Guide to regulated activity - adults
1. Provision of healthcare
The provision of healthcare by any healthcare professional to an adult, or the provision of healthcare to an adult under the direction or supervision of a healthcare professional, is regulated activity. (A healthcare professional is one who is regulated by a professional body such as the General Medical Council or Pharmaceutical Council.)
2. Provision of personal care
Anyone who provides an adult with physical assistance with eating drinking, toileting, washing or bathing, dressing, oral care, or care of skin, hair or nails because of the adult's age illness or disability, or the prompting and supervision of an adult to do any of the above because they can not make that decision, or the instruction or provision of guidance and advice to do any of the above because of their age, illness or disability, is regulated activity.
3. Assistance with household matters
Anyone who manages a person cash for them, pays a persons bills or shopping on their behalf because of an adults age, illness or disability is carrying out regulated activity.
4. Training, instruction or advice or guidance
Given to a person who is in need of it by reason of age, illness or disability including the prompting to eat, dress and carry out personal care.
5. Assistance in the conduct or a person's own affairs
Anyone who provides any of the following assistance is carrying out regulated activity:
- lasting power of attorney under the Mental Capacity Act
- enduring power of attorney under the Mental Capacity Act
- appointment as a deputy under the Mental Capacity Act
- being an Independent Mental Health Advocate
- being an Independent Mental Capacity Advocate
- providing Independent Advocacy Services
- receiving payments of behalf of a person under the Social Security Administration Act
6. Provision of social work
The activities of regulated social workers in relation to adults who are clients or potential clients are a regulated activity.
7. Conveying
Drivers who transport an adult because of their age, illness, or disability to or from places where they have received or are receiving healthcare, personal care or relevant social work, are in regulated activity, with the exception of licensed taxi drivers or licenced private-hire drivers or personal friends and family, but including hospital porters, ambulance drivers, and Patient Transport Services drivers.
8. Management of staff
The day-to-day management of someone carrying out regulated activity is also classed as regulated activity.
Volunteers
Volunteers who are supervised are not carrying out regulated activity, therefore we have no legal entitlement to a DBS check (with barred list) check for these people. However, we can still carry out a DBS check (without barred list) check for these volunteers, because of the previous status and guidance. The exception is volunteers carrying out personal care. Any volunteer carrying out personal care, whether supervised or unsupervised, is carrying out regulated activity.
Frequency test
The frequency test for regulated activity with adults has been removed, so if it happens once, it requires a DBS check.
Specified places
The category of a specified place for a vulnerable adult has been removed. Therefore, only people carrying out any of the activities above in an aged persons home or a residential disability unit will be entitled to a DBS check.