In the United Kingdom, safeguarding children is a top priority for organisations and individuals working with young people. A critical part of this effort is understanding what constitutes a “regulated activity” when working with children. Regulated activities are roles or tasks that involve specific types of interactions with children, as defined under UK legislation. These activities require Enhanced DBS checks, often with a barred list check, to ensure that only suitable individuals are entrusted with such responsibilities.

In this blog post, we will explore what regulated activities entail, the roles involved, and why these checks are crucial for safeguarding children.

What Are Regulated Activities with Children?

Regulated activities with children include tasks and responsibilities that involve close and significant interaction with individuals under 18. The activities are defined under the Safeguarding Vulnerable Groups Act 2006 and subsequent updates, and they help determine when Enhanced DBS checks are legally required.

Regulated activities fall into several key categories:

1. Teaching, Training, and Supervising

   • Providing instruction, care, or supervision to children frequently or intensively.
   • Examples: Teachers, sports coaches, tutors, and youth group leaders.

2. Childcare

   • Roles that involve caring for children in a professional capacity, such as nannies, nursery workers, or childminders.

3. Healthcare and Personal Care

   • Delivering medical care, or assisting with personal care tasks such as washing, dressing, or feeding children.

4. Overnight Care

   • Supervising or caring for children between the hours of 2 a.m. and 6 a.m.

5. Work in Specific Establishments

   • Regular roles in schools, children’s homes, childcare premises, or similar settings where there is frequent interaction with children.

6. Driving or Transporting Children

   • Roles involving transporting children to or from regulated activities on behalf of an organisation.

7. Foster Care

   • Foster carers provide a stable and nurturing environment for children who are unable to live with their birth families. This is a regulated activity requiring comprehensive vetting, including Enhanced DBS checks and detailed assessments by fostering agencies.

8. Social Work

   • Social workers supporting children, whether in care, at risk, or needing additional support, are engaged in regulated activities. This includes tasks such as safeguarding assessments, family support, and coordinating with other services.

Specific Establishments

Certain establishments are subject to stricter safeguarding rules and fall under regulated activity guidelines if individuals work there frequently. These include:

• Schools: Primary, secondary, and special schools.
• Nurseries and Pre-schools: Settings focused on early years education and care.
• Children’s Homes: Residences where children live and receive care.
• Childcare Premises: Registered childminding businesses or day-care centres.
• Youth Centres: Facilities that host activities and support services for children and young people.

It is essential for individuals working in these settings to understand both the legal requirements and the specific expectations of the establishment to ensure the highest standards of safety.

Frequency and Intensity Criteria

Not all interactions with children are considered regulated activities. The distinction often depends on:

• Frequency: Activities that occur once a week or more frequently.
• Intensity: Activities conducted on four or more days in a 30-day period or overnight.

For example, a one-off volunteering event at a school may not qualify as a regulated activity, whereas weekly tutoring sessions would.

Why Are Regulated Activities Important?

Regulated activities are designed to protect children by ensuring that only qualified and vetted individuals have significant access to them. The primary goals include:

• Preventing Harm: By requiring Enhanced DBS checks, organisations can identify individuals barred from working with children.
• Maintaining Safe Environments: Ensuring that children are supported and supervised by trustworthy adults.
• Complying with the Law: Employers and organisations have a legal obligation to safeguard children and ensure compliance with DBS requirements.

Your Legal Obligations as an Employer

If your organisation employs individuals in roles involving regulated activities with children, you must:

1. Carry Out the Correct DBS Checks

   • Ensure Enhanced DBS checks are conducted for all relevant positions, including barred list checks where applicable.

2. Stay Updated on Safeguarding Legislation

   • Regularly review roles and responsibilities to ensure compliance with evolving safeguarding laws.

3. Report Safeguarding Concerns

   • If an employee poses a risk to children, you have a duty to report this to the DBS for potential inclusion on the barred list.

Conclusion

Understanding regulated activities is essential for organisations working with children. By ensuring the correct DBS checks are conducted, you can help protect children, comply with legal obligations, and create a safe environment for young people to thrive.

If your organisation needs support with DBS checks or safeguarding compliance, our team is here to help. Contact us today for expert advice and tailored solutions.