Enhanced DBS with Barred List (2026): Regulated Activity, Workforce, and When You’re Allowed to Request It

Enhanced DBS with barred list checks are only permitted for legally eligible roles. Learn regulated activity rules, workforce selection, and compliance guidance.

Enhanced DBS with Barred List (2026): Regulated Activity, Workforce & Legal Eligibility Guide

Contents

  1. What an Enhanced DBS with barred list actually checks
  2. The golden rule: you must be legally eligible
  3. Regulated activity with children (key triggers + supervision)
  4. Regulated activity with adults (different to children)
  5. Workforce selection: Child vs Adult vs Other
  6. Starting work while waiting: separate children’s barred list checks
  7. Common eligibility mistakes (and how to avoid them)
  8. Quick decision guide + FAQs

1) What is an “Enhanced DBS with barred list” check?

An Enhanced DBS with barred list check is the highest level of criminal record screening available through the Disclosure and Barring Service (DBS) in England and Wales.

An Enhanced DBS check can include:

  • Spent and unspent convictions and cautions (subject to DBS filtering rules),
  • Relevant police-held information where deemed appropriate and proportionate,
  • And, where the role is legally eligible, a check of one or both barred lists (children’s and/or adults’).

An Enhanced DBS with barred list therefore means an Enhanced DBS check plus confirmation of whether the person is legally barred from carrying out regulated activity with the relevant group.

Barred list information is not automatically included in every Enhanced DBS check. It is only permitted where the role meets regulated activity definitions or specific legal eligibility criteria.

Cost note: The fee remains the same for an Enhanced DBS with barred list compared to an Enhanced DBS without barred list information.

For a comparison of check levels, see our internal guide to Basic vs Enhanced DBS checks.

2) The golden rule: you can only request it when you’re allowed to

In England & Wales, you cannot request an Enhanced DBS with barred list simply because it feels like the safest option. Barred list information is legally restricted.

The role must be eligible in law — usually because it meets the definition of regulated activity, or falls within a small set of other legally permitted categories.

The most reliable way to sense-check eligibility for an Enhanced DBS with barred list is:

  • Use the GOV.UK tool: “Find out which DBS check is right for your employee”
  • Use our free eligibility assessment tool
  • Confirm using DBS workforce guidance (last updated 20 January 2026)

Practical takeaway: If the role is not legally eligible, you must not request barred list information. You should step down to the correct level of DBS check or implement alternative safer recruitment controls.

Requesting an Enhanced DBS with barred list where the role is not eligible can result in rejected applications and compliance risk.

3) Regulated activity with children (key triggers + supervision)

Eligibility for an Enhanced DBS with barred list (children’s workforce) most commonly arises where the role involves regulated activity with children.

According to DBS guidance, common triggers include unsupervised:

  • Teaching, training, instructing, caring for or supervising children
  • Providing advice or guidance relating to children’s physical, emotional or educational wellbeing
  • Driving a vehicle only for children

Frequency matters (children)

For some child-related activities, frequency thresholds apply. Government guidance often describes this as “more than 3 days in any 30-day period.”

This means two roles that appear similar on paper may differ in eligibility for an Enhanced DBS with barred list depending on how often the activity takes place.

Supervision can change eligibility (children)

Supervision is a major compliance “gotcha.”

Supervised volunteers in certain specified places may fall outside regulated activity in some circumstances — but only where supervision meets the legal definition and is reasonable in all the circumstances.

In practice: If your eligibility decision hinges on supervision, document it clearly. If supervision cannot be clearly evidenced, assume the role is unsupervised for eligibility assessment purposes.

Age nuance: 16–17-year-olds at work

DBS guidance notes an important nuance: activity relating solely to a young person’s employment (for example supervising them in a workplace environment) may not count as regulated activity with children.

This distinction can affect whether an Enhanced DBS with barred list is legally permitted.

4) Regulated activity with adults (different to children)

The legal framework for adult regulated activity is different.

For adults, regulated activity is defined primarily by the activity carried out rather than supervision or frequency thresholds.

Roles that often qualify for an Enhanced DBS with barred list (adults’ workforce) include:

  • Providing personal care or assistance with day-to-day living
  • Certain healthcare activities
  • Adult safeguarding responsibilities depending on duties performed

Unlike children’s regulated activity, adult regulated activity can apply even if the activity is performed once, provided it falls within the statutory definition.

When hiring into adult social care, always begin by assessing the exact activities performed before requesting an Enhanced DBS with barred list.

5) Workforce selection: Child vs Adult vs Other

On an Enhanced DBS with barred list application, selecting the correct workforce category is critical:

  • Child workforce
  • Adult workforce
  • Other workforce

This selection affects whether children’s or adults’ barred list checks can legally be included.

DBS workforce guidance (updated 20 January 2026) should always be referenced when making this decision.

If unsure, confirm eligibility before submission using the GOV.UK checker tool or our eligibility assessment tool.

6) Can someone start work while the Enhanced DBS is pending?

This question arises frequently in education and care settings.

In specific circumstances, recruiting organisations can check the children’s barred list separately while waiting for the Enhanced DBS with barred list certificate to be issued.

Keeping Children Safe in Education (KCSIE 2025) is statutory guidance and outlines expectations around pre-appointment checks and regulated activity in schools and colleges.

If permitting someone to start before the Enhanced DBS with barred list certificate is received, you must implement documented risk controls, identity verification, supervision, and confirm compliance with Department for Education guidance.

7) Common eligibility mistakes

Mistake 1: “We’ll just request barred list to be safe.”

Barred list information is not optional. It is legally permissioned.

Mistake 2: Choosing the wrong workforce.

Mistake 3: Confusing “working in a school” with “regulated activity.”

Mistake 4: Failing to check ID correctly. Follow our ID checking guidelines to avoid delays.

8) Quick decision guide

Step 1: Describe the role in tasks, not just job title.

Step 2: Decide the workforce.

Step 3: Decide if regulated activity applies.

Step 4: Use the GOV.UK tool or our eligibility tool to confirm before requesting an Enhanced DBS with barred list.

FAQs

Can I request an Enhanced DBS with barred list for any role?
No. You can only request barred list information where the role is legally eligible.

What’s the difference between children’s and adults’ regulated activity?
Children’s regulated activity often depends on supervision and frequency. Adult regulated activity is defined by the activity itself.

Is Enhanced with barred list more expensive?
No. The fee remains the same.

Follow us