or at any time between 2am and 6am. ENHANCED WITHOUT BARRED LIST (child workforce) if service does not meet the period condition above. ENHANCED WITHOUT BARRED LIST (adult workforce) only relevant to adults if they meet the definition within Annex 1 of the guidance (paragraphs 9 or 10) and if they are supervising them often enough, for example, more than three days in a 30-day period, or once overnight, or once a week on an on-going basis in which case.
Safety Advisory Group Member	STANDARD
Staff working within Property Services with access to all areas of all Fire and Rescue Service premises.	STANDARD
Station/ Crew/ Watch Manager	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if line managing any member of staff in regulated activity.
Support Roles Technical Support Roles IT Support Roles Finance Support Roles	STANDARD
Uniformed or Non-uniformed Staff Member Visiting schools to deliver presentations/ assemblies. Delivering educational intervention 1:1 or in groups Delivering Junior Fire Setters (or equivalent) interventions 1:1 or in groups	ENHANCED WITH (child) BARRED LIST CHECK if activity is carried out often enough, for example, at any time on more than three days in any 30-day period – this does not have to be in the same school nor to the same young person and/or people. ENHANCED WITHOUT BARRED LIST CHECK if the period condition above is not met.
Volunteer Roles	STANDARD ENHANCED WITH (relevant) BARRED LIST CHECKS if volunteer role meets the definition of regulated activity. For more information on Volunteers see DBS check: application process for volunteers.

Responsibilities

Volunteer applications

The DBS definition of a volunteer for England and Wales is defined in the Police Act 1997 (criminal records) Regulations 2002 as:

“Any person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party and not a close relative.”

Only standard or enhanced (with or without barred list checks) volunteer applications are free-of-charge, this is applicable in England and Wales and is not available in Northern Ireland. For more information on Volunteers see DBS check: application process for volunteers

To qualify for a free-of-charge criminal record check, the applicant must not:

benefit directly from the position for which the DBS application is being submitted.
receive any payment (except for travel and other approved out-of-pocket expenses).
be on a work placement.
be on a course that requires them to do this job role.
be in a trainee position that will lead to a full-time role/qualification.

It is stated on the DBS application form “By placing a cross in the yes box (at section 68) you confirm that the post meets the DBS definition for a free-of-charge volunteer application. Please note that DBS may recover the application fee if box 68 is marked in error and this could result in the cancellation of your DBS registration”.

Renewal of DBS Checks

It is often recommended within safer recruitment guidance that DBS checks are renewed every 3 years. DBS checks do not have an official expiry date, as a result DBS checks are only completely accurate on the day that they are issued by the DBS. A conviction could be recorded any time after completing the DBS check and therefore it is important to check the issue date on the certificate.

It is ultimately the responsibility of an employer to determine if new DBS checks are required and when they should be renewed.

DBS Update Service

The Update Service is an online service provided by Disclosure & Barring Service (DBS), it enables applicants keep their Standard and Enhanced DBS Certificates up to date. This is applicable in England and Wales and not available in Northern Ireland

While an individual can show anyone their certificate most employers, or those making a suitability decision, will want to know that the information is up to date when using an existing certificate. As such, it is recommended that certificates are checked to ensure they are accurate.

Any applicant can take their DBS Certificate from role to role if applying for a position within the same workforce, where the same type and level of check is required. However, the Update service also allows employers to carry out instant online status checks on DBS Certificates that are linked to an applicant’s subscription, with their consent.

This service has a cost per year and starts from the date your DBS Certificate was issued. There is no charge if you are using a volunteer application or certificate to join the Update Service. The Disclosure and Barring Service (DBS) Update Service can be accessed using this link DBS Update Service.

Eligibility Scenarios

Firefighter/ Officer / First responder

Jenson is a full-time firefighter crew member. Jenson is expected to attend emergency callouts to put out fires, rescue people and/or animals and to provide first aid as required. Jenson is eligible for a Standard DBS check as their activities at work do not bring them into any form of regulated activity.

However, Jenson is interested in promoting fire safety and the fire service to children. Jenson is also keen to be involved in the ‘Firebreak’ project working as a mentor with youths who are at risk of offending. As part of Jenson’s on boarding to this new role, Jenson will be asked to obtain an Enhanced DBS check in the child workforce with a check of the Children’s Barred List, as this role will mean that Jenson is now undertaking activities which would be considered regulated activity.

Aisha is an on-call firefighter in a remote area of the country. Aisha is expected to attend the same kind of emergency callouts as a full-time firefighter. Aisha attends regular training sessions however is only on duty when a call comes in. For this they receive a one-off annual retainer of £3000. Because of this, Aisha does not meet the DBS definition of a volunteer, and their DBS check must be paid for.

Student/ Apprentice Firefighter

Joseph is an apprentice firefighter. As Joseph’s apprenticeship progresses, they are expected to carry out more and more functions of a full-time firefighter including incidental first aid as required by operational requirements. This means that Joseph can be asked to apply for a Standard DBS check.

Fire station manager

Laura is a fire station manager. Although as part of Laura’s normal duties does not attend calls, Laura is the direct line manager of firefighters/watch managers who do. However, as those staff members are not in regulated activity, Laura can be asked to apply for a Standard DBS check.

If Laura was a manager of any member of staff who was in regulated activity and who had been asked to obtain an Enhanced with Barred List check, Laura would also be in regulated activity and would also have to obtain the same level of check.

Community fire safety officer

Lina is a member of their local fire and rescue authority. Lina’s responsibilities include:

Carrying out safe and well visits targeted at the vulnerable to ensure their homes are safe for them to live in.
Carrying out safety visits in care homes.
Visiting the homes of the general public to assess fire safety equipment and to fit smoke alarms.
Carrying out all administration of the above visits.

