What is a DBS Regulated Activity?
If you are involved in recruitment or you are applying for a job that requires a DBS Check, you may be familiar with the term ‘regulated activity’.
A regulated activity is particularly relevant to job roles and positions that are in a location where safeguarding is important.
In this article, we’ll take a look at the definition of a regulated activity and how it affects DBS Checks for various job roles.
DBS definition of a regulated activity
The Disclosure and Barring Service (DBS) in England and Wales, and Disclosure Scotland, deal with all criminal background checks in the UK.
In order to differentiate between roles that are safeguarding-critical and other roles, the DBS has defined a type of job role known as a ‘regulated activity’.
If the role is defined as a regulated activity, it means that an Enhanced DBS Check will be needed to take up the role, along with a barred list check. There are two barred lists, one for regulated activities that involve children and the other for roles that involve working with vulnerable adults. If an individual’s details appear on a DBS barred list, they are not permitted to work in any regulated activity, by law.
An Enhanced DBS Check reveals spent and unspent convictions, cautions, warnings, and reprimands, as well as any other relevant information held on police file. It is the highest level of DBS Check.
Regulated activity with children
A regulated activity that involves working directly with children comes under one of two categories, either due to the activity itself or the location it is taking place.
If the specific activity involves teaching, training, coaching, supervising, or caring for children, then there is a good chance that it will be defined as a regulated activity and will require an Enhanced DBS Check with barred list check.
If the role requires the individual to work within something known as a ‘limited establishment range of establishments’, including schools, nurseries, children’s homes, etc., then it is likely to be considered to be a regulated activity. Job roles include teachers, nurses, childminders, etc.
If the individual only works within these establishments once in a while, and they are not present on the site on more than three occasions in a thirty day period.
Regulated activity with vulnerable adult
The other type of regulated activity involves people working with vulnerable adults, rather than children.
A regulated activity with vulnerable adults is rarely decided by the place of work, but is decided upon by the type of activity being done.
For instance, the role may be defined as a regulated activity if the individual:
- provides personal care, including wash, feeding, and dressing
- assesses the health and social services and provides help
- transports vulnerable adults to and from healthcare facilities or personal care locations
- provides direct healthcare, including first aid, psychotherapy, and palliative care
- assists a vulnerable adult with their day-to-day needs and affairs
- assists with general household tasks and responsibilities.
The main thing to remember when deciding if the particular job role is a regulated activity or not, is the amount of time spent with vulnerable adults and what services are being provided.
Also, any manager or business owner who is in charge of people engaged in a regulated activity will also be considered to be involved in a regulated activity and will need an Enhanced DBS Check and barred list check.
Regulated activities can only be defined as such if they are carried out as paid or voluntary work though a business or organisation. In other words, a family member or neighbour who helps a vulnerable adult with their household affairs, would not generally be considered to be working in a regulated activity.
Summary of DBS regulated activities
A DBS regulated activity is a job role that involves working with children or vulnerable adults in an unsupervised capacity frequently, which means on three or more occasions within a 30 day period.
All applicants for regulated activity roles need to get an Enhanced DBS Check done to verify that they are suitable for a safeguarding critical role.
If you would like to know more about regulated activities and DBS Checks, get in touch today.