Our thoughts on the Crime and Policing Bill 2025

The UK government has just introduced the Crime and Policing Bill 2025. Amongst other things, the bill aims to enhance child protection by implementing key recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA).

Safeguarding vulnerable groups: regulated activity

The bill will change the current supervision exemption in the definition of regulated activity. This means that everyone in a regulated role will be required to have the highest level of Disclosure and Barring Service (DBS) check (an enhanced and children’s barred list check) regardless of whether they are working under supervision or not.

Currently, a volunteer in a school who is supervised by someone who has an enhanced and children’s barred list check, will only require an enhanced DBS check as they’re not considered to be working in regulated activity.

The planned change means that all supervised volunteers in specified settings such as schools, and supervised roles (paid and unpaid) in other settings involving work with children will now be defined as working in regulated activity. They will require an enhanced and children’s barred list check.

Whilst we agree that children and vulnerable groups should be protected, this change could potentially lead to more people being placed on a barred list. This could also lead to people simply deciding not to apply for a supervised role for fear of this happening.

Lets consider the following example

When she was aged 19 (in 2002) Kathy received a conviction for assault occasioning actual bodily harm (ABH) following an argument with a college friend. She received a 12-month community order.

Kathy is now 42-years old and has a 7-year old daughter. She’s keen to volunteer at her daughter’s school in a role which would involve listening to children read. She would be supervised by the class teacher.

Currently – The school would carry out an enhanced DBS check and Kathy’s conviction for ABH would appear on the certificate. Following a disclosure discussion and risk assessment with the headmaster, they are happy that Kathy poses no risk to any child in the school and she is offered a volunteer role.

When the changes are introduced – The school will carry out an enhanced and children’s barred list check. As the role now involves working in regulated activity and Kathy’s conviction is for an automatic inclusion offence, the DBS will need to consider whether Kathy should be included on the children’s barred list.

Kathy will be given an opportunity to make representation to the DBS as to why she shouldn’t be barred.

The government states the purpose of this change is to ‘reduce the risk of a barred person being able to work with children in a supervised capacity’. However, in our experience, if a barred person were to apply for a supervised role, any previous relevant convictions would be disclosed and any non-conviction information would be disclosed by the police as ‘approved information’. Employers/organisations will use this information to make a recruitment decision usually rejecting any applicant who they believe to be a risk to children.

These changes will inevitably lead to an increase in the number of people the DBS will need to consider for barring. Currently it can take the DBS around six months (or longer) to make a decision, during which time individuals who the DBS are considering barring are free to work in regulated activity.

An increase in case numbers will increase the time it takes the DBS to make a decision and we may find that delays such as this will enable individuals who genuinely pose a risk to continue to abuse.