Disclosure and Barring Service checks and self-disclosures - Guidance for managers April 2024

What is regulated activity?

Regulated activity is work that a barred person must not do.
There are 5 aspects you will need to think about:

Who is the service provided for

What the role involves

How often is the role performed

When you need to consider if the work is supervised

Where the role is performed

Regulated activity can be summarised as follows:

6.1 Regulated activity - Children

Definitions:

• Children are usually under 18 years old, but not if the activity is in relation to the child's paid or unpaid employment, and they are 16 or 17 years old.
• Supervision of a worker means day to day supervision.
• Regular means carried out by the same person on a frequent basis – on more than 3 days in a 30-day period or ever working overnight (between 2am and 6am) where there may be face-to-face contact with children.

To establish whether or not an individual is engaging in regulated activity with children, you have to take into consideration three factors:

• the role - what activity a person carries out, how often the person does it and whether they are supervised
• the setting - where the role takes place and how often the person will work there

Regulated activity refers to the following unsupervised activities. These activities must be carried out regularly (i.e., on a frequent basis as defined above). There are NINE categories that define Regulated Activity with Children.

The first FOUR activities must be carried out regularly:

1. Teaching, training, instructing, caring for or supervising children, or
2. Providing advice or guidance on physical, emotional or educational wellbeing, or 
3. Driving a vehicle solely for children.
4. Moderating a website wholly or mainly for children

The following TWO activities are classed as regular, even if the activity is only carried out once:

1. Health care, which is provided by, or under the direction of, a regulated health care professional, or
2. Personal care for children, such as assisting with washing and dressing.

There are no frequency conditions placed on the following THREE activities:

1. Registering to be a foster carer
2. Registering to be a childminder or childcare provider
3. Specified positions in Wales. These are mainly inspection functions.

If someone does not meet regulated activity because of what they do, they may meet it because of where they work.

Places of Regulated Activity

The Safeguarding Vulnerable Groups Act 2006 identifies Schools and other specified settings as a place of Regulated Activity

Other specified settings include: an educational institution for the full time education of children, a pupil referral unit, a provider of nursery education, a detention centre for children, a children’s home or home provided under the Children Act 1989, a children’s centre, a children’s hospital in Wales and relevant childcare premises.

If the role meets the definition of regulated activity with children because it involves teaching, training, or instructing children, or is providing any form of care for or supervision of children in a specified establishment and the period condition is met, then the organisation must consider the Department for Education (DfE) statutory supervision guidance.

Supervision of activity with children

If the role is undertaking one of the specified activities in a specified establishment, is voluntary and the organisation decides that the role is sufficiently supervised, then the volunteer is not in regulated activity with children and is eligible for an enhanced DBS certificate only.

If that role working within the specified establishment is paid, then the individual will always be in regulated activity with children and eligible for an enhanced DBS with children’s barred list certificate. This is regardless of the level of supervision they are under.

Ancillary roles in specified establishments (such as catering, cleaning or caretaking) must meet all four of the following criteria to be in regulated activity with children:

• they work there on more than 3 days in a 30-day period or overnight between 2am and 6am with the opportunity for face-to-face contact with the children and
• they have the opportunity, because of their job, to have contact with the children in the establishment and
• they work there for the purpose of the establishment and
• it is not temporary or occasional work, and it is not a supervised volunteer role.

All individuals meeting these 4 criteria working within one of the specified settings must have an enhanced DBS with children’s barred list certificate.

Schools must also comply with the Staffing Maintained Schools Wales Regulations 2005 and Staffing Maintained Schools (Miscellaneous Amendments) Wales Regulations 2007 in addition to the Safeguarding Vulnerable Groups Act.

6.2 Regulated activity – Adults

Definitions:

• Adults are aged 18 and over.
• Personal care includes teaching, training, instructing, caring for or supervising adults, or providing advice/guidance on wellbeing.
• Supervision of a worker means day to day supervision.
• Regular means carried out by the same person on a frequent basis working with adults receiving care – once a week or more, on more than 3 days in a 30-day period or ever working with adults receiving care overnight (between 2am and 6am).

Unlike regulated activity with children, regulated activity with adults focuses on the specific activities that are provided to an adult that requires them, rather than the setting in which a specific activity is taking place.

For example, any individual that provides personal care to an adult will be engaging in Regulated Activity irrespective of whether that occurs in a hospital, a care home, a prison or in the person’s own home.

There are EIGHT categories that define Regulated Activity with Adults:

1. Health Care which is provided by or under the direction of a regulated health care professional to an adult, including palliative care, psychotherapy, and counselling.
2. Providing Personal Care to an adult in the form of feeding, washing, dressing, toileting, oral care or care of the skin, hair *, or nails* because of the adult’s age, illness or disability. This includes prompting and then supervising an adult who because of their age, disability or illness cannot make the decision to eat or drink, go to the toilet, wash or bathe, get dressed or care for their mouth, skin, hair or nails without prompting and supervision. It also includes
   training, instructing or providing advice or guidance which relates to eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails.
3. Providing Social Work to an adult in connection with assessing or reviewing the need of health or social care services and providing ongoing support to clients.
4. Drivers or assistants who transport adults because of their age, illness, or disability, to and from health care, personal care or social work activities, appointments, etc.
5. Assisting an adult in the conduct of their own affairs, where: a lasting power of attorney is created; an enduring power of attorney is registered or applied for; the Court of Protection has made an order in relation to the making of decisions on the adult’s behalf; an independent mental health or mental capacity advocate is appointed; independent advocacy services are provided; a representative is appointed to receive benefits payments on the adult’s behalf.
6. Assisting an adult with general household matters such as managing cash, paying bills or shopping on their behalf, where it is required because of their age, illness, or disability.
7. Day to day management or supervision of anyone carrying out the above activities.
8. Specified positions in Wales. These are mainly inspection functions.

* There are exceptions to this. Excluded from regulated activity is any physical assistance provided to an adult in relation to the care of their hair or nails when that assistance is not related to their age, illness or disability.
For example, a hairdresser who cut the hair of residents in care homes is not engaging in regulated activity.
For example, a beauty therapist who attends a day care centre and provides manicures for anyone who would like one, instead of for people who need them because of their age, illness or disability, is not engaging in regulated activity.