A right to work check and a DBS check are two different things. One establishes that a person is legally entitled to work in the United Kingdom. The other checks their criminal record. They are separate processes, governed by different legislation, and neither one substitutes for the other.
This guide explains what a right to work check is, how it differs from a DBS check, when both may be relevant for a self-employed worker, and what the Enhanced DBS check with Right to Work option involves.
What a Right to Work Check Is
A right to work check is a verification process that establishes whether a person is legally permitted to work in the United Kingdom. It is governed by the Immigration, Asylum and Nationality Act 2006 and related secondary legislation administered by the Home Office.
The legal obligation to carry out a right to work check sits with the employer. An employer who fails to check that an employee has the right to work can face a civil penalty of up to ยฃ60,000 per illegal worker, as well as potential criminal prosecution in more serious cases. The check provides the employer with a statutory excuse against liability if it is carried out correctly and the documentation provided is genuine.
Right to work checks are carried out using documents approved by the Home Office. These typically include a UK or Irish passport, a biometric residence permit, or a share code generated through the Home Office online right to work checking service. The list of acceptable documents and the approved checking methods are published and updated on GOV.UK.
Employers who fail to carry out proper right to work checks can face civil penalties of up to ยฃ60,000 per illegal worker.
How Right to Work Checks Differ From DBS Checks
A DBS check and a right to work check are entirely different processes with different purposes, managed by different organisations.
A DBS check, managed by the Disclosure and Barring Service, searches criminal record databases and returns information about an individual’s criminal history. The purpose is safeguarding: ensuring that people working with children or vulnerable adults do not have a history that makes them unsuitable for that work.
A right to work check, managed through the Home Office framework, verifies immigration status and the legal entitlement to work in the UK. It has nothing to do with criminal history. Someone can have a clear DBS certificate and not have the right to work, or they can have the right to work and a disclosed criminal record. The two pieces of information serve different compliance needs.
When an organisation requires both, they are separate processes. Completing one does not satisfy the other, and documents used for one are not automatically acceptable for the other.
Right to Work and Self-Employed Workers
The legal obligation to check the right to work applies to employers engaging employees, not to individuals checking their own status. Self-employed workers do not formally check their own right to work in the way an employer would.
However, organisations and clients that engage self-employed contractors may still ask for evidence of the right to work as part of their contracting or onboarding process. This is particularly common in sectors with formal compliance frameworks, such as healthcare, education, and certain types of government-commissioned services.
Where a client or agency asks for right to work evidence alongside a DBS certificate, they are asking for both because their policies or contractual obligations require both to be verified. The self-employed worker may need to provide documents to satisfy both requirements, but through separate processes.
For self-employed workers who are British or Irish citizens, or who hold indefinite leave to remain or a biometric residence permit confirming the right to work, providing evidence is generally straightforward. A passport or the relevant Home Office documentation confirms the position.
That said, in practice many organisations that engage self-employed workers treat the right to work check as their responsibility, even where the legal obligation may not strictly require it. Schools, care homes, and local authorities routinely verify the right to work of all workers, including self-employed contractors, as part of their standard onboarding processes.
The Enhanced DBS Check With Right to Work
An Enhanced DBS check with Right to Work is a combined check that incorporates the standard Enhanced DBS criminal record check and an identity and immigration status check in a single application process.
The Right to Work element uses digital identity verification and checks against Home Office records to confirm that the applicant has the right to work in the UK. It is processed alongside the Enhanced DBS check, simplifying the vetting process for organisations that require both verifications for the same individual.
The statutory fee for an Enhanced DBS check with Right to Work is ยฃ49.50, the same as for a standard Enhanced DBS check without the Right to Work element. Full details of fees are available on the DBS check costs page.
Not all self-employed workers will be asked for this combined check. Whether it is required depends on the organisation requesting the check and their specific compliance obligations. If a client asks for an Enhanced check with Right to Work, this combined option satisfies both requirements through one application.
The Enhanced DBS check with Right to Work is particularly useful for self-employed workers who are applying for an Enhanced DBS check anyway. Rather than running two separate processes, the combined check handles both requirements in a single application, reducing paperwork and speeding up the onboarding timeline.
When Both a DBS Check and Right to Work Evidence May Be Needed
Some engagements, particularly in the public sector and in regulated services, require both a DBS check and verification of the right to work before a self-employed worker can begin.
Schools, NHS trusts, and local authority commissioned services are examples of settings where both may be required as standard. Even where the self-employed worker is engaged on a contract rather than employed, the commissioning body may apply the same verification standards as for directly employed staff.
