Self-employed workers in Northern Ireland who provide services to vulnerable groups—including private tutors, personal carers, and therapists—can now apply for Enhanced AccessNI checks for the first time, closing a significant gap in safeguarding protections.
Justice Minister Naomi Long announced the change on 17 February 2026, confirming that legislative amendments to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 now allow individuals working outside traditional organisational structures to undergo the highest level of criminal record disclosure. Previously, only those employed by organisations such as schools or hospitals could request these checks, leaving families who hire self-employed workers directly without equivalent vetting tools.
Closing a Long-Standing Safeguarding Gap
Under the previous system, self-employed individuals could only obtain Basic AccessNI checks, which reveal unspent convictions only. This created a significant disparity: while a teacher employed by a school would undergo rigorous Enhanced checking—including spent convictions, relevant police intelligence, and barred list status—a self-employed tutor offering one-to-one lessons in a child’s home had no direct route to demonstrate the same level of clearance.
The new exemption created within the 1979 Order means that self-employed people and personal employees—those hired directly by private individuals, for example through direct payments or personal health budgets—can now apply for Enhanced or Enhanced with Barred List checks provided their role involves regulated activity with children or vulnerable adults.
What the Checks Reveal
Enhanced AccessNI checks provide comprehensive disclosure including:
- All spent and unspent convictions (subject to filtering rules that remove certain minor or old offences)
- Relevant police information held locally that might indicate risk
- Whether the individual appears on the Disclosure and Barring Service (DBS) barred lists for children or vulnerable adults
This information is particularly crucial for workers who enter private homes unsupervised or who provide one-to-one care services.
How to Apply
Self-employed individuals cannot apply directly to AccessNI for Enhanced checks. Instead, they must use the services of a registered AccessNI Umbrella Body, which will process the application on their behalf.
According to standard AccessNI procedures, Enhanced checks cost £32 and are typically processed within 10 to 21 days for most applications, though complex cases requiring additional police enquiries may take longer. Once issued, the digital certificate is available through the applicant’s nidirect account, which they can then share with prospective clients.
Importantly, families hiring these workers cannot apply for checks on their behalf. Instead, they must ask to view the applicant’s original certificate and can use the DBS Update Service (or equivalent AccessNI updating system) to verify that the certificate remains current, as disclosure certificates have no official expiry date and reflect only the information held at the time of issue.
Minister’s Statement
Justice Minister Naomi Long welcomed the legislative change, stating:
“I’m delighted to be able to introduce this change today and to confirm that the statutory provisions covering this have been updated accordingly.
“Safeguarding vulnerable people in our society is of utmost importance to us all. This change closes a long-standing gap in the criminal history disclosure process and will provide much assurance to many parents across Northern Ireland.”
Broader Context and Considerations
This change aligns Northern Ireland with recent legislative amendments across England and Wales, where similar provisions for self-employed Enhanced DBS checks came into force on 21 January 2026. The move addresses recommendations from safeguarding organisations that have long highlighted the vulnerability of children receiving private tuition or care in unregulated settings.
However, the new system relies on self-employed individuals voluntarily obtaining checks and clients requesting to see them. Unlike regulated activity within organisations, there is no statutory requirement for all self-employed workers in these sectors to undergo checking, potentially leaving gaps in protection where individuals choose not to apply or where clients fail to request evidence.
Additionally, the £32 fee may present a barrier for low-income workers or those starting out in self-employment, raising questions about whether financial assistance or fee waivers might be considered for certain sectors.
Questions for Stakeholders
- Will the Department of Justice consider making Enhanced checks mandatory for self-employed workers in regulated activity, or will this remain a voluntary system reliant on client demand?
- How can families verify the authenticity and currency of a certificate presented by a prospective hire, given that AccessNI certificates have no official expiry date?
- What provisions, if any, will be made to assist low-income self-employed workers with the £32 application fee?
- How will this change interact with the broader Enabling Access to Justice Programme, and will there be monitoring of uptake rates among vulnerable sectors?
The Department of Justice has directed those seeking further information to the nidirect website, which provides detailed guidance on eligible roles and the application process through Umbrella Bodies.