What Is a Regulated Activity Under DBS Checks in the UK?

If you’re thinking about hiring someone who may be involved with vulnerable adults or children, ensuring their backgrounds are clear of any criminal offence becomes non-negotiable. This is when you must conduct DBS checks, especially when the role involves “regulated activities”.

You must be wondering what these “regulated activities” are when it comes to DBS checks. But don’t worry! We’ve got your back. In this blog, we’ll help you understand what is meant by regulated activity in DBS, when you need to conduct a DBS check, and how your organisation can stay compliant when screening potential employees or volunteers, even if their role doesn't fall into a regulated activity category.

What Is a Regulated Activity Under DBS Checks in the UK?

A “regulated activity" in DBS refers to a specific set of roles or duties involving close and unsupervised interaction with children or vulnerable adults. These roles are placed under the “sensitive” category, since they include individuals who are placed in a position of trust and potential risk, if not adequately screened.

Hiring individuals intentionally who are barred from regulated activities is considered a criminal offence and can lead to legal consequences. The DBS (Disclosure and Barring Service) helps employers identify such individuals through a DBS check in the UK, thus helping them make safer hiring decisions.

Note: Personal or familial relationships are not considered DBS-regulated activities. It is only applicable in volunteer or professional settings.

Regulated Activities with Children (DBS)

When it comes to children, regulated activities depend on the type of activity and its frequency.

Specified Establishments

Working in specific establishments with children, like schools, nurseries, pupil referral units, detention centres, homes and secure accommodations, children’s centres and childcare premises or care homes, may be considered as regulated activities. However, there are specific conditions to be met, which are:

1. Work is done more than 3 days in 30 days or includes overnight stays.
2. There’s a possibility for face-to-face interaction.
3. The individual’s role exists to serve the purpose of the establishment.
4. It’s not a temporary or casual job.
5. It’s not a supervised volunteer role.

Supervision Matters

• Unsupervised paid roles: These roles are always considered as regulated, and an Enhanced DBS with Barred list Check is a mandatory requirement before hiring for such roles.
• Voluntary roles: These roles need to be evaluated as per the Department for Education’s guidance. If the job involves proper supervision, it might not be considered as a regulated activity, and only an Enhanced DBS check (without barred list) would work.

Here’s a table showing activities that count as regulated with children:

Activity	When It’s Regulated	Supervision Needed?	Applies To
Teaching, training, caring for, or supervising children	More than 3 days in 30, or overnight between 2am-6am with face-to-face contact	Yes – must follow DfE guidance	Children under 18 (not in employment if 16-17)
Advice or guidance on well-being	Same as above	Not required	Under 18
Moderating child-only online platforms	More than 3 days in 30	Not required	Under 18
Driving children	More than 3 days in 30	Not required	Under 18
Healthcare or personal care	Even once	Not required	Under 18
Foster carers and childminders	No frequency requirement	Not required	Under 18
Managing someone in regulated activity	No frequency requirement	Not required	Under 18

Regulated Activities with Adults (DBS)

The definition of regulated activities with adults is entirely different. It has nothing to do with frequency. If an individual performs any of the following roles, they are considered to be involved in regulated activity with adults.

1. Providing Healthcare
   Providing any form of healthcare service, both mental and physical, to adults is considered a regulated activity. This includes:
   • Medical care
   • Palliative care
   • Physical therapy
   • First aid (on behalf of an organisation)
2. Personal Care
   If someone assists with:
   • Eating or drinking
   • Toileting or menstruation
   • Washing, bathing, dressing
   • Oral hygiene or skincare
   Even supervising or instructing the adults who are unable to perform the above activities is considered regulated.
3. Social Work
   • Social work is conducted by trained experts who provide continuous social care, assessments, or support.
4. Household Assistance
   • Helping or volunteering adults in their daily household activities, like managing cash, bills or grocery shopping, due to illness or disability, is considered a regulated activity.
5. Managing Personal Affairs
   This involves:
   • Lasting or Enduring Power of Attorney
   • Being a Court-appointed deputy
   • Independent Mental Health or Capacity Advocates
6. Conveying
   This involves driving or transporting adults to or from appointments involving:
   • Medical treatment
   • Personal care
   • Social work
   Exception: Taxi drivers or friends driving as a favour.

Here’s a table showing activities that count as regulated with adults:

Regulated Activity Type	Description	Example Roles	Key Points
Health Care	Any care related to mental or physical health, including palliative care or therapy. First aid counts if provided through an organisation.	Nurses, paramedics, therapists, first aid workers	Frequency doesn’t matter — one instance qualifies.
Personal Care	Physical assistance with eating, drinking, toileting, washing, dressing, oral care, or skincare due to age, illness, or disability.	Carers, support workers, personal assistants	Includes prompting + supervision where needed.
Social Work	Provided by a registered social care worker to a client or potential client.	Social workers, care coordinators	Must be professional care or assessments.
Assistance with Household Matters	Day-to-day help with managing money, paying bills, or shopping for someone unable to do it themselves.	Domiciliary carers, home help staff	Must be due to age, illness, or disability.
Managing Personal Affairs	Help with managing finances or welfare under legal authority or advocacy roles.	Attorneys, deputies, IMHAs, IMCAs	Includes roles under Mental Capacity Act or appointed representatives.
Conveying	Transporting adults to or from places where they receive health care, personal care, or social work.	Ambulance staff, patient transport drivers	Does not include taxi/private hire drivers or non-care-related trips (e.g., for leisure).
Supervision of Regulated Roles	Supervising someone who performs any of the above activities.	Team leads, care supervisors	Always considered regulated activity.

What If Someone Is Not in a DBS Regulated Activity?

Certain activities and roles don’t come under the criteria of regulated activity. Employers find themselves stuck while hiring for such roles, as it involves frequent interactions with adults. But wait, we’ve got a solution for you. Here’s what you can do:

• Conduct a risk assessment for the role individually to determine DBS check eligibility.
• Request a Standard or Enhanced DBS check only if the role meets legal criteria, according to the DBS.
• Never blanket-check roles as this goes against DBS guidelines.

Summary Table: What Qualifies as DBS Regulated Activity

Category	Regulated Activity Type	Key Requirement	Example Roles
Children	Teaching, coaching, care	>3 times/month or overnight	Teachers, tutors, sports coaches
Children	Healthcare / Personal Care	Even once	School nurse, care worker
Adults	Health Care	Any instance	Nurses, therapists
Adults	Personal Care	Any instance	Home carers, assistants
Adults	Social Work	Any instance	Social workers
Adults	Managing Affairs	Any instance	Deputies, attorneys
Adults	Conveying	Any instance if to care services	Ambulance drivers, hospital porters
All	Managing someone in regulated activity	Always	Supervisors, team leaders

Need Help with DBS Checks for Employees?

Complygate assists businesses, schools, care providers, and organisations across the UK in remaining compliant with DBS checks and background screening. Whether you're hiring a new teacher, carer, or volunteer, we'll walk you through the appropriate screening process.

Contact us today or book a demo to look into our DBS Check Services to get started!