Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2025

In developing these proposals, officials have looked at evidence around gaps in the current framework and have considered the findings of the Independent Inquiry into Child Sexual Abuse. This instrument addresses those gaps and does so carefully. The instrument makes four amendments to the exceptions order. First, it extends access to enhanced DBS checks to self-employed individuals or personal employees working closely with children and vulnerable adults. Secondly, it brings within scope staff employed by the MoJ’s contracted provider of electronic monitoring and field services. Thirdly, it includes registered healthcare professionals employed or engaged by the Secretary of State for Work and Pensions or by their contractors and subcontractors. Finally, it enables appropriate disclosure checks for pedicab drivers in London, bringing them into line with taxi and private hire vehicle licensing following the Pedicabs (London) Act 2024. In each case, the amendment allows spent convictions to be considered as part of an informed and proportionate decision-making process, when assessing suitability for the role or licence in question. Relevant departments have committed to producing or updating guidance to support fair and consistent decision-making.

There is a compelling case for these changes. The first amendment closes a clear safeguarding gap. Families increasingly hire tutors, carers and therapists directly, often in unsupervised settings, yet without this change those individuals can only be asked for a basic criminal record check. Extending access to enhanced checks, including barred lists where appropriate, gives families the same reassurance that they would have if services were provided through an organisation such as a school. It also delivers on a key recommendation of the Alexis Jay inquiry.

The second amendment relates to electronic monitoring staff. These individuals play a crucial role in maintaining the integrity of court orders and release conditions. They have access to sensitive systems and exercise significant discretion. By enabling standard rather than basic disclosure checks, providers can better identify and manage risks and protect public confidence in the justice system.

Thirdly, the amendment covering registered healthcare professionals working for the DWP or its contractors reflects the vulnerability of the people they support. Around 2 million health assessments are carried out each year for individuals with long-term conditions or disabilities. Enabling fuller disclosure ensures that suitability for these roles can be properly assessed and appropriate safeguards maintained.

Finally, on pedicabs in London, following years of operating without regulation, TfL is now introducing a licensing regime. For that regime to command public confidence, pedicab drivers must be subject to the same safeguarding standards as taxi and private hire drivers. Without this amendment, TfL would be limited to basic checks, which is simply not sufficient, given the nature of the work.

This instrument strikes a careful and necessary balance. It strengthens safeguarding where it is needed, closes identified gaps and maintains the central principle of the ROA. The people who have moved on from their offending deserve the chance to rebuild their lives. I beg to move.

Finally, aligning the DBS regime for pedicab drivers in London with that already in place for taxis and private hire vehicles is both logical and, indeed, necessary. Regulation without proper disclosure would expose Transport for London to unnecessary operational and reputational risk and would be out of step with public expectations.

However, as my honourable friend Kieran Mullan noted in the other place, support for these changes comes with a note of caution. The system for obtaining enhanced DBS checks is already under strain, with delays in some police force areas. As eligibility is expanded, it is incumbent on the Government to ensure that the system can cope and that safeguarding improvements are not undermined by avoidable backlogs.

Taken together, these measures strike the right balance between rehabilitation and public protection. They are proportionate, targeted and consistent with existing safeguarding frameworks.