DBS Checks for Tutors - Do Private Tutors Need DBS Checks?

Stories of tutors exploiting their positions of trust to harm children have made headlines across the country in recent months. The BBC reported in September that more than 90 private tutors have been convicted of sexual offences involving children in the last 20 years. Following that, earlier this month, a man previously charged with sexual assault had been found to be offering private tutoring in maths and science. These shocking incidents highlight the urgent need for robust measures to safeguard young people across the UK.

According to research from educational charity, the Sutton Trust, published in 2023, 30% of 11- to 16-year-olds have received private tutoring at some point. These statistics underscore the importance of robust background checks for private tutors.

To address this growing concern, it is imperative that tutors, parents and organisations alike take proactive steps to protect children. One of the most effective ways to do this is by ensuring tutors are fully vetted with appropriate DBS checks.

In this article, we will explain the checks tutors require to be fully vetted, the difficulty many can face in accessing these checks, and the ways by which they can still ensure effective safeguarding.

Contents:

1. Do Tutors Need a DBS Check?
2. Which Type of DBS Check is Recommended for Tutors?
3. How to Apply for a DBS Check as a Tutor
4. The Benefits of DBS Checks for Tutors
5. Final thoughts

Do tutors need a DBS check?

Whether a tutor legally requires a DBS check will depend on the nature of their employment – whether they are either self-employed, or registered with a tutoring agency.

Since October of 2010, it has been a legal requirement for private tutoring agencies to process DBS checks for any tutors that work with children or vulnerable people. However, there is currently no legal requirement for independent or self-employed tutors to apply for a DBS check.

Which type of DBS check is recommended for tutors?

Most of the work undertaken by tutors will be with children or vulnerable adults, known as “regulated activity”, even if it is unpaid. Any person undertaking work that involves regulated activity needs an Enhanced DBS with Barred List check by law

Enhanced is the highest level of DBS check (the other two types being Basic DBS checks and Standard DBS checks). It will reveal both spent and unspent convictions, cautions, warnings and reprimands on a person’s criminal record, as well as any non-conviction information that local police deem relevant to the role being applied for. It is also the only criminal record check that provides access to the Barred List.

What are the Barred Lists?

The “Barred List” refers to two databases, the Adult Barred List and the Children’s Barred List. These lists contain the names of every person prohibited from working with vulnerable adults or children, respectively. No individual is permitted to apply for an Enhanced DBS check. Only an organisation can legally submit a request for this level of check.

While this isn’t a problem for tutors who are registered with an agency, it puts self-employed tutors in a difficult position. Parents may well request a DBS certificate from a tutor before they feel comfortable hiring them to tutor their children.

If the tutor remains independent, they cannot apply for the level of DBS check they require. The parents or carers who are hiring them cannot submit them for an enhanced DBS check either, as they are also not an organisation.

The only alternative for the tutor is to register with an agency. This will likely reduce the amount they make per hour tutoring, as the agency will take a cut.

However, there are some workarounds available to self-employed tutors, which we will cover in the following sections.

How to apply for a DBS check as a tutor

While a self-employed tutor can’t apply for an enhanced check by themselves, there are a few options they can use to provide greater peace of mind for their clients, and increase their employability.

Apply for a Basic DBS check

Basic DBS checks are the only type of check which an individual may apply for. This level of check will reveal whether an individual has any unspent convictions, warnings, cautions or reprimands in their criminal record.

A Basic check will not provide access to the Barred List. As a result, it cannot identify whether a person has been specifically prohibited from working with children or vulnerable adults. However, almost every offence that would be a concern for a parent or carer will still show up on the certificate, even if the rehabilitation period of the offence has expired.

Join a tuition agency

While this may not be ideal for a tutor that wishes to remain self-employed, a tutoring agency can apply for the level of check needed for work with children or vulnerable adults. Simply registering with a tutoring agency doesn’t mean you have to remain there permanently, either. A DBS check has no legally mandated expiry date, though we – and many employers – would recommend having your certificate updated every 1-3 years.

The Tutors’ Association

The Tutors’ Association (a professional body for tutoring and supplementary education) requires its members to hold a valid Enhanced DBS check that was issued in the last 12 months. If a prospective member does not have a valid DBS check when they join, the association will help them obtain one, giving its members access to Enhanced DBS checks with Barred List, for no added cost, as well as the DBS update service.

Subject access requests (SAR)

While not the same as a DBS check, and less robust, a Subject Access Request is a means of obtaining any data relevant to you from your local police force.

Under the General Data Protection Regulation (GDPR), individuals have the right to know:

• What personal data is held about them
• The purpose of the processing
• The categories of personal data
• The recipients of the personal data
• The data retention period
• The source of the personal data
• Whether automated decision-making is taking place

Though this will invariably be less detailed than an Enhanced DBS check, it may go some way towards reassuring parents and guardians that you can be trusted with their children.

The benefits of DBS checks for tutors

Enhanced professional reputation

A clean DBS check can significantly enhance a tutor’s professional reputation. It demonstrates their commitment to child safety and can reassure parents and schools of their suitability for the role.

Increased job opportunities

Many tutoring agencies, schools, and parents require DBS checks before hiring tutors. Having a clean DBS check can open up more job opportunities and lead to higher earning potential.

Peace of mind

Knowing that they have a clean DBS check can provide tutors with peace of mind and confidence in their work. It can also help them build strong relationships with their students and their parents.

Legal protection

In the event of any allegations of misconduct, a clean DBS check can provide tutors with legal protection. It can help to defend their reputation and prevent unnecessary legal complications.

Final thoughts

Tutors are placed in a very difficult situation, especially if they’re self-employed. On the one hand, they need to ensure they are fully checked to ensure safeguarding, placate parents and improve their employability. On the other hand, they cannot apply for the necessary checks themselves, either having to register with other organisations to do so, and potentially sacrificing some freedom and pay, or resort to a less robust test.

If you are an employer looking for a bulk DBS checking service, we can help. At Checks Direct, we handle tens of thousands of background checks every year with our experts and user-friendly platform, making processing large volumes of applications simple. We consistently achieve rapid turnarounds, helping employers streamline their hiring process. Register today to begin making faster and more effective DBS checks.