In the private sector, the position varies. Private clients hiring a tutor or a carer for a family member may ask for a DBS certificate but are unlikely to ask for formal right to work documentation. Agencies that place self-employed workers with clients may have their own onboarding procedures that include both checks.
The practical takeaway is that a DBS certificate and right to work evidence can both be obtained in advance and held ready for any engagement that requires them. Holding a current Enhanced DBS certificate registered with the DBS Update Service means the DBS side is always ready to present. Right to work evidence is generally a matter of having the relevant document available.
Parents and commissioning bodies increasingly expect to see evidence of all three elements together: a current Enhanced DBS certificate, a written safeguarding policy, and confirmation of recent safeguarding training. Holding all three is the baseline for professional credibility as a self-employed provider working with children in 2026.
In practice, commissioning bodies and local authorities that engage self-employed workers for regulated roles will often ask for both documents as a condition of the contract. Having a current Enhanced DBS check and right to work evidence ready before the engagement begins is the simplest way to meet these requirements without delaying the start of work.
How Parents Can Verify a Provider's DBS Status
Parents and carers engaging a self-employed tutor, coach, or activity provider have the right to ask for a copy of the provider’s DBS certificate before the first session. A reputable provider will expect this request and have a current certificate available to share.
If the provider is registered with the DBS Update Service, the parent can carry out a status check online rather than needing to see the physical certificate. The status check requires the certificate reference number and the provider’s date of birth. The result shows whether the certificate is current and unchanged. A clear status is a positive result and confirms the certificate is live.
When reviewing a DBS certificate, parents should check that it is an Enhanced check, not a Standard or Basic check. They should also confirm that the certificate includes the Children’s Barred List check, which is indicated on the face of the certificate. A certificate that does not include a barred list check does not provide the same level of assurance as one that does.
The date on the certificate is also relevant. An Enhanced DBS certificate issued three or more years ago, without Update Service registration, reflects the provider’s criminal history as of that date only. Parents who are not satisfied with the age of a certificate are entitled to ask the provider to obtain a more recent check before beginning work with their child. Since January 2026, this request is reasonable and deliverable, as self-employed providers now have direct access to the Enhanced check route.
Documents That Prove Right to Work
The Home Office publishes a list of acceptable documents for right to work checks. These fall into two groups. List A documents establish an indefinite right to work and include a UK or Irish passport, a certificate of registration or naturalisation as a British citizen, and a permanent residence card.
List B documents establish a time-limited right to work. These include a current biometric residence permit, a current passport with a valid visa, and a positive verification notice from the Home Office Employer Checking Service. List B documents require follow-up checks before the document’s expiry date.
Self-employed workers should be prepared to present these documents when a client, school, or commissioning body asks for right to work evidence alongside a DBS certificate. Having both ready before a new engagement begins avoids delays at the onboarding stage.
Common Questions About Right to Work and DBS Checks
- Is a DBS check the same as a right to work check?
No. They are entirely separate processes. A DBS check is a criminal record check managed by the Disclosure and Barring Service. A right to work check establishes whether a person is legally entitled to work in the United Kingdom and is governed by immigration law. Neither check substitutes for the other.
- Do self-employed workers need to provide a right to work check?
The legal obligation to carry out a right to work check sits with the employer, not the individual. Self-employed workers do not check their own right to work in the formal sense. However, organisations that engage self-employed contractors may ask for evidence of the right to work as part of their onboarding process, particularly if they have contractual or regulatory obligations to do so.
- What documents are used in a right to work check?
Right to work checks typically use a passport, a biometric residence permit, or other documents approved by the Home Office as evidence of the right to work in the UK. The list of acceptable documents is published on GOV.UK and is updated periodically. Digital right to work checks using certified identity service providers are also accepted for certain document types.
- Can a client refuse to engage me if I cannot provide right to work evidence?
Yes. An organisation that is required to carry out right to work checks as part of their regulatory obligations can decline to engage someone who cannot provide the necessary documentation. Whether this obligation applies to a specific engagement depends on the nature of the arrangement and the organisation’s own policies.
- What is an Enhanced DBS check with Right to Work?
An Enhanced DBS check with Right to Work is a combined check that includes the standard Enhanced DBS criminal record check alongside a check of an individual’s immigration status and right to work in the UK. It is used by some organisations to streamline their vetting process. The statutory fee is ยฃ49.50, the same as for a standard Enhanced DBS check.
- Does the DBS share data with the Home Office for immigration purposes?
The DBS and the Home Office are separate organisations, and a DBS check application does not automatically trigger an immigration check. However, certain government systems are able to share data for law enforcement and border security purposes. A DBS application is not designed as an immigration check and does not serve that function.
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 Your 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.