Managing the applicant only disclosure and continuous updating – Model regulations

Last updated: 26 Feb 2014 Topics: Safe recruitment

These model regulations (PDF) are designed to help national governing bodies manage the practical implications of the changes introduced by the Protection of Freedoms Act 2012 relating to Disclosure and Barring Service (DBS) Enhanced Disclosures.

This document was made available soon after these changes were implemented. Subsequently, several issues have been raised about aspects of the regulations:

  • the assumption that organisations would permit individuals to work with children (subject to adequate supervision) pending receipt of a DBS disclosure
  • and guidance that such arrangements could continue for up to three months

In consultation with a number of sports bodies and legal experts, the following amendments have been made to the model regulations:

  • an option is included for organisations to choose not to employ individuals in roles with children pending DBS disclosure receipt
  • the suggested timescale has been reduced to 6 weeks for those organisations choosing the alternative approach

The revised regulations also emphasise the need to clarify when a temporary suspension is imposed due to a failure to provide access to a DBS disclosure (ie a procedural matter), rather than when it results from concerning information arising on a disclosure.

The basis of the regulations has not been amended.

This document has been prepared by Brabners Chaffe Street LLP for the Sport and Recreation Alliance and the Child Protection in Sport Unit.

Related resources

See our safer recruitment pages for help and advice on general processes and procedures relating to this topic, as well as other information about DBS and AccessNI records checks.

Download the model regulations (PDF)