Our work to strengthen safeguarding

About our safeguarding project

Our safeguarding project looks at the arrangements that the Accredited Registers and statutory regulators have in place to assure themselves that people they register are having appropriate criminal record checks. 

What are criminal record checks?

Criminal record background checks are essential for keeping patients and the public safe. They are conducted by different agencies, depending on where in the UK the work is being carried out: 

England and Wales – Disclosure & Barring Service (DBS)

Scotland – Disclosure Scotland

Northern Ireland – AccessNI

Employers carry out most of these checks. Some regulators and Accredited Registers conduct criminal records checks for self-employed registrants. 

Our work to date

So far, we have focused on the arrangements for the Accredited Registers. These organisations hold voluntary registers of people working in health and care roles that are not required by law to be registered. To be accredited by us, they must meet our Standards for Accredited Registers. You can find out more about who the Accredited Registers are here.

Accredited Registers have found it hard to access criminal record checks for their registrants. This has meant a gap in checks for registrants who are self-employed.

In March 2022 we launched a pilot scheme to understand more about the circumstances in which Accredited Registers can make these checks. Following this, we consulted publicly on whether to widen these checks in future. 

You can read more about the pilot and our work on safeguarding arrangements for Accredited Registers here. 

Government review

In February 2022 the Government announced its Independent Review into the Disclosure and Barring Regime. The purpose of the review was to assure Ministers about the effectiveness of the disclosure and barring regime in safeguarding children and vulnerable adults and included: 

  • Reviewing the definition of ‘regulated activity,’ to determine who needs a higher-level background check (DBS check)
  • Eligibility gaps for background checks for self-employed individuals
  • The roles of the statutory regulators and Accredited Registers in the background check process. 

The report of the Independent Review, ‘the Bailey Review’, was published in 2023. It made nine recommendations that the government is now considering. We will need to consider the impact of the government’s response to the recommendations on our work with the regulators and Accredited Registers.   

Next steps

In July 2023, our Board decided to extend our safeguarding work to consider the arrangements for the statutory regulators. This allows us to take a more consistent approach.

The scope of the project is to: 

  • Engage with the Government (UK health departments, the Home Office, and the Ministry of Justice) to explore potential legislative changes to the criminal records check framework and broader safeguarding policies.  
  • Assess the potential risks to public safety and public confidence arising from any weaknesses in the current safeguarding and criminal records check procedures used by Accredited Registers and regulators. This assessment will be informed by internal data, external data from Accredited Registers and regulators, relevant literature, and stakeholder engagement. 
  • Understand current practices through engagement and consultation with stakeholders to get a better understanding of the risks and challenges associated with the current criminal records check arrangements implemented by Accredited Registers and regulators. 
  • Develop a clear policy stance regarding the existing criminal records check procedures of Accredited Registers and regulators, as well as broader Government safeguarding policies. 
  • Decide whether to revise our requirements for the regulators and Accredited Registers’ criminal records checks and other safeguarding measures such as mandatory duties for reporting. 
  • Explore opportunities to strengthen internal safeguarding practices, including reviewing existing reporting policies and facilitating improved information sharing between Accredited Registers and regulators. 

Regular updates about progress will be provided on this page. If you have any questions, please contact safeguardingproject@professionalstandards.org.uk 

Further information about criminal records checks within the UK nd regulators. 

Checks in Scotland

Changes are underway to criminal record checks in Scotland. The scheme in place operates on a different basis from that in the rest of the UK. The information below has been provided by Disclosure Scotland, for Accredited Registers.

What type of criminal record check should be used for an individual on a regulated profession or on one of the accredited registers?

The type of check appropriate for the role on an accredited register will depend on what the duties of the role involve. You should check with the relevant agency if you are unsure which type of criminal record check to apply for.  

We recommend that the highest level of check available for the role is carried out as part of safe recruitment practice.  

The PVG Scheme

The Protecting Vulnerable Groups (PVG) membership scheme is managed and delivered by Disclosure Scotland. It helps ensure people whose behaviour makes them unsuitable to work with children and protected adults cannot do 'regulated work' with these vulnerable groups. A PVG Scheme member's certificate shows the information available on the day it was created. Membership of the scheme lasts forever though, and scheme members are continuously checked unless they decide to leave the scheme.

Not all roles on accredited registers will be eligible for PVG membership and it’s important that you only access PVG checks when you’re entitled to do so. You can find out more about the types of work covered by the PVG Scheme on the Disclosure Scotland website.  

What type of PVG check can I use if I am employed by an organisation or if I have been employed under a contract of service/contract for services?  

If you’re working for an organisation in a role considered to be 'regulated work', your employer can ask you to join the PVG Scheme, either by applying for a Scheme Record or a Short Scheme Record. You can find out more about this on the Disclosure Scotland website.

These types of certificates confirm the individual’s scheme membership details, along with details of vetting information (or state that there is no vetting information).  

What type of PVG check can I use if I am self-employed?

If you're self-employed and doing regulated work for an individual (rather than for an organisation), you can join the PVG scheme without an organisation countersigning your application.

This is known as a Scheme Membership Statement application. If you're working for an individual (a personal employer), you can choose to ask them to countersign your application. They'll be sent a copy of your PVG certificate.

A Scheme Membership Statement will confirm the individual’s scheme membership details and, if provided, the name and address of the personal employer. You can find out more about this on the Disclosure Scotland website.