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Safe Recruitment and Vetting in Domiciliary Care (Children and Adults)

Recruiting staff to work in domiciliary care (providing personal care in clients’ homes or community settings) requires robust vetting and safeguarding measures. In England, extra legal and regulatory steps apply when staff will work with children and young people (0–18), compared to those working only with adults. This report outlines the key requirements and highlights additional measures for child-facing roles, drawing on relevant legislation and guidance – including the Children Act 1989/2004, Working Together to Safeguard Children, Keeping Children Safe in Education, and advice from the CQC, Ofsted, and the DBS. The goal is to inform a recruitment policy that remains compliant and covers both adult and child service users.

Legal and Regulatory Framework

Children (0–18): Key Safeguarding Legislation & Guidance

Children Act 1989 and Children Act 2004

The Children Act 1989 provides the principal statutory framework for safeguarding and promoting the welfare of children and establishes important responsibilities relating to children in need, child protection and parental responsibility.

The Children Act 2004 strengthened arrangements for organisations and agencies to work together to safeguard children.

Section 11 of the Children Act 2004 places specific statutory duties on designated organisations and agencies to ensure that their functions, and services commissioned by them, are discharged having regard to the need to safeguard and promote the welfare of children.

Although an independent domiciliary care provider is not automatically a section 11 body solely because it provides care to children, {{org_field_name}} will maintain safeguarding arrangements consistent with applicable legislation, Care Quality Commission requirements, commissioning arrangements and current statutory safeguarding guidance.

Working Together to Safeguard Children 2026

{{org_field_name}} will have regard to Working Together to Safeguard Children 2026 when providing services to children and young people.

Our safeguarding arrangements will include:

Crime and Policing Act 2026 and Regulated Activity with Children

Section 139 of the Crime and Policing Act 2026 amended the Safeguarding Vulnerable Groups Act 2006 by removing the supervision exemption from regulated activity with children with effect from 1 September 2026.

Accordingly, supervision must no longer be relied upon as a reason for treating a role involving relevant activities with children as outside regulated activity where the statutory conditions are otherwise met.

Roles must be assessed according to the actual activities undertaken and, where relevant, their frequency.

Where a person provides healthcare or personal care to a child, this may constitute regulated activity without a frequency requirement. Personal care includes relevant assistance with activities such as eating, drinking, toileting, washing, bathing or dressing.

Where a person teaches, trains, instructs, cares for or supervises children in other circumstances, the applicable statutory criteria concerning the nature and frequency of the activity must be considered.

Where a role is regulated activity with children, {{org_field_name}} will ensure that the role is assessed for the appropriate Enhanced DBS check and Children’s Barred List information and that no person who is barred from regulated activity with children is permitted to undertake such activity.

Keeping Children Safe in Education 2026

Keeping Children Safe in Education 2026 is statutory guidance specifically for schools and colleges and does not directly govern {{org_field_name}} as a domiciliary care provider.

However, relevant safer-recruitment principles contained within the guidance may be considered as additional good practice where appropriate, including:

Where any requirement in education-sector guidance differs from the legislation or regulatory requirements applying to domiciliary care, {{org_field_name}} will follow the requirements applicable to its own regulated service.

Ofsted and Childcare Regulations: Domiciliary care agencies providing personal care to children may fall under Care Quality Commission regulation (see below), but if a service is registered with Ofsted (for example, a children’s home or certain daycare services), additional rules apply. Ofsted’s regulations mirror many safe recruitment requirements. For instance, the Children’s Homes (England) Regulations 2015 mandate that providers obtain: proof of identity (with photo), an enhanced DBS certificate, two written references (one from the most recent employer), a full work history with gaps explained, and verified reasons why any previous roles with children or vulnerable adults ended. If any required information (like a reference) cannot be obtained before a new hire starts, the children’s home must document efforts made and ensure the individual is strictly supervised when working with children until all checks are completed. Ofsted inspectors will check that recruitment records demonstrate all these safeguards are in place.

Adults (18+): Key Safeguarding Legislation & Guidance

Care Act 2014: For adult social care, the Care Act 2014 and its statutory guidance require providers to take steps to prevent abuse and ensure the safety of adults with care and support needs. This includes safe recruitment practices. Providers of care to adults should ensure staff are fit to work with vulnerable people, in line with the Act’s focus on protecting adults at risk. While the Care Act doesn’t prescribe recruitment steps as explicitly as children’s legislation, it establishes responsibilities for safe care. In practice, this means similar checks – DBS vetting, references, etc. – are needed to protect vulnerable adults.

CQC Regulation 19: Fit and Proper Persons Employed

Domiciliary care providers carrying on the regulated activity of Personal Care must comply with Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, as amended.

Regulation 19 requires people employed for the purposes of carrying on a regulated activity to:

{{org_field_name}} must operate effective recruitment procedures to establish that applicants are suitable before they are deployed into roles involving regulated care.

