Higher level DBS checks for self-employed and personal employees
Self-employed individuals and personal employees, who are eligible for enhanced DBS checks, will be able to access the higher levels of check once amendments to legislation have been passed in the new year.
Currently, those who are not working within regulated sectors, nor carrying out work for a registered body, can only access a basic DBS check. This limitation also applies to contexts where an individual is working for a personal employer.
The updates will only apply to the following:
- those who are in regulated activity with children and/or adults, to get an enhanced with barred list check
- those carrying out activities which would have been regulated activity with children and/or adults before Section 66 of the Protection of Freedoms Act 2012, to get an enhanced check
- those who carry out activities with children infrequently, which if carried out frequently would be regulated activity, to get an enhanced check.
Those eligible will be able to apply for an enhanced DBS check through a registered body. Personal employers or those using the services of someone who is self-employed can ask to see the check, however, it remains the choice of the individual as to whether they share this or not.
The Ministry of Justice is planning to lay the secondary legislation to enable this change on 20 November 2025, with a coming into force date of 21 January 2026, subject to parliamentary approval and processes.
