A list 99 check is a check against information held under Section 142 of the Education Act 2002. The list is maintained by the Department for Children, Schools and Families (DCSF) and contains the details of those who are banned or restricted from working in an education setting.
Local authorities, schools, and further education institutions must check the list before confirming a person’s appointment in order to ensure that they do not appoint someone whose employment is banned or restricted. A list 99 check is carried out as part of the enhanced disclosure process, however, obtaining a list 99 check separately may enable an applicant to start work before the enhanced disclosure is completed.
A list 99 check (a prerequisite for those wishing to work in an Education setting) does not include a check against the ISA Children’s Barred List, which contains information about people barred or restricted from working with children in any setting. This can only be obtained as part of the enhanced disclosure process.
So, a separate list 99 check, depending on the result, may enable an applicant to start work while the enhanced disclosure is being processed (subject of course to all other relevant references and pre-employment checks being completed).
For a school to request a list 99 check, the applicant must be engaging in regulated activity. Working in an establishment such as a school is regulated activity if the frequency/intensity test is satisfied and there is opportunity for contact with children.
From 10th September 2012 as a result of the Protection of Freedom Act, supervised volunteers in an establishment such as a school were removed from regulated activity – all other positions in a school (supervised or not) are still in regulated activity as long as the frequency/intensity & opportunity for contact with children criteria are satisfied. The only other exception to this is for individuals contracted to provide occasional or temporary services (not teaching, training or supervision of children). Positions captured here will generally be maintenance type positions that come into carry out building work, replace windows etc.
As with supervised volunteers, these positions were removed from regulated activity as a result of the Protection of Freedom Act so a DBS Barred List check should no longer be requested, either as part of a DBS application or as a standalone ‘list 99’ check.
Activities that used to be regulated before September 2012 are still eligible for enhanced disclosures, but not for a barred list check.
- A supervised volunteer in a school is no longer in Regulated Activity (List99 checks not allowed, enhanced disclosures allowed)
- Individuals contracted to provide occasional or temporary services (not teaching, training or supervision of children) are no longer in Regulated Activity regardless of whether they are supervised or not e.g. maintenance contractors (List99 checks not allowed, enhanced disclosures allowed)
- All other positions in a school that satisfy the frequency/intensity criteria and have opportunity for contact with children are still in Regulated Activity, regardless of whether they are supervised or not, and therefore entitled to a DBS Children’s barred list check (List 99) and/or an Enhanced Disclosure
If you require further clarification of who can be checked via a List99 the enquiry should really be forward to the Department for Education as they are responsible for this process.
The cost for a list 99 check through APCS is £12.50 plus VAT.
The cost for a list 99 check for organisations who are registered with APCS to carry out DBS checks is £6.00 plus VAT.
Same day results for all orders received before 2.30pm Monday – Friday. For any orders received after 2.30pm, the results will be issued the next working day.
There are two possible results to a list 99 check:
1). ‘No matching records were found’.
In this case you may allow the applicant to start work (subject to all other relevant references and pre-employment checks being completed).
2). If there is a match we will make contact with you immediately and provide the relevant guidance.