List 99 checks only ever apply to people who want to work with children, either in schools or in clubs, sports coaching or similar activities. If the job you’re applying for doesn’t involve working with children, you will not have a List 99 check carried out, but if you are, it’s one of the databases which is checked during an enhanced disclosure.
What is List 99?
List 99 is actually a term which is out of date, as the register to which “List 99” refers has been renamed as the Children’s Barred List. This name gives a much better idea of what names are on the list; it’s a register of people who are legally barred from working with children. Most of the people on List 99 are there because they’ve been convicted of serious crimes such as rape or murder, or other offences involving children. People convicted of these crimes will be told their names will be put on the Barred list at the time of sentencing. There are other reasons why people might end up on the list too, such as convictions for stealing from pupils or school premises or helping children to cheat in exams. List 99 contains not just the names of people barred but also other identifying information such as aliases they might use, National Insurance numbers and dates of birth. There are an estimated 57,000 names listed on the Children’s Barred List in the UK, for all manner of reasons.
Checking List 99
DBS – the Disclosure and Barring Service – checks List 99 and other barred lists as standard on its Enhanced Disclosures. These are the types of disclosures needed for jobs and voluntary roles where adults have unsupervised access to children or are in a position of trust. Employers can’t make the decision about whether or not to run enhanced disclosure checks on their staff; it’s decided by the government. There is clear guidance on the DBS website about what sort of roles fall into this category and which roles don’t. Using the information which the applicant has provided on their DBS form such as their name, address and other personal details, the DBS will check for matches on the List 99 database. If a match is found, then the person cannot be offered a job requiring an enhanced DBS check. This is different to other convictions and cautions which may be disclosed on a form and used by the employer to make a recruitment decision. When it comes to List 99 the law is quite clear – if you’re on the list, you can’t apply for the job.
Coming Off List 99
Most people on List 99 are there because their crimes are of a serious nature and that means that they are barred for life. People who are on List 99 have the right to ask for their inclusion to be reconsidered after 10 years, or if new information comes to light which throws doubt on the original reason for their inclusion on the list.