Guide to regulated activity - children
Specified activities
Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice and guidance on wellbeing, or drive a vehicle only for the purpose of conveying children (for example, school minibus). The frequency test will also apply.
Moderation of a public electronic interactive communication service likely to be used wholly or mainly by children where there is access to the subject matter (For example, Childline).
Registered childminders and foster carers.
Specified positions
The list of specified positions, such as the Head of Children Services has been removed from regulated activity, therefore applicants for one of these positions are not entitled to a DBS check. However, school governors are now required to have an enhanced check due to a change in legislation.
Specified places
Work in a specified place: schools, pupil referral units, children's homes, children's centres, nurseries and childcare premises where the individuals are part of the workforce (not work by supervised volunteers), where the person has an opportunity for regular unsupervised contact with children. This does not include contracted workers such as grounds maintenance, surveyors or electricians. The frequency test will also apply.
Management
The day-to-day management or supervision on a regular basis of a person who would be carrying out regulated activity if unsupervised.
Frequency test
A frequency test applies to all the regulated activity above. In order for it to be regulated it must be carried out by the same person frequently, intensively or overnight. (Once a week or more, on 4 or more days in a 30-day period, or overnight between 2am and 6am.)
Exceptions
Supervised activity - under reasonable day-to-day supervision by another person engaging in regulated activity.
Healthcare not by, or directed by, or supervised by a healthcare professional.
Activity relating to a child in the course of his or her employment, not by a person for whom arrangements exist principally for that purpose.
Peer exemption: a child in a group assisting or acting on behalf of, or under the direction of, another person engaging in regulated activity in relation to children.
Activity by a person in a specified place contracted or volunteering to provide occasional or temporary services (not teaching, training, instructing or supervising children). For example, maintenance workers and tradespeople.
Relevant personal care
No frequency test applies to this activity nor does the supervision rule apply.
Physical help in connection with eating or drinking for reasons of illness or disability is regulated activity.
Physical help in connection with washing, toileting or dressing for reasons of age, illness or disability; or healthcare by, or supervised by, a healthcare professional.
The law and DBS checks
It is unlawful to request an enhanced DBS check with or without barred list check if the work being carried out by the applicant is not regulated activity or part of the rehabilitation of offenders exemptions order.
Countersignatories who sign a DBS application form are agreeing that the organisation has the right to request that check and receive the information about an individual. Countersignatories who are found in non-compliance of this can receive a fine up to £5,000 and or 10 years imprisonment, and the organisation will have their DBS status as a registered organisation revoked - Police Act 1997.
Enhanced DBS check with children's barred list - obtained for those positions where the employee is carrying out regulated activity with children as per the Protection of Freedoms Act 2012.
Enhanced DBS check without barred list - obtained for those positions where the employee is working with children whilst supervised, but their job fell under the previous definition of regulated activity as per the Safeguarding Vulnerable Groups Act 2006.
Standard DBS Check - obtained for those positions that are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.