Out-of-school settings, including tuition centres, holiday clubs, after-school activity providers, and individual self-employed tutors and coaches, are not subject to the same statutory inspection regime as schools. But children who attend them are entitled to the same standard of safeguarding protection.
This guide explains what DBS check requirements apply in out-of-school settings, which level of check is appropriate, what the government guidance says, and what changed in January 2026 for self-employed providers.
What Out-of-School Settings Are
Out-of-school settings are any provision that educates or supervises children outside the formal school system. They include tuition centres, after-school clubs, holiday activity camps, sports academies, drama and music schools, language tuition, and activity providers of all kinds.
They also include individual self-employed tutors, coaches, and instructors working directly with children in private homes, hired venues, or public spaces. A piano teacher who visits pupils at home is operating an out-of-school setting in practical terms, even if they are a sole trader with no premises of their own.
Unlike schools and registered childminders, out-of-school settings are not routinely inspected by Ofsted unless they are registered as a childcare provider. This means the primary safeguarding responsibility rests with the provider, their clients, and parents, rather than with a regulator checking compliance.
The breadth of the out-of-school sector means that DBS requirements vary depending on the nature and frequency of the provision. A one-off workshop with parental supervision is different from a weekly after-school club where the same adult is alone with the same group of children every session.
What the Government Guidance Says
The government has published guidance on safeguarding in out-of-school settings, available through GOV.UK. The guidance is voluntary for most out-of-school providers but represents the standard that parents, local authorities, and commissioning bodies expect to see applied.
The core safeguarding expectations in the guidance include carrying out appropriate DBS checks on all staff and regular volunteers who have contact with children, having a written safeguarding policy in place, identifying a designated safeguarding lead, and ensuring all staff have received appropriate safeguarding training.
The guidance distinguishes between registered and unregistered provision. Providers who register with Ofsted as childcare providers are subject to the statutory requirements that come with registration. Providers who operate outside registration, including most private tutors and activity providers, are encouraged to apply the same standards on a voluntary basis.
The government’s expectation, reflected in the guidance and in local authority frameworks for commissioning out-of-school provision, is that any adult working regularly and unsupervised with children in these settings will hold a current Enhanced DBS certificate including the Children’s Barred List check.
The guidance recommends that out-of-school providers carry out DBS checks on anyone who works regularly and unsupervised with children, maintain a written safeguarding policy, establish a clear procedure for reporting concerns, and ensure that staff are aware of local authority safeguarding contacts. While these measures are not legally enforced for all out-of-school settings, they represent the minimum standard that parents and commissioning bodies increasingly expect.
Which DBS Check Is Required
For anyone working regularly and unsupervised with children in an out-of-school setting, an Enhanced DBS check with the Children’s Barred List check is the appropriate level.
Teaching, coaching, instructing, or supervising children constitutes regulated activity when it happens on a regular basis. Regulated activity with children requires an Enhanced check that includes the barred list element. A Standard check or a Basic check does not provide the same level of assurance and does not include the barred list check.
The criteria for regulated activity in this context are that the activity takes place on three or more occasions within any 30-day period, or that it is teaching or training by nature, which is regulated activity regardless of frequency. Most tutors, coaches, and regular activity providers will meet this threshold.
More detail on what regulated activity means and how to assess whether your role meets the definition is covered in the self-employed DBS checks hub.
The level of check you need depends on the nature and frequency of your contact with children. Occasional, supervised contact may not meet the threshold for regulated activity and may not require an Enhanced check. Regular, unsupervised teaching, coaching, or supervision of under-18s almost certainly does. If you are unsure, our frequently asked questions page covers the most common eligibility scenarios.
What Changed for Self-Employed Providers in January 2026
Before 21 January 2026, self-employed tutors, coaches, and activity providers had no legal route to an Enhanced DBS check. The only check available to them independently was a Basic check, which does not include the Children’s Barred List and is insufficient for regulated activity roles.
This created a practical problem for parents and clients, who expected the same level of safeguarding assurance from a self-employed provider as they would from a school or registered provider, but had no way to obtain it. Self-employed providers who wanted to provide that assurance had no means to do so.
A Statutory Instrument amending Part V of the Police Act 1997 came into force on 21 January 2026. It allows paid self-employed workers who carry out regulated activity with children to apply for an Enhanced DBS check, including the Children’s Barred List check, through a registered platform. This closes the safeguarding gap that had existed for decades in out-of-school provision.
For self-employed tutors, music teachers, sports coaches, drama instructors, and similar providers, this means they can now obtain the same level of certificate that a school or registered organisation would provide to a parent. This is a significant change for the sector.
For self-employed workers who were already operating before January 2026, the change means they can now upgrade from a Basic check to the Enhanced level that parents and commissioners expect. Applying now, before awareness of the change becomes widespread, means having the certificate ready when clients begin to ask for it. For more on how the law change affects self-employed workers, see our guide to the DBS changes for self-employed workers.
Safeguarding Policies and DBS Checks
A DBS certificate is one element of safeguarding, not the complete picture. Out-of-school providers, including self-employed individuals, are expected to have a broader safeguarding approach in place.
