The Law Behind the DBS Barred Lists — Still in Force, Much Changed.
The Safeguarding Vulnerable Groups Act 2006: What It Does Today
The Safeguarding Vulnerable Groups Act 2006 is the law that created England and Wales's vetting and barring scheme — the system for barring unsuitable people from working with children and vulnerable adults. It was passed in the wake of the Bichard Inquiry, which examined the murders of two children in Soham and found that the arrangements for vetting people who work with the vulnerable were reactive rather than preventative. The Act set up an independent barring body (the Independent Safeguarding Authority, or ISA), two barred lists, and the concept of "regulated activity". Since then the scheme has changed significantly. The Protection of Freedoms Act 2012 scaled it back, narrowed the definition of regulated activity, abolished the ISA, and merged it with the Criminal Records Bureau to create the Disclosure and Barring Service (DBS) in 2012. What often confuses people is the current status: the Safeguarding Vulnerable Groups Act 2006 has not been repealed. It remains in force, as amended, and it is still the legal foundation for the DBS barred lists and for the definition of regulated activity that decides which roles require a barred-list check. This guide explains what the Act created, what changed, and what it does today.
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What the Act Created
The Safeguarding Vulnerable Groups Act 2006 established the vetting and barring scheme: an independent barring authority, two barred lists (one for those barred from working with children, one for adults), and the legal concept of "regulated activity" — the roles the scheme applies to.
Why It Was Introduced
The Act followed the Bichard Inquiry (2004), which examined serious failures in how information about people working with children was shared and acted on, and concluded that the vetting system of the time was reactive rather than preventative. The Act was the legislative response.
Regulated Activity and the Barred Lists
What "regulated activity" means — the work with children or adults that triggers barring rules — and how the two barred lists work. Being placed on a barred list makes it a criminal offence for the person to work, or seek to work, in regulated activity with that group.
What the Protection of Freedoms Act 2012 Changed
The 2012 Act scaled the scheme back to what it called "common sense" levels: it narrowed the definition of regulated activity, dropped the registration and continuous-monitoring elements that had never been brought into force, and abolished the Independent Safeguarding Authority.
The DBS Today
The Disclosure and Barring Service was created in 2012 by merging the Independent Safeguarding Authority with the Criminal Records Bureau. The DBS now maintains the two barred lists and makes the decisions about whether a person should be included on them, under the framework the 2006 Act still provides.
The Duty to Refer
Employers and organisations that provide regulated activity — and agencies that supply staff into it — have a legal duty under the Act to refer a person to the DBS in defined circumstances, such as where the person is removed from regulated activity because they harmed, or risked harming, someone.
The problem
Common Questions About the Act
Is the Safeguarding Vulnerable Groups Act 2006 still in force?
Yes. The Act has been amended significantly — most substantially by the Protection of Freedoms Act 2012 — but it has not been repealed. It remains in force, as amended, and is still the legal foundation for the DBS barred lists and for the definition of regulated activity that determines which roles require a barred-list check. When people say the scheme "changed", they usually mean the 2012 reforms, not that the Act itself has gone.
In force, as amended — not repealed.Does the Independent Safeguarding Authority still exist?
No. The Independent Safeguarding Authority (ISA), which the 2006 Act originally created as the barring body, was abolished by the Protection of Freedoms Act 2012. Its barring functions passed to the Disclosure and Barring Service (DBS), formed in 2012 by merging the ISA with the Criminal Records Bureau. The Criminal Records Bureau no longer exists as a separate body either — it too is part of the DBS. So the Act stands, but the organisation it first set up has been replaced.
The ISA is gone; the DBS does its job now.What counts as "regulated activity"?
Regulated activity is the work with children or adults that the barring rules apply to — broadly, close and unsupervised work such as certain kinds of care, teaching, treatment or supervision. The Protection of Freedoms Act 2012 narrowed the definition, so some roles that were once caught no longer are. Whether a role is regulated activity matters because it decides whether a barred-list check is legally required and whether the duty to refer applies. Because the definition is technical and has changed, roles should be checked against the current statutory definition rather than assumed.
The line that decides who must be checked.Who has a legal duty to refer someone to the DBS?
