The Protection of Freedoms Act 2012 introduced changes to the structure and requirements of the Criminal Records Bureau (CRB). The CRB and Independent Safeguarding Authority were merged into the Disclosure and Barring Service (DBS) and people now have Disclosure and Barring, DBS checks.
England Netball is committed to ensuring all young people and adults at risk are able to take part in the sport in a safe and enjoyable environment. The requirement to have a satisfactory Enhanced with Barred List check carried out before an individual takes up a role with young people or adults at risk, is a crucial part of us being able to live up to that commitment. It enables informed risk assessments to be carried out.
Enhanced with Barred List checks disclose any reprimand, caution and other sentences, recorded locally and the Police National Computer. Other information held by the Chief Police Officer may also be disclosed, at their discretion, if the information is considered relevant to the role the individual is applying for.
A Barred List check reveals whether or not an individual (the Applicant) has been barred from working with young people or adults at risk, by a court order.
Barred List Checks
The requirement to have an Enhanced with Barred List check has been amended and is no longer merely defined by whether or not a person is taking part in controlled activities or has contact with young people. The requirement is now triggered by the role the person is carrying out, falling within the definitions of a regulated activity.
Regulated Activity
Regulated activities are defined as:- Unsupervised teaching, training, instruction, care for, treatment or supervision of young people
If a person is carrying out one of these regulated activities, there is a second trigger:- That the activity is carried out frequently, ie once a week, or more than 4 times in a 30 day period, or overnight
This frequency test is not dependent on where the activity is carried out, so doing it 4 times in a 30 day period in 4 different locations/clubs/roles means the frequency has been met.
In making a decision about whether or not someone needs to have a Barred list check, it is most helpful to look at the actual role(s) carried out.
Supervision is not simply a question of whether other people can see and hear the person. It is assessed by looking at whether the supervisor has on-going, day to day responsibility for the protection of young people.
For example: an Assistant Coach may take a training session on their own, or in an area away from the main coaching session. The Assistant would then have supervisory responsibility for the safety of the young people they are providing instruction to, and would need an Enhanced with Barred List check done.
The supervision test applies to the worker, not to the protection of the young people. The person having supervisory responsibility must themselves be in a regulated activity, have constant and on-going responsibility for the worker; be confident and knowledgeable enough to carry out the role, and be prepared to carry the responsibility of such a role. It is not possible for 2 people to supervise each other; there must be one person who is responsible for the other(s).
Consideration needs to be given to what is “reasonable in the circumstance” to ensure the protection of the young people, when thinking about whether the person has supervisory responsibility. The things to consider are:-
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The ages of the young people, including whether these vary widely;
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The number of young people the person is working with;
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Whether or not there are workers helping to look after the young people;
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The nature of the persons role;
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How vulnerable the young people are;
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How many people are being supervised by each supervising person.
More detailed guidance is available from the Sports and Recreation Alliance
View the Sports and Recreational Alliance flow chart.
Regulated activity with adults at risk is defined by the nature of the activity and does not have any supervision or frequency requirements. The activities which trigger eligibility for an Enhanced with Barred List check for those working with adults at risk are, one or more of:-
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Contact by providing health care (not simple First Aid);
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Contact for personal care eg assistance with washing, eating etc;
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Contact for social work;
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Contact for the purpose of assisting with household matters;
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Contact for assistance with personal affairs (ie power of attorney);
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Contact for the purpose of transporting.
There is no requirement for a DBS check for someone carrying out any of these activities when they are doing so through a personal relationship.
Typical Roles within a Netball Club
Although it is important to look at the actual activity of a person, a start point for considering who needs an Enhanced with Barred List DBS check is the usual roles found within a netball club. Looking at each of these and the functions they carry out should help to focus on the reasons why a person needs to have an Enhanced with Barred List check done. Some roles will qualify for Enhanced with Barred List checks under the old criteria, which still apply.
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Assistant Coach – this person supports the coach, taking some of the session activities, or some of the players. This person’s role is likely to be within the definition of regulated activity. Is the person supervised by the coach at all times? This will vary, but where they are not supervised at every stage of their activity, they will have supervisory responsibility for the protection of the players, where those players, or some of them, are under 18 years of age. This is particularly the case where an Assistant Coach takes a training session by themselves. Therefore they must have an Enhanced with Barred List check.
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Ball Patrol Supervisor - this person is responsible for managing the young people who take care of the balls at an event; providing instruction as to how the tasks are to be carried out. As such, they are responsible for the supervision of these young people, and would fall within the definition of regulated activity. Frequency needs to be considered.
