Background Checks and Reality TV

Production companies for film and television have an understandable concern regarding public opinion. If they were to employ or feature someone on a programme who is a danger to staff, the audience or even the public, this could be incredibly harmful to their reputation. This is why background checks are a regular part of media production.

While employees of production companies regularly undergo checks as part of the recruitment process, contestants on reality TV and game shows are also subject to checks. The types of checks utilised by production companies vary. Commonly these can be a combination of: Media Checks, which search for any reference to an individual in the press; Basic DBS Checks, the lowest level of criminal record check available in the UK; Identity Checks, confirming that an individual is who they say they are; and various types of social media screening.

Basic DBS Checks are the most commonly requested background check from production companies. These checks are quick to turn around (our personal record is around 9 minutes) and involve a search of the Police National Computer for any unspent convictions. This can give a good idea of any potential concerns regarding an individual.

Another reason why they are a go-to for production companies is that these are often the only check they are able to run. So, when The Sun recently reported that Love Island contestants are subject to checks “just like teachers must undergo before getting classroom jobs” it’s a little bit misleading. Below, we’ll breakdown exactly why in more detail:

Basic DBS Checks

This level of DBS Check will show any ‘unspent’ convictions or conditional cautions on someone’s record under the terms of the Rehabilitation of Offenders Act 1974. A conviction becomes spent after a certain period of time has passed; this is called the rehabilitation period. The rehabilitation period varies depending on the seriousness of the offence, and some convictions will never become spent.

Basic DBS Checks can be run for any purpose or job role. These are the checks run on Love Island contestants before they’re shipped off to the Casa Amor. The higher levels of DBS Check (Standard or Enhanced) are strictly regulated and need individuals to meet certain ‘eligibility’ criteria.

DBS Checks for Teachers

Teachers, unlike Love Island contestants, are subject to the highest level of criminal background check available in the UK, the Enhanced DBS Check. An Enhanced DBS Check for a teacher would not only reveal unspent convictions and conditional cautions but also:

• Warnings

• Reprimands

• Spent convictions

• A check of the Children’s Barred Lists

• Any notes from the local police that they deem relevant for the employer to know considering the job role.

To be eligible for an Enhanced DBS Check with a search of the Children’s Barred List included, individuals must be carrying out some kind of regulated activity in relation to children. Regulated activity refers to certain roles that involve working with children or vulnerable adults, such as teaching. For teachers, the regulated activity they are carrying out is defined as:

“Individuals who provide teaching, training or instruction to children on more than 3 days in a 30 day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children, except where:

• The recruiting organisation decides the individual is sufficiently supervised in line with DfE statutory guidance and they are not a paid member of staff in a specified establishment.

• This is provided and designed for adults so the presence of a child is unexpected, i.e. an adult attends a night class and brings their child with them.

• These activities are being provided to 16 and 17-year-olds in work (including voluntary work)”

Eligibility

Criteria like the above exist for many job roles that you would expect, such as medical staff. There is also guidance on roles you might not immediately think of, like people working on nuclear weapons sites. However, what both of these have in common is that it's necessary for the employer to be aware of a potential employee's entire criminal record history.

Love Island’s contestants would not meet any eligibility criteria for the Enhanced DBS Check. The Sun newspaper’s casual comparison between the checks run on them and those run on teachers seriously overexaggerates the situation. An Enhanced DBS Check would only be needed if someone was carrying out regulated activity on set.

In the case of film and television, employees who might be eligible for an Enhanced Check would generally be limited to:

• A chaperone employed to accompany a child on set.

• Someone who teaches or instructs children unsupervised, like a tutor

There might be a few exceptions to this, but eligibility would need to be judged on a case-by-case basis. If you’re looking for more information regarding background screening packages for your TV or film production, get in touch and we’ll be happy to discuss your requirements.

You can give Personnel Checks a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk and we’ll get back to you asap!