The duty to refer sits with organisations that provide regulated activity — employers and volunteer-involving organisations — and with agencies that supply staff into regulated activity. Broadly, they must refer to the DBS where they remove a person from regulated activity (or would have, had the person not left first) because the person harmed or posed a risk of harm to a child or vulnerable adult. It is a legal duty on those providers and suppliers, not a discretionary choice, and failing to refer when required can itself be an offence.
A legal duty on providers and staff suppliers.How does the Act relate to DBS checks?
The two work together. A DBS check can reveal whether someone is on a barred list; the barred lists, and the rules about who can be checked against them, come from the Safeguarding Vulnerable Groups Act 2006. An enhanced DBS check "with barred list information" is only available for roles that meet the Act's definition of regulated activity. So the Act sets the framework — the lists, the definitions, the duty to refer — and the DBS operates it in practice.
The Act sets the rules; the DBS runs the checks.Comparison
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How it works
From the Act to the DBS Today
The Bichard Inquiry (2004)
Following the Soham murders, the Bichard Inquiry examined how people who work with children are vetted and found the system was reactive rather than preventative. It recommended a registration scheme for those working with children and vulnerable adults.
The trigger
The Safeguarding Vulnerable Groups Act 2006
Parliament passed the Act in 2006, creating the vetting and barring scheme: an independent barring body, two barred lists, the concept of regulated activity, and a duty to refer unsuitable people to be considered for barring.
The Act, 2006
The Scheme Goes Live
The Independent Safeguarding Authority took on responsibility for barring decisions. Some of the Act's more expansive elements — a registration and continuous-monitoring system — were legislated for but never actually brought into force.
ISA operating
The Protection of Freedoms Act 2012
The 2012 Act scaled the scheme back, narrowed regulated activity, dropped the registration and monitoring elements, abolished the Independent Safeguarding Authority, and provided for a new merged body.
Reform, 2012
The DBS Begins (2012)
The Disclosure and Barring Service was created in 2012 by merging the Independent Safeguarding Authority with the Criminal Records Bureau. The DBS now maintains the barred lists and makes barring decisions under the framework the 2006 Act still provides.
DBS, from 2012
What the Act Does Today
What makes CareVoice the right choice for your documentation needs.
Two Barred Lists
Children's and Adults' listsThe Act underpins the Children's Barred List and the Adults' Barred List. Being placed on a list makes it a criminal offence for the person to work, or seek to work, in regulated activity with that group.
The Definition of Regulated Activity
Who must be checkedThe Act defines "regulated activity" — the work that barring rules apply to — as narrowed by the Protection of Freedoms Act 2012. This definition decides which roles legally require a barred-list check.
Barring Decisions by the DBS
Independent barring decisionsThe DBS decides whether an individual should be included on one or both barred lists, weighing the evidence referred to it. The Act provides the legal basis for those decisions.
The Duty to Refer
A legal duty, not a choiceRegulated activity providers and agencies that supply staff must refer a person to the DBS in defined circumstances, such as removing them for harming or risking harm to a child or vulnerable adult. It is a legal duty, not a choice.
A Framework the DBS Operates
Law plus the body that runs itThe Act sets the framework — the lists, the definitions, the duty to refer — and the Disclosure and Barring Service operates it in practice. The two are read together: the law and the body that runs it.
The Record Behind a Referral
A clear recordA barring referral, when it is needed, rests on a clear account of what was seen, said and done. CareVoice is care intelligence built to keep that day-to-day record clear and flag possible safeguarding concerns for the team to review. It does not make barring or referral decisions; people do, and decide what happens next.
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What care professionals have said after using CareVoice
"This platform is a brilliant step forward for making care plans and assessments faster and easier. The design is clear, the process is streamlined, and it's exactly the kind of tool that can save time while keeping everything well-organised. I can see it making a real difference for field teams. Well done to the entire brilliant team behind CareVoice"
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Domiciliary Care Field Supervisor
"CareVoice has empowered me as a social worker working with young children. It has streamlined my workflow and provided me with reliable assistance. The detailed analysis and suggestions I receive allow me to confidently delegate my assessments, freeing up my time. Most importantly, the service is affordable, offering great value for money."
