What Is Regulated Activity in England and Wales for DBS Checks

Regulated activity is work that a **barred person** legally must not do. The type of activities that are regulated differ when working with children and when working with adults. Roles in regulated activity are eligible for an Enhanced DBS check with the relevant barred list(s) - Children’s and/or Adults’. The regulated activity guidance is split between work with children and work with adults. It is important to know and understand the guidance provided by the DBS. - **DBS Eligibility** [here](https://www.gov.uk/government/publications/dbs-workforce-guidance). - **Regulated activity with adults (DBS)** [here](https://www.gov.uk/government/publications/dbs-guidance-leaflets/regulated-activity-with-adults-in-england-and-wales). - **Regulated activity with children (DBS)** [here](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/550197/Regulated_activity_in_relation_to_children.pdf). ## Adults When looking at the DBS guidance around regulated activity for the Adult Workforce it is important to know that since 2012 **the definition no longer labels people as 'vulnerable adults'**. Any person is in scope when they receive the listed activities after they turn 18 years old, and there is no frequency test for the adult workforce. An individual doing a regulated activity just once can be enough to trigger the eligibility for an Enhanced DBS with an adult's barred list check. ## Working with adults The definition of regulated activity in relation to adults focuses on those activities which, should they be needed by any adult, mean that an adult is considered **vulnerable** at the point of receiving them. The definition applies to individuals undertaking the following activities: - **Healthcare** for adults provided by, or under the direction or supervision of a regulated health care professional. - **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. - **Social work** - provision by a social care worker of social work which is required in connection with any health services or social services. - **Assistance with an adult's cash, bills or shopping** because of their age, illness or disability arranged via a third party. - **Assisting in the conduct of an adult's own affairs** under a formal appointment. - **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. - **Day to day management or supervision** of anyone carrying out any of the activities listed above. Some example roles are: - Healthcare assistants - **Support workers** who are providing **personal care** to **adults** because of their **age** - Social work supervisors - **Elderly companions** who are **assisting adults with their cash** because of their **illness which is arranged via a business** - Respite centre driver - Care Manager who is **supervising** employees carrying out **personal care** on **adults** in a **care home** All of these roles typically engage in one of the regulated activities above so these are Enhanced with the Adult barred list. **Disclaimer**: Above are some examples of regulated activity but there can be more to this so we encourage you to look at the DBS eligibility guidance to learn more about what's best for you. ## Working with children Children are young people under the age of 18. The definition of regulated activity relating to children comprises only: - (i) **Unsupervised activities**: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children - (ii) **Work for a limited range of establishments ('specified places'), with opportunity for contact**: for example, schools, children's homes, childcare premises. Not work by supervised volunteers Work under (i) or (ii) is regulated activity only if done **regularly**. There is an importance of **frequency** when working with children in these activities which means **more than three times in a 30 day period**. - (iii) **Health care** for children provided by, or under the direction or supervision of a regulated health care professional. This is a regulated activity even if the activity is only carried out once. - (iv) **Personal care** for children involves 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. - (v) **Registered childminding**. - (vi) **Registered foster-carers**. - (vii) **The day-to-day management or supervision of any person engaging in regulated activity**. Some example roles are: - Teachers who are **unsupervised** with **children** **teaching** them in a **school more than 3 times in a 30 day period** - Nursery Assistants - Paediatrician providing **healthcare** to **children** on a **regular** basis - Children's Home Support Workers - Children's Home Care Manager **managing** **support workers** who will be providing **personal care** to **children** in a **children's home** on a **daily** basis All of these roles typically engage in one of the regulated activities above so these are Enhanced with the Children’s barred list. Note: Some roles will involve both working with children, **and** with adults in receipt of regulated activity. It is important to remember that the determination for what is classed as regulated activity is **different** for adults and for children. Employers must therefore check that the regulated activity performed by the individual meets the criteria for **both** barred lists to be checked.