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Catering staff – these people provide refreshments to players and others attending the club or event. As such they do not fall within the definitions of a regulated activity.
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Chair – a management role, concerned with policies, day to day management and decision making. This role would not in itself have any part of it which falls within the definition of regulated activity.
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Child Safeguarding Officer – responsible for ensuring that the members of a club are aware of and behave in accordance with the EN Safeguarding in Netball Policy framework. They are the point of contact for any safeguarding concerns to be reported to and the person who liaises with the EN Lead Child Protection Officer. This person’s role falls within the definition of a regulated activity under the Safeguarding Vulnerable Groups Act 2006.
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Coach – this person is responsible for developing the player’s ability, individually and within a team; has responsibility for the physical and mental wellbeing of the players in a netball setting and will have supervisory responsibility for the players at the training sessions or events. This person would fall within the definition of regulated activity, as they are providing instruction and training and it would usually be at least once a week. Where the players, or some of them, are under 18 years of age, therefore they must have an Enhanced with Barred List check.
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Driver – driving a vehicle to transport young people, and any person supervising or caring for the young people, which is only used for that purpose. This falls under the Safeguarding Vulnerable Groups Act 2006. This would not apply to parents giving young people lifts in their cars.
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First Aider – this role is responsible for providing personal care and administering first level medical assistance to a player. As such, the activity would fall within regulated activity. The second question is whether or not they are supervised in this role. Then, the frequency test needs to be satisfied to determine whether or not this person must have an Enhanced with Barred List check or could simply have an Enhanced check.
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Mentor – supporting the person’s development and progress through the learning of skills necessary to become an official. This role would fall within the definition of teacher, tutor or instructor, and so should have an Enhanced with Barred List check.
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Officials – this role is responsible for keeping the score. They do not have any supervisory responsibility for the young people involved in the activity, and as such would not fall within the definition of a regulated activity.
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Officiating Assessors - Assessing the ability of a young person’s officiating skills does not entail teaching, instruction or training, and hence if this is the only role undertaken, would not fall within the definition of a regulated activity.
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Officiating Tutors – these roles are responsible for the teaching and instruction of umpiring or officiating the game. As such, the tutoring role would fall under the definition of a regulated activity. Where this is being carried out for under 18s, the person must have an Enhanced with Barred List check.
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Primary Carer – this person is responsible for providing treatment to any player injured on the court. They are providing treatment for a young person and as such this would fall within the definition of regulated activity. The question of supervision would depend on whether that person is acting under the supervision of the coach, or any other person with supervisory responsibility for the protection of the young people playing in the game. The frequency of their acting in this role would then need to be considered, as to whether it is once a week, or 4 or more times in a 30 day period, at any club or event. If it meets this test, an Enhanced with Barred List check must be carried out.
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Scouts – this person is responsible for attending events in order to identify players with the potential to play and compete at the higher levels of the game. As such they would not have supervisory responsibility for the players at those events and would not fall within the definition of regulated activity.
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Secretary – an administrative role, supporting the Chair in handling the day to day management and administration of the club. This role would not in itself fall within the definition of a regulated activity.
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Team Manager – this person is responsible for the overall supervision of the team and their play. As such they fall within the definitions of regulated activity therefore an Enhanced with Barred List check must be done.
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Treasurer – a management/finance role, taking care of the financial management of the club. This role would not in itself fall within the definition of a regulated activity.
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Umpire – this person is responsible for ensuring games are played in accordance with the rules. They would not, in this role, have supervisory responsibility for the protection of the young people playing in that game. As such, the role would not in itself fall under the definitions of regulated activity. Junior League Club Umpires may have more of a training or supervisory role, than senior club Umpires, in which case the guidance applying to coaches would be more relevant and they must have an Enhanced with Barred List check.
Enhanced Checks
Enhanced DBS checks can be carried out on those individuals who are carrying out the roles set out above, but do not meet the frequency test or who are supervised at all times.
In the reality of the netball world, many people carry out more than one function. In deciding whether or not each person needs to have an Enhanced with Barred List DBS check carried out, the full range of their activities should be looked at in the round, not in isolation.
A person under the age of 16 cannot have a DBS check carried out.
It is important to achieve the correct balance of fulfilling our duty to protect the young people and adults at risk taking part in netball activities, with the legal requirement not to over check, which is a criminal offence. This Guidance is designed to assist in reaching decisions as to who should be having a DBS check and what level of check should be required; it is not definitive.
Where can I get more information?
For more information about the DBS process visit:
https://www.gov.uk/government/organisations/disclosure-and-barring-service