Below you will find the definition of 'NEW' and 'OLD' regulated activity to help you determine if a DBS check is required.
What is ‘regulated activity’?
Regulated activity is a statutory term used to describe working or volunteering with children or any adult which may be considered vulnerable.
Follow the flow chart below to identify which, if any DBS check is relevant:
If a person engages in one of the following activities, regardless of frequency (a person could engage in the activity only once), then a DBS enhanced and barred list check is required:
Relating to adults
(i)Providing health Care - healthcare for adults provided by, or under the direction or supervision of a regulated health care professional
(ii)Providing personal care - personal care for adults involving hand-on physical assistance with washing and dressing, eating, drinking and toileting; prompting and supervising an adult with any of these tasks because of their age, illness or disability; or teaching someone to do one of these tasks
(iii)Providing social work - provision by a social care worker of social work which is required in connection with any health services or social services
(iv)Assistance with cash, bills and or shopping - assistance with an adult’s cash, bills or shopping because of their age, illness or disability arranged via a third party
(v)Assistance in the conduct of a person's own affairs - Anyone who provides forms of assistance in the conduct of an adult's own affairs, for example by virtue of an enduring power of attorney.
(vi)Conveying - conveying adults for reasons of age, illness or disability to, from, or between places, where they receive healthcare, personal care or social work arranged via a third party
Relating to children
(i)Unsupervised activities - These activities are teaching, training, instructing, caring for or supervising children or providing advice/guidance on wellbeing or driving a vehicle solely for children
(ii)Working for a limited range of establishments (specified places) - Work for a limited range of establishments ('specified places'), with the opportunity for contact: for example schools, children's homes, childcare premises.
Work carried out by volunteers supervised to a reasonable level, in accordance with the statutory guidance on supervision (the volunteer must be in eyesight of the supervisor at all times whilst undertaking the work), in these establishments is not regulated activity. However a supervised paid employee working for a specified establishment does come under regulated activity.
(iii)Health care - Health care for children provided by, or under the direction or supervision of a regulated health care professional
(iv)Personal Care - Personal care for children involving hands-on physical assistance with washing and dressing, eating, drinking and toileting; prompting and supervising a child with any of these tasks because of their age, illness or disability; or teaching someone to do one of these tasks
OLD! Regulated activity
A person must either:
Carry out work of a specified nature (A) AND the work must be frequent, intensive and/or overnight (C)
The work must be in a specified palce (B) AND be frequent, intensive and/or overnight (C) AND give the person the opportunity for contact with Children or Vulnerable Adults (D)
The positions listed in this guide represent the professions, offices, employments, work and occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974 and are also eligible for an ehanced CRB.
A - Of a specified nature
- Advice (provided wholly or mainly for vulnerable adults)
B - In a specified place
- Pupil referral units
- Childcare premises
- Residentail children's care homes
- Children's hospitals
- Children's detention centres
- Children's centres in England
- Adult care homes
C - Frequently, intensive and/or overnight
- Once a week for most services, but once a month or more for health and social care services involving personal care
- Takes place on 4 days or more in one month or more
- Overnight between 2am-6am
D - Opportunity for contact with Children or Vulnerable Adults
- The opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children
- The opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with Vulnerable adults