What this means
Start with the exact decision in front of you.
The two barred lists relate to different regulated activities and statutory criteria. A person may face consideration for one or both, so the notice must be read precisely.
Immediate priorities
Organise the position before responding.
Identify which list or lists are under consideration
Map the role to the relevant regulated activity
Check how the alleged conduct relates to each list
Detailed guidance
The procedure, evidence and possible route from here.
01
The two lists protect different groups
DBS maintains a children's barred list and an adults' barred list. Inclusion prevents the person from engaging in regulated activity with the relevant group, and a case can concern one or both lists. The statutory definitions of regulated activity differ between children and adults. Job title alone does not determine the answer; duties, setting, frequency and exceptions can matter. Use current government eligibility guidance when analysing a particular role. That distinction prevents a general explanation from being mistaken for case-specific legal advice.
A notice should state which list or lists DBS is considering. Create a separate analysis for each rather than assume reasoning transfers automatically. The underlying conduct may involve one group while future work plans involve another, and DBS may have different evidence for each list. Representations should address the legal route, conduct or offence, regulated-activity test and safeguarding assessment applicable to each proposed inclusion. Any response should connect this point to the documents and decision actually under consideration.
- Identify the list or lists named in the notice
- Analyse actual duties rather than job title alone
- Keep reasoning and evidence separate for each list
02
Regulated activity controls the practical effect
Being barred does not prohibit every form of work or contact, but knowingly seeking, offering or permitting barred regulated activity can have criminal consequences under the safeguarding framework. It is therefore unsafe to infer eligibility from an employer's informal view. A prospective organisation should use the proper eligibility and checking process. This article can explain the framework but should not declare a specific unexamined role lawful. A dated, source-linked case file helps preserve that distinction as the matter develops.
The test for future engagement can be relevant during the barring decision, particularly in discretionary and some automatic routes. Be accurate about work history, qualifications, career intentions and volunteering. A statement that the person will never work with a group should not be made merely to avoid inclusion if it is not true. Credibility and the statutory safeguarding purpose require a realistic account of likely future activity. Its practical significance must still be assessed against the individual evidence and procedural stage.
- Use official eligibility guidance for the actual role
- Do not treat informal employer assurance as legal clearance
- Describe future work and volunteering intentions candidly
03
Separate barring from disclosure certificates
A criminal-record certificate can disclose conviction or police information depending on the level of check; barred-list status is a separate safeguarding decision. Problems with a certificate's accuracy or relevance follow different procedures from representations against barring. Likewise, a professional regulator may restrict registration independently. A person can therefore face connected but legally distinct certificate, employment, regulator and barring issues arising from the same events. The current notice and official process remain the controlling reference points for that assessment.
Map each decision and remedy: certificate dispute, employer process, professional-regulator response, DBS representations, barred-list review or tribunal appeal. Evidence may overlap, but the test and decision-maker differ. A successful outcome in one forum does not automatically reverse another. Client-facing content should route enquiries accurately and avoid promising that challenging a DBS certificate will remove a bar or restore professional registration. That distinction prevents a general explanation from being mistaken for case-specific legal advice.
- Label certificate, barring and regulatory decisions separately
- Use the remedy assigned to each decision
- Do not imply that one successful challenge automatically controls another
Key questions
Keep the analysis tied to this stage.
Nature of the regulated activity
Relevant safeguarding harm or risk
Whether separate reasoning is required for each list
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
Can a person be considered for both barred lists?
Yes. DBS correspondence should identify whether it is considering the children's list, adults' list or both, and the analysis may differ for each.
Is being on a barred list the same as having information on a DBS certificate?
No. Barring controls regulated activity with the relevant group. Certificate disclosure is a separate process concerning information shown on a criminal-record check.
Connected guidance
Continue through the topic map.
Use the hub for the full sequence or choose the connected route that matches the notice.
Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.