England and Wales widen spent conviction checks

From 21 January 2026, England and Wales have expanded the small set of jobs and licences where spent convictions can lawfully be considered. Parliament approved the change in late 2025, and the Ministry of Justice has brought it into force through an update to the Rehabilitation of Offenders Act (Exceptions) Order. In plain terms: in a few clearly defined cases, employers and some private individuals can now ask about spent convictions and use that information when deciding who to hire. (statutoryinstruments.parliament.uk)

Let’s anchor what a spent conviction is. Under the Rehabilitation of Offenders Act 1974, most convictions become “spent” after a rehabilitation period. Once spent, you normally don’t have to disclose them, and employers shouldn’t hold them against you. But the law has always carved out exceptions for safeguarding and public trust. The House of Commons Library explains this baseline, including the fact that some serious offences never become spent. (commonslibrary.parliament.uk)

What’s new for families and learners is who can ask and when. If you plan to employ a self‑employed person or a “personal employee” in work that counts as regulated activity with children or vulnerable adults, you may now ask about spent convictions to judge suitability. A personal employee means someone you hire directly to provide domestic or personal services in your home, such as a nanny or carer. Regulated activity is the legal term for roles with close, regular or unsupervised contact, or personal care. Parliament’s debate record sets out this change. (hansard.parliament.uk)

Here’s the home scenario. You’re hiring a self‑employed nanny. Before this update, enhanced checks with the barred lists were hard to obtain for self‑employed nannies working directly for families. Now, families hiring for regulated activity can ask about spent convictions and request the appropriate Enhanced DBS check with the children’s barred list. The National Nanny Association welcomed this as a safeguarding step for sole‑charge roles. (thenationalnannyassociation.co.uk)

Tutors and coaches fall into the same thinking: if a self‑employed tutor works in your home and the role meets the tests for regulated activity with children, you may lawfully ask about spent convictions and (where eligible) seek an Enhanced DBS certificate. If the work does not meet those thresholds, standard rules apply and you should not ask about spent convictions. This is why understanding the role against regulated‑activity criteria matters before you start vetting. (commonslibrary.parliament.uk)

Another new area covers people delivering electronic monitoring and field services under contract for the state-think the teams who install and maintain tags and carry out related visits. Those roles are now on the list where spent convictions may be considered, reflecting the sensitivity and trust involved. The legal hook here is the Secretary of State’s power to contract out probation and monitoring functions. (hansard.parliament.uk)

The Order also adds registered health care professionals who are employed or engaged by the Department for Work and Pensions, or by its contractors and sub‑contractors. These are the clinicians who assess claimants for certain benefits. For these posts, spent convictions can now be checked, and regulations separately confirm eligibility for Enhanced DBS with the barred lists when the work involves assessing children or vulnerable adults. The term “registered health care professional” aligns with definitions used in social security law. (hansard.parliament.uk)

Licensing gets an update too. Transport for London is gearing up to license pedicabs under the Pedicabs (London) Act 2024. Pedicab driver licences are now in the “excepted” list, meaning spent convictions may be taken into account when deciding if someone should hold a licence. Criminal records rules have also been amended so pedicab applicants can be considered for Enhanced DBS checks with the barred lists where relevant. (legislation.gov.uk)

A quick “what it means” for each group. Families can properly vet a self‑employed nanny or carer for regulated activity, with a clear legal basis for asking about spent convictions. Self‑employed educators should check whether their work pattern meets the regulated‑activity tests before being asked about spent records. Contractors delivering electronic monitoring should expect tighter vetting given the public‑protection role. DWP‑engaged clinicians and those seeking a London pedicab licence should be aware that spent convictions can be weighed in the decision. (hansard.parliament.uk)

It’s equally important to know what hasn’t changed. Outside the exceptions, you still don’t have to disclose spent convictions, and most employers must not ask for them. Some convictions, typically the most serious violent or sexual offences, never become spent. This balance-rehabilitation first, specific safeguarding carve‑outs second-remains the core of the UK system. (commonslibrary.parliament.uk)

If you’re an educator or student revising safeguarding law, remember the pattern: Parliament narrows and widens the exceptions over time to plug gaps that real‑world practice reveals. The 2026 change fits that pattern by addressing private household hiring, state‑contracted tagging work, DWP clinical assessments and a new London licence. Reading Hansard alongside the legislation helps you see the policy logic, not just the rule change. (hansard.parliament.uk)

Practical next steps if you’re hiring: define the role first, check if it is regulated activity, then choose the right level of DBS check. If you’re applying for one of the roles above, you can prepare by understanding how filtering works and what may appear on an Enhanced certificate. And if you’re unsure, ask the organisation to explain why an exception applies-the law expects clarity, not guesswork. (legislation.gov.uk)