The Regulatory Landscape for Drama Schools
Drama schools sit at the intersection of education, entertainment, and childcare regulation. Depending on the nature of your activities, you may be subject to requirements from several different regulatory frameworks, and the consequences of non-compliance range from reputational damage to criminal prosecution.
The core framework is the Children Act 1989 and 2004, supplemented by Working Together to Safeguard Children 2023. On top of this, drama schools that stage public performances with children must comply with the Children and Young Persons Act 1963 (performance licensing), and those that look after children for extended periods may need to consider Ofsted registration requirements. If you employ or engage freelance staff, employment law and HMRC rules add another layer.
This guide focuses on the areas most specific to drama schools, where the regulatory requirements differ from those of a standard children's activity provider.
DBS Checks: Who Needs What Level
Every person who has regular unsupervised contact with children in your drama school needs an Enhanced DBS check with a Barred List search. This includes:
- All employed teachers and instructors
- Freelance workshop leaders and guest practitioners
- Regular volunteer helpers who are unsupervised with children
- Your administrative staff if they have contact with children (e.g., reception, registration)
Freelancers and Guest Practitioners
Drama schools frequently bring in freelance practitioners for specialist workshops: stage combat, dialects, audition technique, musical direction. Each of these individuals needs a valid DBS check. You have two options:
- Accept their existing DBS: If they are on the DBS Update Service, you can run an instant status check to confirm their certificate is still current. This is the fastest approach.
- Commission a new DBS: If they are not on the Update Service, you will need to process a new check through your registered body. This can take two to eight weeks, so plan ahead.
If a guest practitioner does not have a valid DBS check, they must not be left unsupervised with children. A DBS-checked member of your permanent staff must be present in the room at all times. Document this supervision arrangement in writing.
A freelancer's talent is irrelevant if they do not have the correct DBS clearance. No check, no unsupervised access. No exceptions.
DBS Renewal and the Update Service
DBS certificates do not expire, but they are only accurate on the date of issue. Best practice is to renew every three years. Encourage all staff and regular volunteers to subscribe to the DBS Update Service (£13 per year, paid by the individual) so you can run instant status checks at any time. Maintain a central register of all DBS checks with issue dates, certificate numbers, Update Service status, and next renewal dates.
Chaperone Licensing
When children perform in a public production, the law requires that they are supervised by licensed chaperones who are separate from the production team. This is a legal requirement under the Children and Young Persons Act 1963, not a guideline or best practice recommendation.
What Is a Licensed Chaperone?
A chaperone licence is issued by the local authority where the chaperone resides. To obtain a licence, the individual must:
- Be over 18 (most local authorities require over-21)
- Hold a valid Enhanced DBS check with Barred List search
- Complete a chaperone training course approved by the local authority
- Provide character references
- Pay the application fee (varies by local authority, typically £15 to £35)
The licence is valid for three years and is specific to the local authority that issued it, although most authorities honour licences from other areas.
When Are Chaperones Required?
Licensed chaperones are legally required whenever a child performs in a public performance that is not covered by one of the statutory exemptions. The exemptions are limited and specific:
- Performances organised by a school as part of its educational activities
- Performances where the child receives no payment and the performance is not broadcast
- Performances by children aged 13 and over that take place on fewer than four days in a six-month period
Many drama school productions will require chaperones because they involve multiple performances, may charge ticket prices that could be construed as payment to the child (even indirectly), and are advertised to the public. Err on the side of compliance: if in doubt, use licensed chaperones.
Chaperone Ratios
The standard ratio is one chaperone to twelve children. For children under five, the ratio is one to three. During performances, chaperones must be backstage with the children, not in the audience watching the show. They are responsible for the children's welfare, not the production's success.
Licence to Perform
Separate from chaperone licensing, children who perform in certain types of public performance may need an individual performance licence (sometimes called a "licence to perform" or "child performance licence"), issued by the local authority where the child lives.
When Is a Performance Licence Required?
A performance licence is required when a child:
- Takes part in a performance for which a charge is made (directly or indirectly)
- Performs in a broadcast or recorded production
- Is absent from school to rehearse or perform
The exemptions mirror those for chaperones but are applied to the individual child rather than the event. For most drama school end-of-term productions where tickets are sold, you should consider whether performance licences are needed. Many local authorities take a pragmatic view of drama school performances, but the legal requirement exists and you should be aware of it.
Applying for Performance Licences
Applications are made by the producer (your drama school) to the local authority where each child resides. You will need:
- The child's details and a recent photograph
- Parent or guardian consent
- Details of the performance (dates, times, venue)
- Confirmation that a licensed chaperone will be provided
- Details of the child's school and confirmation that the performance will not unduly affect their education
Applications should be submitted at least 21 days before the first performance. For productions with large casts spanning multiple local authority areas, this is a significant administrative exercise. Start early and maintain a tracking spreadsheet to ensure every child's licence is confirmed before the first rehearsal in the performance venue.
Physical Contact, Emotional Content, and Power Dynamics
Drama involves elements that create specific safeguarding considerations beyond those in most children's activities.
Physical Contact
Stage combat, dance lifts, physical theatre, and emotional scenes may require physical contact between participants or between instructor and student. Your safeguarding policy must address this explicitly:
- All choreographed physical contact must be discussed, consented to, and rehearsed before performance.
- No physical contact between instructor and student without a second adult present in the room.
- Parents should be informed of any physical contact requirements for their child's role and given the opportunity to discuss concerns.
- Students must know they can withdraw consent for physical contact at any time without penalty.
Emotional Content and Duty of Care
Drama explores difficult emotions. A student playing a character who experiences grief, abuse, or trauma may be affected by the material. Teachers must be trained to recognise when a student is struggling with content, to provide appropriate support, and to refer to your Designated Safeguarding Lead if they have concerns about a student's wellbeing.
Director-Student Power Dynamics
The director-actor relationship involves significant power imbalance, particularly with children. A director decides who gets which role, who gets praise, and who gets criticism. This power must be exercised responsibly. Your code of conduct should explicitly address casting decisions (transparent criteria, no favouritism), feedback delivery (constructive, never humiliating), and one-to-one interactions (avoid wherever possible, always in a visible space with others nearby).
Building a Compliance Culture
Compliance is not a file in a drawer. It is a daily practice embedded in how your drama school operates.
Practical Steps
- Designate a Safeguarding Lead who is trained to Level 3 and available to staff, students, and parents.
- Display your safeguarding information prominently in your venue: the DSL's name and photo, the NSPCC Helpline number, Childline number, and your reporting procedure.
- Train all staff annually: Basic safeguarding awareness for everyone, enhanced training for the DSL and their deputy.
- Maintain a central compliance register: DBS checks, chaperone licences, first aid certificates, safeguarding training dates, and insurance renewals, all in one document with renewal alerts.
- Audit annually: Review your safeguarding policy, code of conduct, and compliance register at least once a year. Have an external reviewer if possible.
A management platform like AMES can maintain your compliance register digitally, send automatic renewal alerts, store policy documents, and generate compliance reports for inspections or parent enquiries.
Key Takeaways
- All staff and freelancers with unsupervised access to children need Enhanced DBS checks with Barred List search. No exceptions.
- Licensed chaperones are a legal requirement for most public performances involving children. The ratio is one chaperone to twelve children.
- Performance licences may be required for individual children in ticketed productions. Apply at least 21 days before the first performance.
- Address physical contact, emotional content, and director-student power dynamics explicitly in your safeguarding policy.
- Maintain a central compliance register with renewal alerts for all DBS checks, licences, and training certificates.
- Build compliance into your daily practice, not just your documentation.
