Westminster Policy News & Legislative Analysis

NI adds restorative justice to enhanced checks from 17 Feb 2026

Northern Ireland has confirmed statutory changes to criminal records disclosure under Part 5 of the Police Act 1997. The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2026 (SR 2026 No. 13), made on 3 February 2026 and commencing on 17 February 2026, amend the 2008 Disclosure Regulations to: add a new prescribed purpose for restorative justice practitioner roles accredited by the Department of Justice; require adults’ barred list ‘suitability information’ where that purpose applies; and make explicit eligibility for enhanced checks for under‑16s living in Homes for Ukraine host households. The instrument is signed by the Justice Minister, Naomi Long.

Regulation 9 of the 2008 Disclosure Regulations sets out the prescribed purposes for which an enhanced criminal record certificate can be requested. The new provision inserts “considering the applicant’s suitability to act as a restorative justice practitioner,” creating a clear legal basis for AccessNI to process enhanced applications for candidates seeking Department of Justice accreditation in this field. The Department’s published guidance confirms that prescribed purposes are defined in regulation 9 of the 2008 Regulations and determine eligibility for enhanced disclosure. (justice-ni.gov.uk)

Alongside the new purpose, regulation 9B is updated so that enhanced certificates obtained for restorative justice practitioner roles include ‘suitability information relating to adults’. In practice, this means the certificate will indicate, where relevant, whether the applicant is barred from engaging in regulated activity with adults, aligning these checks with safeguarding requirements already used for other prescribed purposes. The AccessNI framework explains how such suitability information complements conviction data on enhanced certificates. (justice-ni.gov.uk)

The change arrives as the Department of Justice rolls out its Adult Restorative Justice Practice Standards and Accreditation Framework, published on 17 October 2025. The framework sets competency, training and quality benchmarks for organisations and practitioners delivering services on behalf of the criminal justice system. The new prescribed purpose ensures the vetting regime matches that accreditation model. Recent departmental updates also set out progress against the 2022–2027 Adult Restorative Justice Strategy, reinforcing the policy intent to integrate restorative approaches across the system. (justice-ni.gov.uk)

The Regulations also amend regulation 12 to provide for enhanced check eligibility for those under 16 if they live in a household hosting people under the Homes for Ukraine Sponsorship Scheme. This goes beyond standard age thresholds and is designed to support safeguarding where minors share accommodation with sponsored arrivals. UK guidance for local authorities already anticipates enhanced checks, including barred lists, for household members aged 16 and over in sponsorship cases; the Northern Ireland measure makes explicit provision where under‑16 checks are judged necessary by the competent authorities. (gov.uk)

For councils, host households and voluntary sector partners, the immediate effect is administrative clarity. From 17 February 2026, countersignatories can lawfully request an AccessNI enhanced certificate citing the new restorative justice practitioner purpose and, where relevant, obtain adults’ barred list information under regulation 9B. For Ukraine sponsorship scenarios, caseworkers have a defined route to request enhanced checks for under‑16 household members where this is required by safeguarding assessments. (justice-ni.gov.uk)

The Committee for Justice considered the policy proposal (SL1) for these Regulations at its meeting on 11 December 2025, indicating the Department’s intention to update prescribed purposes and related eligibility in early 2026. The final instrument reflects that trajectory and provides continuity with earlier amendments that widened safeguarding checks for defined roles and settings. (niassembly.tv)

Restorative justice providers should map recruitment and accreditation timelines to the commencement date. Organisations seeking Department of Justice accreditation should build enhanced checks with adults’ barred list information into onboarding for facilitators, supervisors and case‑holding roles that meet the accreditation criteria. The Department’s standards and accreditation framework should be read alongside the amended disclosure regime to ensure compliance end‑to‑end. (justice-ni.gov.uk)

While the Regulations take effect on 17 February 2026, operational guidance and AccessNI application materials are expected to be updated by the Department to reflect the new purpose and under‑16 eligibility route. Until formal guidance is refreshed, countersignatories should retain evidence that roles fall within the restorative justice practitioner purpose and record safeguarding rationales for any under‑16 checks linked to Homes for Ukraine households, consistent with established AccessNI practice. (justice-ni.gov.uk)