What is a regulated activity in accordance with the DBS

As we know, any individual working with children or vulnerable adults is required to provide an enhanced DBS, checking for any current or previous convictions, formal warnings and cautions etc. However, an even more comprehensive check is an Enhanced and Barred list DBS, it is more detailed than a standard or enhanced DBS, and includes a check of people listed as being barred from working with children and vulnerable adults. This check shows any criminal convictions including spent and unspent convictions, cautions, reprimands, and formal warnings together with any information held on the police computer.

There is often confusion as to what activities constitute regulated activities, requiring an enhanced and barred list DBS check.

A regulated activity is when part of the job requirement comes under the functions set out by the Disclosure and Barring Service. There is no specific list of job roles or titles provided by the DBS, however there is, on the DBS website, a guidance of what activities would be considered to require the enhanced and barred list check.

A very brief summary of these are:

• Any unsupervised activities which involve teaching, caring of or supervising and instructing children.
• Working in organisations such as schools, children’s homes, childcare premises, but not a supervised volunteer.
• Anyone driving a vehicle only for children. E.g School Bus.
• Registered childminders, foster carers and anyone giving advice on care of children. Those giving and supervising personal and health care.

There is much more detailed guidance on the DBS website which has been issued with assistance from the Home Office, the Department of Education and Department for Health. These are designed to help you decide if the role that your employees are carrying out is classed as Regulated Activity by the Disclosure and Barring Service.

It is ultimately the employers responsibility to ensure that the correct level of DBS has been provided, to ensure the safety of those in their care.