1. Safeguarding Adults in Sport
DBS and You
Linda Hackett
Safeguarding Outreach
July 2019

2. 2
Public
Safeguarding
environment

3. Where do you and DBS fit in the recruitment
lifecycle?
Getting the
right level of
checks at
the right
time
Act swiftly
on the
certificate
information
Recognise
types of
harmful
behaviour
and conduct
Remove the
risk
Tell DBS
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4. Understand:
• Who your organisation provides services for –
children/adults/both?
• What the role involves
• How often it is performed
• When you need to consider if it is supervised work
• Where the role is performed
There are some different rules for roles in Wales
• DBS online eligibility guidance
• https://www.gov.uk/government/collections/dbs-eligibility-guidance
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How to decide what level of check you
are entitled to request?

5. DBS workforces
Police Act 1997 (Criminal Records) regulations separate
eligibility for enhanced DBS checks into:
Work with children – the child workforce
Work with adults – the adult workforce
Everything else – the other workforce
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6. Who is the service for
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ADULT
A person who is aged 18 or over

7. What is done for the adult and how often
Regulated activity
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Day to day managers of staff in regulated activity roles are
also in regulated activity
These roles only need to be done once
1. Health care
– doctors, nurses, health care assistants
2. Personal care
– washing and dressing, eating, drinking and
toileting
3. Social work
‒ provided by a social care worker to an adult
who is a client or potential client

8. What is done for the adult and how often
Regulated activity
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These roles only need to be done once
4. Assistance with the day-to-day financial
running of the adult’s own household
− managing cash, bills or shopping
5. Assistance with the conduct of an adult’s
affairs
− power of attorney, deputies appointed
under Mental Health Orders
6. Conveying an adult
− must be for health, personal or social care
due to age, illness or disability

9. Regulated Activity with adults
examples in the Sports sector
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• Health Care Professionals
• Personal Care providers because of
age illness or disability
• Conveying of a particular person or
groups of people to health care,
personal care or social work services
may be required for age illness or
disability reasons

10. First Aid Providers
• Health care provided by first aiders is only
regulated activity if it is provided on behalf of an
organisation set up for the purpose of providing
first aid e.g. St John Ambulance.
• This would not apply to applicants who volunteer
to be first aiders alongside their primary role.
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11. Drivers
• If someone has a contract or arrangement with a third
party to drive adults to receive health care personal care or
social work because the adult cannot due to age illness or
disability then the driver is in regulated activity with adults
even if the driver only does this once.
• This does not apply to applicants who are driving adults as
part of a private arrangement
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12. Managers and Supervisors
• If any person is employed to act as a day to day manager
or supervisor of someone in regulated activity with adults ,
then this manager or supervisor will also be regulated
activity with adults.
• This means you can request an enhanced DBS check with
a check of the adults barred list.
• It also means that you have a duty to refer that person to
DBS if you have dismissed them for a safeguarding
incident
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13. Children in adults’ sports
• This guidance will apply if it is anticipated that children are
likely to be part of an open aged sports team
• Consider the following questions:
– Have children been part of the team during the previous season?
– Have children registered to join the team for the forthcoming
season?
• If the answer to one or both of these questions is ‘yes’ then
you need to consider if they are in regulated activity with
children
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14. Regulated activity with children
examples in the Sport sector
• Supervising children on overnight stays
• Sports coaches
• Sports therapists
• Pool lifeguards
• Volunteer drivers*
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15. Work with adults which is not
regulated activity– the rules
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Step 1: The adult must be 18 or over and
Receiving a listed health or social care service or
Receiving a listed activity set out in legislation
Step 2: The employee must provide one or more of the activities below
– Train, teach, instruct, provide assistance, advice or guidance
– Care for, supervise, provide treatment or therapy
– Moderate a public interactive electronic communication service
– Work in a care home
– Drive adults under contract arrangements
Step 3: Carry out the work often enough

16. Are the adults in receipt of:
• Residential accommodation/Sheltered housing
• Accommodation at a residential special school
• Care (needed because of age, illness or disability)
• Healthcare – treatment, therapy or palliative care
• Support, assistance or advice to live independently
• Any service provided because of the adults age, illness or
disability
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Work with adults – Health or social
care service examples

