Enhanced DBS & Barred List Checks for Pedicab Drivers & Registered Healthcare Professionals
In previous articles, we have described the nature of Certificates issued by the Disclosure and Barring Service (DBS), and the potential damaging effect such Certificates may have on individuals. We have also shared the steps taken by the team at KANGS to challenge proposals for inclusion on a ‘barred List,’ and how we achieve successful outcomes for our clients.
Amendments to the Police Act 1997 (Criminal Records) (Amendment) Regulations 2025, (the ‘New Regulations’), which are in force from 21st January 2026, broaden the scope for conducting criminal record checks in England and Wales to include pedicab drivers and registered health care professionals.
Helen Holder a Partner at KANGS explains the types of checks that can be carried out by the DBS and provides an outline of the new amendments.
What are the different types of DBS checks?
As part of their recruitment process, an employer may request the DBS to conduct:
- a Basic DBS check, which shows unspent convictions and conditional cautions,
- a Standard DBS check, which shows spent and unspent convictions and adult cautions, taken from the Police National Computer, which have not been filtered in line with legislation,
- an Enhanced DBS check, which shows the same as a standard check plus any information held by local police considered relevant to the employment role in consideration,
- an Enhanced with Barred List DBS Check, which includes everything shown in an enhanced check, plus an additional check to see whether the applicant appears on the Adults’ Barred List, Children’s Barred List, or both.
An employment applicant cannot undertake a standard or enhanced DBS check on themselves and must obtain an application form from the employer seeking the Disclosure Check. A basic DBS check can be obtained by an individual.
The New Regulations
Regulation 2
An application for an enhanced criminal record certificate, including suitability information relating to both children and vulnerable adults, may be made for the purpose of assessing an applicant’s suitability to:
- obtain or hold a pedicab driver licence and
- work or continue to work as a registered health care professional employed or engaged by the Secretary of State for Work and Pensions, or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions.
Regulation 3
Provides that:
- holders of a pedicab driver licence and
- registered health care professionals employed or engaged by the Secretary of State for Work and Pensions or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions to assess children or vulnerable adults,
are eligible for enhanced criminal record checks together with checks against the Children’s and Adults’ Barred Lists.
Effectively, the amendments provide a definition for ‘registered health care professional’ thereby matching the wording in section 39(1) of the Social Security Act 1998, making them and individuals holding a London pedicab driver licence, eligible for an enhanced DBS check including Barred Lists checks.
Pressing Reasons for the New Regulations
Pedicab Drivers
Previously, there was an inconsistency between London-based pedicab drivers, which were only required to undertake a basic DBS check, while those located outside London faced an enhanced check plus a check on the Adults’ and Children’s Barred Lists. This has now become a single national standard.
Healthcare Professionals
Historically, these healthcare professional roles were not designated as a ‘regulated activity’ under the Safeguarding Vulnerable Groups Act 2006, and only a basic DBS check was required.
Under the New Regulations an enhanced DBS check plus a check on the Adults’ and Children’s Barred Lists is now required. This change aims to strengthen safeguards for vulnerable individuals.
How We Can Help You
The New Regulations represent a targeted and significant enhancement of the safeguarding regime for London pedicab drivers and the defined healthcare professionals. They also strengthen existing law and provide additional assurance for the protection of vulnerable groups.
However, this change may affect the ability of those mentioned to continue working in their current professions. The team at KANGS possess extensive experience in advising and representing clients who wish to contest the relevancy or accuracy of information contained in their DBS Certificate.
Our team is also highly experienced in assisting clients who have received 'Minded to Bar' letters from the Disclosure and Barring Service or have been listed on the Barred List.
If we can be of assistance, please contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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