If Lina is expected to attend safe and well visits on more than three days in any period of 30 days, Lina can be asked to apply for an Enhanced DBS check in the adult workforce without a check of the Children’s or Adults’ Barred Lists. If Lina is not likely to carry out the safe and well visits often enough, they can be asked to apply for a Standard DBS check.

Designated responsible person / Head of Safeguarding/ Safeguarding Officers

Sophie is the Head of Safeguarding at a fire and rescue service. Sophie acts in this capacity as a decision member of local authority safeguarding boards, relating to both children and adults as well as a strategic advisor for safeguarding to the service. Sophie’s role also involves overseeing home visits or 1:1 meetings for case work where they have access to personal and sensitive records.

Sophie’s work on the local authority safeguarding boards means that Sophie can be asked to apply for an Enhanced DBS check in the child and adult workforce without a check of either of the Barred Lists.

Visiting schools

Jarek is a support member of staff who works for a fire and rescue service as an Education Officer. On a weekly basis, Jarek visits various schools to provide fire safety talks to pupils aged 4 to 18. Because of this, Jarek can be asked to apply for an Enhanced DBS check in the Child Workforce with a Children’s Barred List check. This level of check is normal for anyone who is expected to visit schools on more than three days in a 30-day period to work with children.

Mike is a firefighter crew member. Mike occasionally visits schools to assist with education visits that are aimed at children aged 5-7. Mike goes on these visits once or twice a month. As Mike is not on school premises as often as Jarek, they can be asked to apply for an Enhanced DBS check without a check of the Children’s Barred List.

Educational Intervention

Olivia works for their local fire and rescue service as a Juvenile Fire Setter Advisor. This involves working with children and young people who are at risk of fire-setting. As Olivia is predominantly working with children, they are asked to apply for an Enhanced DBS check in the child workforce with a check of the Children’s Barred List.

Business safety advisor

Mattheus is a Business Safety Advisor for a Fire and Rescue Service. Their role involves visiting businesses to carry out fire safety assessments and inspections. Mattheus can also be called on to visit business premises in this guise when it is believed that refugees are living there. As Mattheus is not responsible for caring for, or providing any kind of service to the refugees, but does have a lot of contact with the general public, the service decide that a Standard DBS check is appropriate for their role.

Support roles

Steven has applied for a job as a Technical Support Officer at a Fire and Rescue Service. The service carried out a risk assessment to determine what level of DBS check was most appropriate for the role. The role is eligible for a Standard DBS check.

The service also carried out a risk assessment on their Finance Officer and IT Officer roles to determine which level of DBS check was appropriate, again all roles are eligible for a Standard DBS check.

Supervision exemption

Aaron is a volunteer Fire Cadet Instructor. Aaron teaches and supervises the cadets one day a week and so is carrying out regulated activity with children. The Fire Station Manager has decided that while Aaron is teaching the cadets, Aaron is always sufficiently supervised by the Senior Instructor on site and so they are not in regulated activity with children. This means Aaron is eligible for an Enhanced DBS check in the child workforce without a Children’s Barred List check.

If the Fire Station Manager decided that Aaron was not suitably supervised by another person who was in regulated activity whilst Aaron was teaching the cadets, then Aaron would be eligible for an Enhanced DBS check in the child workforce with a Children’s Barred List check.

Fire Control Personnel

Paris is a fire control professional, and their role involves working in a fire control room, taking emergency calls from members of the public, mobilising fire service resources and liaising with other emergency services as required. At times this may involve providing direction to members of the public on how to carry out first aid but is always done so under the direction and supervision of the Ambulance Service. This means that there is eligibility for an Enhanced with both Barred Lists checks. For further clarification and information on the check required for this role, see the NFCC Fire Control Guidance Framework.

References for further information

Department for Education Statutory guidance: Regulated Activity (children) – supervision of activity with children which is regulated activity when unsupervised

EqIAs - Joint guidance on DBS eligibility checks for Fire and Rescue Authority roles - July 2023

Note for all: Equality Impact Assessments are live documents and updated accordingly for revision.

Joint guidance on DBS eligibility checks for Fire and Rescue Authority roles

The joint guidance on DBS eligibility checks for Fire and Rescue Authority roles is one of the three pieces of guidance being published in July 2023. This guidance has been produced in partnership between the Disclosure and Barring Service (DBS) and the National Fire Chiefs Council (NFCC) Safeguarding Board. The DBS helps employers make safer recruitment decisions by processing and issuing DBS checks for England and Wales, whilst also maintaining the Adults’ and Children’s Barred Lists and makes considered decisions as to whether an individual should be included on one or both of these lists and barred from engaging in regulated activity.

The guidance affects all representatives of the Fire and Rescue Authorities in England and Wales including those who are employees, employers and volunteers and provides a framework for fire and rescue services to understand what eligibility checks should be considered. Further information on services within Scotland and Northern Ireland should refer to local guidance.

An Equality Impact Assessment (EqIA) has been conducted on the Guidance and considers the nine protected characteristics in accordance with the Equality Act 2010 and does not envisage any adverse impact.

All DBS applications will be made in accordance with legislation and guidelines, and it is unlikely that an adverse DBS certificate is received as a result of any of the protected characteristics of the Equality Act 2010. DBS applications will only be made only when relevant to the job role. Certificates will be assessed on their own merit, with decisions being taken regarding the information contained in them, rather than being taken based on the individual. At the same time, we recognise the need to ensure each FRS recognises reviews existing internal process for DBS and to conduct DBS checks in a sensitive way for people who have received /undergoing gender re-assignment.

This guidance outlines a procedural approach designed to ensure that DBS certificates are requested in line with legislation and guidance from the Home Office. All applicants requiring DBS checks for particular roles in the fire and rescue service are treated equally and fairly.