Abuh Mowoh
Social Worker, Essex County Council
"As part of our quality assurance efforts, CareVoice has helped us not only ensure compliance but also maintain high standards in line with our regulatory requirements. I really appreciate the voice capture feature and the concept of using voice recognition technology to streamline assessments. This is a very forward-thinking approach that will enhance our processes significantly."
Runya Murape
Quality Assurance Manager
Questions
Frequently asked questions
Is the Safeguarding Vulnerable Groups Act 2006 still in force?
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Yes. The Safeguarding Vulnerable Groups Act 2006 remains in force, as amended. It has been changed significantly — most substantially by the Protection of Freedoms Act 2012 — but it has not been repealed. It is still the legal foundation for the DBS barred lists and for the definition of regulated activity that determines which roles require a barred-list check. The scheme it created has been reformed, but the Act itself remains the governing law.
What is the Safeguarding Vulnerable Groups Act 2006?
+
The Safeguarding Vulnerable Groups Act 2006 is the law that created the vetting and barring scheme for England and Wales — the system for barring unsuitable people from working with children and vulnerable adults. Passed in response to the Bichard Inquiry, it established an independent barring body, two barred lists (for children and for adults), and the legal concept of "regulated activity". Its long title describes it as an Act to make provision in connection with the protection of children and vulnerable adults.
What did the Protection of Freedoms Act 2012 change?
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The Protection of Freedoms Act 2012 reformed the vetting and barring scheme. It narrowed the definition of regulated activity, removed the registration and continuous-monitoring elements that had been legislated for but never brought into force, and abolished the Independent Safeguarding Authority. It also created the Disclosure and Barring Service by merging the Independent Safeguarding Authority with the Criminal Records Bureau. The Safeguarding Vulnerable Groups Act 2006 continued in force, but in this amended form.
Does the Independent Safeguarding Authority still exist?
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No. The Independent Safeguarding Authority (ISA), which the 2006 Act originally created, was abolished by the Protection of Freedoms Act 2012. Its barring functions transferred to the Disclosure and Barring Service (DBS), which was formed in 2012 by merging the ISA with the Criminal Records Bureau. The Criminal Records Bureau also no longer exists as a separate organisation — it is part of the DBS. The Act remains, but the body it first set up has been replaced.
What is regulated activity under the Act?
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Regulated activity is the work with children or vulnerable adults that the barring rules apply to — broadly, close and often unsupervised roles involving care, teaching, training, supervision or treatment. The Protection of Freedoms Act 2012 narrowed the definition, so some roles that were once within scope no longer are. Whether a role is regulated activity matters because it determines whether a barred-list check is legally required and whether the duty to refer applies, so roles should be checked against the current statutory definition.
Who has to refer someone to the DBS?
+
The legal duty to refer sits with organisations that provide regulated activity — employers and volunteer-involving organisations — and with agencies that supply staff into regulated activity. Broadly, they must refer a person to the DBS where they remove them from regulated activity (or would have, had the person not already left) because the person harmed, or posed a risk of harm to, a child or vulnerable adult. Failing to refer when the duty applies can itself be a criminal offence.
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Safeguarding Vulnerable Groups Act 2006: Sources
The primary legislation and official guidance behind this page. The Act remains in force, as amended.
- Safeguarding Vulnerable Groups Act 2006 (c.47) — Royal Assent 8 November 2006
- Long title: an Act for the protection of children and vulnerable adults
- Protection of Freedoms Act 2012 (c.9) — reformed the scheme, abolished the ISA
- Disclosure and Barring Service (DBS) — created 2012, operates the barred lists
- The Bichard Inquiry Report (2004) — the origin of the scheme
- Regulated activity — as amended by the Protection of Freedoms Act 2012
- The duty to refer — regulated activity providers and staff suppliers
- Status: in force, as amended (not repealed)
Who This Guide Is For
Anyone responsible for safe recruitment, barring referrals, or understanding the law behind DBS checks.
- Safeguarding leads and designated officers
- HR and safer-recruitment teams
- Registered managers and providers
- Recruitment and staffing agencies
- Volunteer coordinators
- Trustees and charity safeguarding leads
- Students studying safeguarding law
- Anyone making a DBS barring referral
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