Name: DBS Checks
Brand: Care Check
SKU: 1
Rating: 4.9 (1700 reviews)

How is DBS legislation changing for self-employed people?

Since the Disclosure and Barring Services inception, there has been a distinction in access to safeguarding checks between being self-employed individuals operating in spaces requiring safeguarding, and employees of companies operating in the same environment.

Under current legislation, if you were a private tutor (self-employed) working directly for a family, you were not eligible for a Standard DBS Check, or an Enhanced DBS Check. The highest level of criminal record check available to you was a Basic DBS Check. This is despite your exposure to vulnerable adults, and children being equal / similar to that of a teacher in a school, or a pre-school nurse in a nursery.

This framework has led to a number of instances, some of which have been heavily reported in the press, where insufficient safeguarding reduced the protection of vulnerable persons, leading to the abuse of those children and vulnerable adults who are safeguarded to a greater extent in conventional employee / employer settings such as with teachers and schools

Why Weren’t Basic DBS Checks Adequate?

While Basic DBS Checks are designed to reveal any unspent convictions or conditional cautions, these checks fail to address the most severe risk factors, as it does not include:

– A check of the Children’s Barred List, or the Adults’ Barred list.
– Any relevant, non-conviction information held by local police forces.

In short, a self-employed professional working with vulnerable people could not prove they were not on a statutory Barred List; a situation that has been a long-standing concern for parents, clients and the wider industry.

What Does The 2026 Self-Employed DBS Check Legislation Mean?

The introduction of revised legislation in January 2026 is effectively plugging that critical gap.

An amendment to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is set to come into effect in January 2026 (expected to be around the 21st January).

This change means that self-employed individuals and those personally employed by a household (such as Personal Assistants or Nannies) will, for the first time, be able to:

– Approach an Umbrella Body (UB) directly, like Care Check.
– Apply for Enhanced and Enhanced with Barred List DBS Checks, provided their role is legally eligible (the rules around eligible roles and activities have not changed).

The Disclosure and Barring Service (DBS) is working with government departments to ensure all guidance is in place, meaning everything is moving towards a confirmed start date. Until the commencement date is official confirmed, applications cannot be submitted.

How to Prepare for 2026’s Legislation Changes?

This is a monumental shift that will lead to the transformation of the self-employed sector, bringing about a greater level of professionalism and a trustworthiness that has been, to date, missing.

We would recommend that to prepare 2026, you pre-register with us so that we can keep you up-to-date with commencement guidance, and last-minute legislative updates. You can do this, by registering here.

Additionally, we would recommend familiarising yourself with the Barring List, and what Standard DBS Checks and Enhanced DBS Checks provide, how they are carried out and how long they take through some of our other blog content.