This includes having a written safeguarding policy that sets out how safeguarding concerns will be identified and reported, what the boundaries are for appropriate conduct between adults and children, and how concerns from parents or children will be handled. For sole traders and individual providers, a policy does not need to be complex, but it needs to exist and be available to parents on request.
Safeguarding training is also relevant. Providers working with children are generally expected to have completed basic safeguarding awareness training, which covers how to recognise signs of abuse, when to refer concerns, and how to interact with children safely. This training needs to be refreshed periodically, typically every one to three years depending on the sector framework.
A current Enhanced DBS certificate combined with a safeguarding policy and up-to-date training provides the baseline safeguarding package that parents, commissioning bodies, and local authorities expect from out-of-school providers in 2026.
A safeguarding policy for a self-employed tutor or coach working in out-of-school settings does not need to be lengthy. It should set out what the provider will do if they witness or suspect harm, who they will contact, and how they will record and report concerns. Many local authorities publish template safeguarding policies that can be adapted for individual use.
Having a written policy alongside a current DBS certificate demonstrates that the provider takes safeguarding seriously, not just as a compliance exercise but as a practical commitment to the welfare of the children they work with.
How Parents and Clients Can Verify a Provider
Parents engaging a self-employed tutor, coach, or activity provider have the right to ask for evidence of a DBS check before sessions begin. A provider who has registered for the DBS Update Service can be verified online without needing to show the original certificate.
For providers without the Update Service, the original DBS certificate is the only way to confirm the check was carried out. Parents should check the certificate date, the level of check, and whether the workforce category matches the role. A Basic check, for example, would not be sufficient for a role involving unsupervised contact with children.
If a provider cannot produce a valid certificate or a current Update Service status, it is reasonable to ask them to apply for a new check before work begins. You can find more information about the application process and what each check level covers on our self-employed DBS checks page.
Providers who are registered for the DBS Update Service can be verified within minutes, making the process straightforward for both parties.
Insurance, Registration, and DBS Checks
A DBS check is one requirement among several for operating professionally in out-of-school settings. Many insurance providers that offer professional indemnity and public liability cover for tutors, coaches, and activity providers require evidence of a current DBS certificate before they will issue a policy.
If you run a tuition centre or activity club that employs other people, you have a separate legal obligation to check the DBS status of anyone you engage in regulated activity. This applies even if you are self-employed yourself. The obligation to check staff applies to anyone in a supervisory or management role, regardless of their own employment status.
For self-employed childminders registering with Ofsted, a DBS check is part of the registration process. Ofsted conducts its own suitability checks, but having a current Enhanced DBS certificate from a separate application demonstrates proactive compliance. For details on how the Enhanced check works, see our Enhanced DBS checks for self-employed workers page.
Common Questions About DBS Checks and Out-of-School Settings
- Do tutoring centres need to carry out DBS checks?
Yes. A tutoring centre or after-school provider that employs or engages people who work regularly and unsupervised with children should carry out Enhanced DBS checks as a baseline safeguarding measure. The GOV.UK guidance on out-of-school settings strongly recommends this for all staff and regular volunteers in contact with children.
- What about a self-employed tutor working in a third-party venue?
A self-employed tutor using a hired room in a community centre or a library is still responsible for their own DBS check. The venue does not carry out the check on their behalf. Since January 2026, self-employed tutors can obtain an Enhanced DBS check directly through a registered platform, without needing an employer to arrange it.
- Is an Enhanced DBS check enough, or are there other safeguarding requirements?
A DBS check is one element of safeguarding, not the whole picture. Out-of-school providers working with children are also expected to have a safeguarding policy, to identify a designated safeguarding lead, and to ensure all staff have received appropriate safeguarding training. A DBS certificate confirms criminal history; it does not replace the broader safeguarding framework.
- Are online tutors and remote activity providers subject to the same requirements?
The GOV.UK guidance on out-of-school settings is primarily focused on in-person provision. Remote or online delivery does not involve the same physical safeguarding risks, but providers working with children online are still expected to have appropriate safeguarding policies in place, including policies on online safety and appropriate conduct in video sessions.
- What is regulated activity in the context of out-of-school settings?
In an out-of-school setting, teaching, coaching, instructing, or supervising children constitutes regulated activity if it takes place on a regular basis, typically three or more days in any 30-day period, or if it involves overnight supervision, or if the activity is teaching or training by nature, which is regulated regardless of frequency. An Enhanced DBS check with the Children’s Barred List check is required for anyone in regulated activity in these settings.
- What should a parent look for in a self-employed provider’s DBS check?
A parent should ask to see the original DBS certificate or request an Update Service status check using the certificate reference number. They should confirm that the check is an Enhanced check that includes the Children’s Barred List. A certificate that shows no information to disclose and a clear barred list result provides the safeguarding assurance that parents rightly expect from a self-employed provider working with their child.
This guide applies to self-employed workers in England and Wales only. Self-employed workers in Scotland should apply through Disclosure Scotland. In Northern Ireland, the equivalent service is AccessNI. This page is for guidance only and does not constitute legal advice. If you have questions about your specific circumstances, contact our support team or consult a qualified legal adviser.
Apply for an Enhanced DBS Check
Self-employed-dbs.co.uk processes Standard and Enhanced DBS applications for paid self-employed workers in England and Wales. No employer needed. Apply online with digital ID verification available.