‘Regulated Activity’ is work which involves close and unsupervised contact with vulnerable groups including children, and which cannot be undertaken by a person who is on the Disclosure and Barring Service's Barred List.
The concept was introduced by the Safeguarding Vulnerable Groups Act 2006 as part of the Vetting and Barring Scheme. Following a Government Review, which resulted in a scaled-back Vetting and Barring Scheme (as set out in the Protection of Freedoms Act 2012), the definition of ‘Regulated Activity’ has been narrowed so as to reduce the type and number of activities falling within it. It is now designed to cover those activities which provide the highest levels of risk arising from the nature of the post and access to vulnerable people.
Regulated activity relating to children
From 10 September 2012, the new definition of regulated activity relating to children comprises only:
- Unsupervised activities: teaching, training, instructing, caring for or supervising children, or providing advice/guidance on well-being, or driving a vehicle only for children;
- 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 (carried out by the same person once a week or more often or on 4 or more days in a 30-day period);
- Relevant personal care, for example washing or dressing; or health care by or supervised by a professional;
- Registered child-minding; and foster-carers.
Regulated activity relating to adults
There are six categories of people who will fall within the new definition of Regulated Activity (including anyone who provides day to day management or supervision of those people):
- Providing health care;
- Providing personal care (e.g. providing/training/instructing/or offering advice or guidance on physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of an adult’s age, illness or disability; or prompting and supervising an adult to undertake such activities where necessary because of their age, illness or disability);
- Providing social work;
- Providing assistance with cash, bills and/or shopping;
- Providing assistance in the conduct of a person’s own affairs, e.g. by virtue of an enduring power of attorney;
- Conveying- transporting an adult because of their age, illness or disability either to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving health care, personal care or social care. This will not include family and friends or taxi drivers.
There is a duty on a ‘regulated activity provider’ to ascertain whether a person is barred before permitting that person to engage in Regulated Activity.
It is a criminal offence for a barred individual to take part in Regulated Activity, or for an employer/voluntary organisation knowingly to employ a barred person in a Regulated Activity role.
Regulated Activity is included within the Disclosure and Barring Service definition of Work with Children.
See also Controlled Activity.
Disclosure and Barring Service