DBS Regulated Activity - Understanding Regulated Activities
What does the Disclosure and Barring Service define as 'Regulated Activities'? Why are they important?
The laws around Regulated Activities play a crucial role in safeguarding vulnerable individuals, particularly children and adults with limited capabilities. Anyone applying for a role involving Regulated Activity is required to go through strict vetting procedures, and organisations that fail to carry out these checks can pay major penalties, both legally and reputationally.
But what is Regulated Activity? And what steps can you take to keep your business out of legal jeopardy?
In this blog, we’ll help you understand exactly what Regulated Activity is, and how you can ensure you stay on the right side of the law.
Contents:
- What is a DBS Regulated Activity?
- What type of DBS check is required for Regulated Activities?
- Is there a list of DBS Regulated Activities?
- Common regulated activities with children
- Common regulated activities with adults
- Unofficial Activities that are Non-Regulated
What is a DBS Regulated Activity?
Any work or occupation that involves regular contact with children or vulnerable adults is classed as ‘Regulated Activity’ by the Disclosure and Barring Service (DBS).
This includes paid work in schools, nurseries, care homes, and hospitals, or unpaid activity, such as volunteering, or acting as a foster carer. However, any activities carried out in the course of family relationships, or as part of personal, non-commercial cooperation don’t count.
The purpose of DBS checks for Regulated Activities is to protect vulnerable people from harm and ensure that people who work with them are suitably vetted. Organisations have a legal responsibility to understand what Regulated Activity entails, and to ensure that all applicable candidates are completely compliant before they are hired.
What type of DBS check is required for Regulated Activities?
Any individual looking to carry out Regulated Activity, paid or unpaid, is eligible for an Enhanced DBS with Barred List check. This level of check includes a search of the Police National Computer (PNC) and a check of local police records, as well as a check of the relevant barred list and a review of any pertinent information.
It is illegal to employ or recruit someone to undertake Regulated Activity without vetting them using an Enhanced DBS check with Barred List.
What is the barred list?
There are two barred lists, the Children’s Barred List and the Adults’ Barred List. These lists contain the names of anyone who is not legally permitted to work with children or vulnerable adults, respectively.
Since “work with children or vulnerable adults” is the definition of Regulated activity, we can also say that Regulated Activity is, “work that a barred person cannot legally perform”.
Is there a list of DBS Regulated Activities?
The Disclosure and Barring Service (DBS) maintains a list of Regulated Activities with children or adults, which is regularly updated. These lists contain activities that involve regular contact with children or vulnerable adults, such as working in schools, nurseries, care homes, and hospitals.
Common regulated activities with children
Here is a list of various activities that involve interacting with children which would fall under the heading of “Regulated Activities”, and so would demand an Enhanced DBS Check with Banned List. This list is not exhaustive, so if you are still not certain whether a role involves Regulated Activity or not, we would suggest that you contact us to discuss.
| Activity | Frequency needed to qualify | Age of child |
|---|---|---|
| Teaching, training, instructing, caring for, or supervising children* | More than 3 days in a 30-day period, or once overnight between 2am and 6am, where there is opportunity for face-to-face contact | Under 18, unless relevant to the paid or unpaid employment of a 16 or 17 year old. |
| Advising or guiding children about their educational, emotional or physical wellbeing | More than 3 days in 30, or once overnight from 2am and 6am, where face-to-face contact could occur | Under 18, unless relevant to the paid or unpaid employment of a 16 or 17 year old |
| Moderating a web service solely or mostly for children | More than 3 days in a 30-day period | Under 18 |
| Driving a vehicle for children | More than 3 days in a 30-day period | Under 18 |
| Health or personal care | At least once | Under 18 |
| Registering to be a foster carer (private or otherwise) | No requirement | Under 18 |
| Registering as a childminder or childcare provider, paid or unpaid | No requirement | Under 18 |
| Regular management of someone in regulated activity with children | No requirement | Under 18 |
*Additional notes
The Department for Education’s statutory guidance needs to be considered.
There are also “specified establishments”. Working in one of these locations will count as carrying out regulated activity with children.
These establishments include:
Schools (inc. those for pupils that cannot attend mainstream schools)
Detention centres and secure accommodation services for children
Nurseries
Children’s homes
Children’s centres
Childcare premisesSome examples of roles that would qualify as “regulated activity involving children” include:
Teachers, Teaching Assistants and School Support Staff
Nursery Workers and Childminders
Youth Workers or Coaches for Youth Sports
Foster CarersCommon regulated activities with adults
In the context of regulated activity, “adults” refers to vulnerable adults that are unable to perform certain activities due to age, illness or disability.
Anyone who provides any of the services below for vulnerable adults, including if they are supervising people performing these services, are carrying out regulated activities:
These establishments include:
Health care
Personal CareSocial work
Assistance with general household matters, such as bills or shopping, legal matters, benefits or matters concerning power of attorney
Conveying vulnerable adults to, from or between health care, personal care and/or social work services
Day to day management or supervision of anyone carrying out any of the above
Unofficial Activities that are Non-Regulated
Unofficial activities like informal babysitting, helping a friend’s child with homework or occasionally assisting a neighbour’s elderly parent generally fall outside the scope of DBS Regulated Activities. Since these actions are usually personal, non-commercial, and conducted within trusted social circles, they are not subject to formal vetting requirements like Enhanced DBS checks. DBS regulations specifically cover paid or regular roles with children or vulnerable adults, intended to ensure that those in consistent, unsupervised contact are thoroughly vetted for the safety of these groups.
Get the reassurance your people deserve
As one of the most stringently-checked areas of employment by the Disclosure and Barring Service (DBS), Regulated Activity is something you can’t afford to gloss over. Failing to comply with the law when it comes to regulated activity can have major consequences for an organisation.
If you’re still unsure if any of your employees are involved in regulated activity, we can help. At Checks Direct, we are an umbrella body of the DBS, handling tens of thousands of checks every year. If you need trustworthy, expert advice and rapid, reliable background checks, we’re exactly what you need. Register today to start making faster, more effective DBS and vetting checks.
Make every check count.
Keep your organisation and people safe with our independent and verified checks. Get DBS Checks for regulated activities today.