Safeguarding guidance: changes to DBS checks and Online Safety Act 2023 requirements

The Charity Commission also updated its safeguarding guidance in October to reflect the changes to DBS checks and Online Safety Act 2023 requirements.

DBS checks: 

The guidance now reflects the fact that self-employed individuals are able to apply for an enhanced DBS check which can be shared with current or potential employers.

Individuals carrying out unpaid activities who were supervised by someone conducting a regulated activity originally fell into the supervision exemption meaning that there were lesser DBS requirements that they needed to comply with.

The supervision exemption has now been removed, and the guidance now reflects the updated position that these individuals will now be classed as carrying out a regulatory activity which requires an enhanced DBS check with children's barred list information.

Online Safety Act 2023: 

The guidance now reflects the need for charities that operate social media or deliver online services to comply with the Online Safety Act 2023 (the 'Act'). In light of this legislation, the guidance suggests that charities that operate in this way should do the following:

• Implement a social media policy that outlines how the charity is compliant with the Act; and
• Ensure that there are measures that are put in place to protect users, particularly children from accessing harmful content.