What Does Regulated Activity Mean? Your DBS Eligibility Guide
When recruiters consider applicants for a job position, one of the first steps of the hiring process is to determine whether the candidates qualify for a DBS check. In the UK, most employers will request that this check is done before recruitment proceeds. In some instances, however, only those who are applying for positions that include regulated activity need to process a DBS check application. The question is, what does regulated activity mean?
Regulated Activity Defined
When we talk about “regulated activity”, then we are referring to certain roles that are carried out by employees in relation to children and vulnerable adults. When performing these roles, an employee would need to partake in certain activities that would, by default, entitle them to an enhanced DBS check.
An enhanced DBS check is the highest level of criminal record check available. It details both spent and unspent convictions and also mentions any cautions, warnings, and reprimands the applicant may have under their name.
These applicants or employees (and sometimes volunteers) who participate in regulated activity will also be eligible for a barred list check. This check ensures that the subject has not previously been barred from working with children or vulnerable adults.
To help recruiters and employers determine if an activity can be considered regulated, the DBS has broken down the regulated activity into two separate groups, namely:
- Regulated activity with Children and;
- Regulated activity with Vulnerable Adults
So, what does regulated activity mean for those working with these groups?
Regulated Activity with Children
When it comes to working with children, regulated activity is further divided into two main categories, i.e. –
- It can refer to those who work directly with children
- It can refer to those who work at places where one may come into regular contact with children
Teachers, trainers, coaches, childcare supervisors, and nursery staff are examples of job roles that require an individual to engage in regulated activity. Anyone who is carrying out such a role would be eligible for an enhanced DBS check with a children’s barred list check.
If an applicant is applying for a permanent position at an establishment where they would come into regular contact with children (such as at a school or a children’s home), then an enhanced DBS check with a children’s barred list check would also apply.
Important to note: A short-term contractor who needs to conduct work in an establishment where children frequent will also be eligible for a DBS check. This especially applies if they enter the establishment more than three times in a 30-day period.
Regulated Activity with Vulnerable Adults
Now that we have outlined the nature of regulated activity in relation to children – let’s discuss what regulated activity means when a role requires one to work with vulnerable adults.
When an individual participates in regulated activity in relation to vulnerable adults, then the eligibility for regulated activity is broken down into six categories, namely:
- Providing personal care
- Providing healthcare
- Providing social work
- Assisting with an individual’s own affairs
- Assisting with household matters
- Conveying to a place of care/social work
The Department of Health outlines an extensive guide concerning the type of roles that would be classed as regulated activity.
Activity That Isn’t Regulated
DBS checks for regulated activity are generally reserved for formal employment. This means that family or personal arrangements, such as looking after a friend’s kid for the afternoon, is not considered a regulated activity.
Other roles or activities which do not necessarily fit the criteria for being regulated include:
- Working with children or vulnerable adults by chance (for example, if an adult brings their child to a gym class)
- Visiting a family member or a friend in a children’s home or a nursing home
- Working in a store where children or vulnerable adults might be customers
How Do I Get a DBS Check?
Enhanced DBS checks can only be applied for by an agency (such as The Check People) or by a registered employer.
If you would like more information on who can apply for a DBS check, please contact us here at The Check People. We would happily guide you through the process and answer any questions you may have.