17. Working with adults-the challenges
• Establishing eligibility for people working with adults can
be more difficult
• How do you determine if an individual is receiving a health
or social care service?
• What, if any, Data Protection challenges are there?
• How do you balance adhering to Adults at Risk legislation
and Police Act regulations for access enhanced DBS
checks for working with adults?
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18. Work with adults – examples in sport
Coaches
• A coach for an adults’ football team set up specifically for
blind people may be eligible for an Enhanced check only if
the organisation employing them has a reasonable
expectation that most of the adults are receiving a health
care or social care service and he does it often enough
• If this football team is mostly made up of adults that are not
receiving a health care or social care service, then the
coach could only apply for a Basic check
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19. Work with adults –examples in sport
Referees, umpires and other officials
• A referee in a wheelchair basketball league may be eligible
for an enhanced check only. The organisation running the
league must have a reasonable expectation that a majority
of the adults are receiving a health care or social care
service
• The role must include caring for or supervising the players,
and they must be doing this often enough
• If the league is mostly made up of adults that are not
receiving a health care or social care service then the
referee could only apply for a basic check
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20. • Regulated Activity Providers
– Employers or voluntary organisations who are
responsible for the management or control of regulated
activity and make arrangements for people to work in
regulated activity
• Personnel suppliers
– An employment business, employment agency or an
educational institution that makes arrangements with a
person with a view to supplying that person to
employers to undertake regulated activity
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Duty to refer

21. 22
ONE:
You withdraw permission
to engage in regulated
activity:
•Dismissed
•Redeployed
•Retired
•Redundant
•Resigned
When two main conditions have been met:
TWO:
You think that the person has
either:
• Satisfied the harm test or
• Engaged in relevant conduct
or
• Received a caution for, or
been convicted of a relevant
offence
Power to referWhen must you refer?

22. Examples of Abuse and Harm
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Assault
Hitting
Slapping
Misuse of
medication
Improper
restraint
Cc
Physical
Abuse
Sexual
abuse
Rape
Indecent
exposure
Sexual
harassment
Inappropriate
looking or
touching
Psychological
abuse
Financial abuse
Emotional abuse
Threats of harm or
abandonment
Humiliation
Blaming
Controlling
Cyber abuse
Theft
Fraud
Internet
scamming
Misappropriation
of property,
possessions or
benefits

23. Meeting your legal duty to refer
What does a good quality referral look like?
• Timely
– balance the need for a swift response with a need for sufficient
documentary / supporting evidence
• Accurate and fully completed referral form
– recognition of any gaps, if present
• Chronology
– detail the sequence of events from initial notification to the final
outcome
• Relevant information
– To facilitate the DBS decision making process
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24. Meeting your legal duty to refer
What does a good quality referral look like?
• Training and supervision records
• inclusion of accurate, dated training and supervision
records
• Internal and external investigative and disciplinary
processes
• all elements, including interviews, police intervention
and/or multi-agency meetings. NB include recruitment
and additional employment information i.e. any
previous misconduct or complaint
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25. Impact of being barred from regulated
activity across UK jurisdictions
Children’s Barred List - not allowed to engage in
regulated activity with children in England, Wales
and Northern Ireland.
• They are also not allowed to carry out regulated
work with children in Scotland
Adults’ Barred List - not allowed to engage in
regulated activity with vulnerable adults in England,
Wales and Northern Ireland.
• They are also not allowed to carry out regulated
work with protected adults in Scotland
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26. Legal consequences
• Working, seeking work or offering to work in
regulated activity when barred on the relevant list:
– Criminal Offence – Maximum penalty 5 years
imprisonment and / or fine
• A person permitting an individual they know or has
reason to know is barred from regulated activity to
engage in regulated activity:
– Criminal Offence – Maximum penalty 5 years
imprisonment and / or fine
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27. Meeting your legal duty to refer
Something to consider
• If you don’t make the referral to DBS who will?
• If you don’t make the referral to DBS how will we know?
• If you don’t make the referral to DBS the person may go on to
cause further harm to a vulnerable person.
• If you do make the referral to DBS we will consider all of the
evidence when deciding whether the person should be barred
• We will only bar them from working with vulnerable groups if it
is the right thing to do
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28. Thank you
Any questions?
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