Schedule 3 Information

Subject to the requirements applicable to the particular role, recruitment records must include appropriate Schedule 3 information, including:

Volunteer Exception

Regulation 19 was amended so that the requirement in paragraph 7 of Schedule 3 to obtain a full employment history and satisfactory explanation of gaps does not normally apply to an ordinary volunteer.

This exception does not remove the provider’s responsibility to establish that the volunteer is suitable for their role.

Appropriate checks may still include:

{{org_field_name}} may choose to obtain employment-history information from a volunteer where this is proportionate and relevant to the role.

The statutory volunteer exception does not apply in the same way where the individual falls within specified provider, director or registered manager requirements under the Regulations.

Employment History and References for Paid Staff

For paid staff to whom the full Schedule 3 requirements apply, {{org_field_name}} will obtain a complete employment history and require satisfactory explanations for any gaps.

Where a candidate has previously worked in health or social care or in a role involving children or vulnerable adults, the organisation will seek appropriate evidence of previous conduct.

Where a previous role involved children or vulnerable adults, {{org_field_name}} will also take reasonable steps to establish why that employment ended.

Any unexplained inconsistency, safeguarding concern, unexplained employment gap or adverse reference information must be investigated before a final recruitment decision is made.

DBS Checks and Barred List Requirements

The Disclosure and Barring Service (DBS) provides criminal record information to assist employers in making appropriate recruitment decisions and maintains the Children’s and Adults’ Barred Lists.

{{org_field_name}} will determine the appropriate level of DBS check according to the actual duties undertaken by each role.

A higher level of DBS check must not be requested unless the role is legally eligible for it.

Regulated Activity with Children

Regulated activity with children is defined principally by the Safeguarding Vulnerable Groups Act 2006, as amended.

From 1 September 2026, section 139 of the Crime and Policing Act 2026 removed the previous supervision exemption applying to relevant activities with children.

This means that a person who undertakes qualifying activities with children may be in regulated activity even where another member of staff supervises them.

For relevant activities such as teaching, training, instructing, caring for or supervising children, the organisation must consider the applicable statutory frequency conditions.

Where a person provides healthcare or specified personal care to a child, the activity may constitute regulated activity even if carried out only once.

Supervision must therefore not be relied upon as a reason for excluding an otherwise qualifying role from regulated activity.

Regulated Activity with Adults

The definition of regulated activity with adults has not been changed by the September 2026 supervision amendment.

Certain activities constitute regulated activity with adults regardless of frequency.

This includes relevant personal care provided because an adult requires assistance as a result of age, illness or disability.

A domiciliary care worker who provides qualifying personal care to an adult will ordinarily be carrying out regulated activity with adults.

DBS and Barred List Eligibility

Where a role is regulated activity with children, it will normally be eligible for an Enhanced DBS check with Children’s Barred List information.

Where a role is regulated activity with adults, it will normally be eligible for an Enhanced DBS check with Adults’ Barred List information.

Where a role involves regulated activity with both groups, eligibility for both barred lists must be considered.

{{org_field_name}} will use current DBS eligibility guidance to determine:

It is unlawful for a barred individual to engage in regulated activity with the group from which they are barred and unlawful for an organisation knowingly to permit a barred individual to undertake that activity.

Recruitment decisions must not be based solely on the existence of information on a DBS certificate. Where legally permissible information is disclosed, {{org_field_name}} will carry out an appropriate and proportionate risk assessment, considering matters such as:

DBS Update Service

Where appropriate, {{org_field_name}} may use the DBS Update Service to check whether relevant information on an existing DBS certificate has changed, provided:

The applicant has subscribed to the Update Service.

Duty to Refer

As a regulated activity provider, {{org_field_name}} has a legal duty to make a referral to the DBS where the statutory referral conditions are met.

This may include circumstances where an individual has been:

Managers must not assume that an individual’s resignation removes the organisation’s responsibility to consider a DBS referral.

All potential DBS referral cases must be escalated promptly to the Registered Manager or Safeguarding Lead and documented appropriately.

Safer Recruitment Practices and Vetting Steps

Whether recruiting for adult care or child care roles, the recruitment process must be rigorous and focused on safeguarding. The following practices are required or strongly recommended, with additional safeguards for child-facing roles noted:

Training, Supervision and Safeguarding Oversight

Even after the initial vetting, safeguarding continues through probation and beyond. Some requirements differ for staff working with children vs. adults:

Summary of Additional Measures for Child-Facing Roles

In summary, recruiting and vetting staff for children’s domiciliary care involves everything required for adult care plus additional safeguards mandated by child protection law and guidance. When expanding an adult-focused recruitment policy to cover under-18 clients, ensure the following points are included:

By incorporating the above into the recruitment policy, an organization can ensure it meets the additional legal and best-practice measures for child safeguarding while also protecting adult service users. The overarching principle from Working Together 2023 is that safeguarding is everyone’s responsibility, and this begins with hiring safe, suitable and vetted individuals to care for children and vulnerable adults.. A rigorous, compliant recruitment approach not only fulfills legal obligations but also significantly reduces the risk of harm, helping to ensure the safety and well-being of all service users – whether they are children, young people, or adults.

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