Safeguarding for nannies and families in England and Wales is about to improve. The Home Office has now laid a statutory instrument in Parliament which will, for the first time, allow self-employed workers and personal employees to apply for enhanced DBS checks with the relevant barred lists.
Subject to parliamentary procedures, the change is set to come into force on 21 January 2026. The legislation behind this update is The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2025.
Why is this important?
Until now, self-employed nannies were unable to obtain an enhanced DBS with the children’s barred list — despite working in sole-charge roles with young children. This has long been a safeguarding gap the National Nanny Association has pushed to close.
This legal change finally allows self-employed nannies, tutors, and babysitters to obtain:
- Enhanced DBS checks
- Enhanced DBS with the children’s barred list
This aligns the level of vetting available with what other childcare professionals can access.
But there’s a crucial point to understand: it is still NOT mandatory
While this change is positive, it does not create a system where nannies are legally required to obtain this level of check.
England & Wales
- Access to enhanced DBS with barred lists will become possible.
- But there is no legal requirement for nannies to have one.
- Families and agencies can continue to hire nannies with no DBS check at all.
- There is no enforcement consequences.
Scotland (for comparison)
Scotland operates the PVG Scheme, a mandatory vetting system for anyone working with children or vulnerable adults.
- If a nanny is not a member of the PVG Scheme,
- and they work with children in a regulated role,
- it is a criminal offence.
This means Scotland has statutory safeguarding protections that England & Wales simply do not currently have.
Why this matters
This difference highlights exactly why the Nanny Association continues to advocate for:
- Mandatory DBS checks
- A national nanny register
- Statutory regulation of the nanny profession
The new legislation is progress — a small but significant step — yet it still relies entirely on voluntary compliance. It does not bring England & Wales in line with Scotland’s stronger legal protections.
What this means for the future
This update strengthens the argument for some sort of regulation within the nanny industry. It demonstrates recognition from the government that self-employed childcare workers need access to proper vetting.
But we still need:
- A mandatory legal requirement for nannies to be vetted
- A system where failure to comply has consequences — as in Scotland
- Consistent safeguarding standards regardless of area in the UK.
The National Nanny Association will continue pushing forward with their proposals. Please see our proposals here:https://thenationalnannyassociation.co.uk/nanny-regulation-in-the-uk-the-road-to-regulation/. And please sign our petition to make Enhanced DBS checks mandatory for nannies here: https://www.change.org/p/make-enhanced-dbs-checks-mandatory-for-nannies-and-tutors?recruiter=1390757924&recruited_by_id=7383d2e0-9d57-11f0-a988-1b86cb3f4959&utm_source=share_petition&utm_campaign=petition_dashboard&utm_medium=copylink