New DBS Check Regulations for Self-Employed Workers to Be Introduced
Starting from 21 January 2026, significant legislative reforms will enable self-employed individuals and personal employees to independently request Enhanced and Enhanced with Barred List(s) Disclosure and Barring Service (DBS) checks. This marks a notable shift in the current process, which necessitates that an employing organisation initiates such checks on their behalf.
Details of the Changes
Under the forthcoming regulations, self-employed workers and personal employees who receive remuneration for their services will have the opportunity to apply for Enhanced DBS checks through an accredited DBS umbrella body, provided their employment role meets the established eligibility criteria. This change aims to streamline the application process for individuals in various sectors.
Who Will Benefit?
The new provisions are expected to be particularly advantageous for professionals like:
- Private tutors who conduct lessons directly for children
- Personal employees engaged directly by individuals, including those working under direct payments or personal health budgets
What Remains the Same?
Despite these changes, existing processes for DBS checks will persist without alteration. Individuals employed by an organisation or providing contracted services can continue relying on their employers to apply for checks on their behalf. Additionally, the eligibility requirements for Enhanced DBS checks stay unchanged, meaning only roles that qualify under current guidelines are eligible for application.
Application Process
Self-employed individuals and personal employees interested in obtaining a DBS check will need to apply via a registered DBS umbrella body. The find an Umbrella Body tool on the GOV.UK platform will assist users in locating organisations that process checks specifically for self-employed persons.
Standard DBS fees will apply, along with potential administration costs billed by the Umbrella Bodies involved in the process.
Guidance for Private Individuals
For those considering hiring a self-employed worker or personal employee, it’s important to note that they are not permitted to apply for DBS checks on behalf of the candidate. Instead, applicants are responsible for securing their own checks through an umbrella body. Employers can, however, request to see an original DBS certificate as part of their employment decision-making, and may utilise the free DBS Update Service to confirm the current status of a certificate.
For further detail, readers may refer to the guidance available on employing self-employed individuals and personal employees on the GOV.UK website.
Background
The introduction of these changes addresses a current gap in the DBS check process for self-employed individuals, which has previously limited their ability to independently verify their suitability for roles involving vulnerabilities such as working with children or vulnerable adults. As the workforce becomes increasingly diverse, the government aims to ensure that self-employed professionals have fair access to essential safeguarding checks.
Source: official statements, news agencies, and public reports.
https://www.gov.uk/government/news/self-employed-workers-and-personal-employees-can-now-apply-for-enhanced-dbs-checks
