Do you fully understand what counts as regulated activity in your organisation?

Introduction

Understanding regulated activity is vital for anyone responsible for safeguarding children or adults at risk. Whether you're a:

·        teacher

·        social worker

·        childminder

·        nursery worker

·        foster carer

·        medical professional including first responder

·        nurse

·        counsellor

·        carer

·        individual who transport adults to places where they may be receiving health / social care

·        or any other role that is in regulated activity with children or vulnerable adults

 

Then knowing what counts as regulated activity ensures safer recruitment and helps prevent unsuitable individuals from having access to vulnerable groups.

 

What Is Regulated Activity?

Regulated activity is defined by law as work that a barred person must not do. If someone is engaged in regulated activity with children or vulnerable adults, they are eligible for an enhanced DBS check with a barred list check. It is a criminal offence for a person who is barred to work - or apply to work - in regulated activity, and for organisations to knowingly allow it.

 

This means that understanding whether a role involves regulated activity is not optional - it’s a safeguarding and legal necessity. The criteria for regulated activity differ depending on whether the work involves children or adults, and whether it's in education, early years, or care settings.

 

Regulated activity in Early Years settings

In early years settings such as nurseries, childminding services, and pre-schools, regulated activity is almost always taking place due to the nature of the work. Staff working directly with children under the age of 8 on a regular basis - such as early years educators, room leaders, and key workers - will be engaged in regulated activity.

 

This includes:

·        Providing care and supervision to children regularly (defined as once a week or more, or on more than three occasions in a 30-day period).

·        Supporting with personal or intimate care such as toileting and dressing.

·        Early years teaching or learning support, whether indoors or outdoors.

 

Volunteers may also be in regulated activity, depending on the level of supervision. For example, a parent helper working independently with children, or reading with them one-to-one weekly, would be in regulated activity. However, someone helping out at a one-off event under close supervision may not be.

 

Early years providers must ensure that all staff and relevant volunteers undergo the correct enhanced DBS check with a children's barred list check, and that recruitment practices align with safer recruitment expectations set out in the EYFS framework and Working Together to Safeguard Children.

 

Regulated Activity in Schools and Colleges

In primary, secondary, and further education settings, many roles fall under regulated activity, including:

·        Teachers

·        Teaching assistants

·        Sports coaches

·        Tutors

·        Pastoral support staff

·        Lunchtime supervisors

·        Caretaking staff (if they regularly work in areas used by children)

 

Key indicators of regulated activity include:

·        Unsupervised activities such as teaching, training, caring for or supervising children.

·        Working in ‘specified establishments’, including schools and colleges, regularly and with opportunity for contact with children.

 

Frequency criteria: once a week or more often, four or more days in a 30-day period, or overnight (between 2am and 6am with the opportunity for face-to-face contact).

 

Even those in non-teaching roles - like caretakers or administrative staff - can fall under regulated activity if their role involves regular contact with children in areas where they are likely to be unsupervised.

 

For schools and colleges, this definition is clearly supported by Keeping Children Safe in Education (KCSiE). Employers must ensure that all staff in regulated activity have the appropriate level of DBS checks before they start work, and that those barred from working with children are never employed in these roles.

 

Regulated activity in Adult Social Care

In adult social care, regulated activity is defined not by frequency, but by the type of care or assistance provided. A single instance of performing certain activities can constitute regulated activity with adults, unlike the more frequent thresholds required for children's settings.

 

Examples include:

·        Providing personal care such as washing, dressing, feeding or toileting.

·        Providing health care by or under the direction of a healthcare professional.

·        Assisting with managing money or personal affairs, for instance helping someone with their bills or collecting their pension.

·        Transporting an adult to receive care or services due to age, illness, or disability (this includes driving a minibus for a care home).

 

Regulated activity applies to staff in roles such as care workers, home carers, domiciliary care staff, and supported living staff. Volunteers providing personal care or transport may also fall within the definition. Again, these individuals must have an enhanced DBS check with an adults’ barred list check.

 

For adult social care providers, this is reinforced by CQC requirements, local safeguarding adult board (LSAB) protocols, and the Care Act 2014. Safer recruitment procedures, including verification of DBS status and risk assessments for unsupervised roles, are essential for legal and ethical safeguarding.

 

Regulated Activity in Other Settings

Beyond early years, education, and social care, regulated activity is essential in various industries where safeguarding vulnerable individuals is a priority. In these settings, regulated activity is often defined by direct involvement with children, adults at risk, or sensitive support services.

 

Examples include:

·        Foster carers, who provide stable homes for children in care and must undergo rigorous safeguarding assessments, including enhanced DBS checks with barred list checks.

·        Counsellors and therapists, who work with individuals experiencing trauma, mental health challenges, or emotional distress, requiring thorough vetting to ensure professional and ethical practice.

·        Healthcare professionals such as paramedics, nurses, and first responders, responsible for providing medical care in high-risk situations.

·        Transport professionals assisting vulnerable individuals, such as community drivers helping older adults or individuals with disabilities safely reach appointments or support services.

·        Advocacy workers supporting victims of domestic abuse, financial hardship, or legal challenges, ensuring appropriate safeguarding for at-risk individuals.

 

Regulated activity applies to professionals and volunteers in these fields who have significant responsibility for vulnerable individuals. Those in these roles typically require enhanced DBS clearance and must follow strict safeguarding protocols to ensure compliance with legal and ethical standards.

 

For foster carers, regulation is overseen by local authorities and fostering agencies, with safeguarding policies reinforced by the Children Act 1989. In healthcare and counselling settings, professional bodies such as the Care Quality Commission (CQC) and the British Association for Counselling and Psychotherapy (BACP) set safeguarding expectations. Across these diverse sectors, safer recruitment processes, ongoing monitoring, and adherence to safeguarding best practices are essential to maintaining trust and protecting those at risk.

 

The Importance of getting it right

Incorrectly identifying whether a role involves regulated activity can lead to serious consequences, including:

·        Placing children or vulnerable adults at risk

·        Failing to comply with safeguarding legislation

·        Allowing a barred person to work illegally

·        Undermining confidence in your setting’s safeguarding culture

 

Therefore, it is vital to:

·        Thoroughly assess whether the role meets the criteria for regulated activity.

·        Use official DBS guidance and flowcharts to inform your decisions.

·        Ensure all recruitment, induction, and supervision practices align with safeguarding legislation.

·        Keep safeguarding policies up to date with the latest statutory guidance.

 

Final thoughts

Whether you're working in early years, a school, college, or adult care setting, understanding regulated activity is foundational to safer recruitment and safeguarding practice. It’s not just about ticking boxes - it’s about ensuring that vulnerable individuals are protected from harm and that the right people are placed in trusted roles.

 

For detailed role-specific advice, consult:

·        DBS ‘Working with Children’ and ‘Working with Adults’ guidance

·        Keeping Children Safe in Education

·        Early Years Foundation Stage

·        Working Together to Safeguard Children

·        The Care Act 2014 and associated CQC guidance

 

If in doubt, seek advice from your Designated Safeguarding Lead (DSL), Human Resources, or DBS helpline. Remember - getting this right is not just a regulatory requirement, but a moral one.