Appendix C: What is Regulated Activity?

The definition of Regulated Activity is set out in the Safeguarding Vulnerable Groups Act (2006).  The definition is more restricted than might be thought, and it is an important factor to get right, therefore the following information should help you decide.  Further information can be found on the DBS website, and if you are in any doubt, please do speak to your DBS Outreach Worker.

Regulated Activity Relating to Children 

The following table is a good starting point for looking at any specific roles and up to date guidance can be found at: Regulated activity with children in England and Wales - GOV.UK. It is broken down into activity, how often that activity is done, and whether or not it is supervised. 

What activity, how often, and is it Supervised?

*Only if this role is being carried out wholly or mainly in respect of children as service users.  That means if the service is wholly or mainly for children, so children are not just attending incidentally. It also includes having the responsibility to add, remove or alter and content.  It could include things like a closed group that has only children within it, whereas an open group or page is open to the public and therefore anybody can be a part of the page or group so the wholly or mainly for children element would not be met.  The period condition of more than 3 days in a 30-day period must also be satisfied for this to be deemed as regulated activity. 

For further information, see: Child_workforce_guide.pdf

The roles highlighted Yes in green would be eligible for Enhanced DBS check with Children’s Barring List.  Those roles highlighted in bold are the ones which are most likely to apply in a church setting. It should be noted that driving children under arrangement is where there is a formal agreement (possibly paid) in place, not just when one parent agrees to pick up the children of other parents as a favour. 

Work with children that is not regulated activity, but is eligible for an Enhanced DBS check without children’s barred list

See: Child_workforce_guide.pdf, Definition of work with children - GOV.UK,  DBS checks for working with children in places of worship - GOV.UK 

There are a number of roles working with children which are not classed as regulated activity but are still eligible for an Enhanced DBS check without a check of the children’s barred list.  These are shown below, again those in bold are the ones which are most likely to apply to church roles.  

* It should be noted that a church is not a specified establishment for these purposes. 

** A PCC (or Cathedral Chapter, Religious Community etc) is not necessarily a children’s charity, simply because they run activities for children. 

What makes a charity (CC4) - GOV.UK

Working with children in the charity sector and overseas aid organisations - GOV.UK

A charity is a children's charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children (see first table above).  An individual is a worker for a charity if he does work under arrangements made by the charity. 

Provision of a Sunday School would not generally satisfy this requirement because the teaching of children in church on Sundays is, as a matter of law, an activity carried out in furtherance of the incumbent’s duty (under Canon C 24.4) to “instruct the parishioners of the benefice, or cause them to be instructed, in the Christian faith”. PCCs have no specific duties in relation to providing instruction in the Christian faith. A careful analysis will be required to see whether the PCC does qualify, there can be no blanket approach. You are advised to seek advice from the Registrar if there is any doubt. 

Regulated Activity Relating to Adults 

Regulated activity in relation to adults only needs to happen once for it to be eligible for an Enhanced DBS check with Adults Barred list.

See: Adult Workforce Guide v11.0

Regulated activity with adults in England and Wales - GOV.UK

Roles in bold are those most likely to happen in a Church context.  Only if these roles are being undertaken can a role be eligible for and Enhanced DBS with Adults Barred List check. 
 

Work with adults that is not regulated activity, but is eligible for an Enhanced DBS check without adult’s barred list 

See: Working with adults in the charity sector and overseas aid organisations - GOV.UK

There are three stages to determining eligibility for an Enhanced DBS without adult’s barred list checks for the adult workforce. 

Step 1 – Who 

The first step is to determine who the role holder will be working with.  For adults, this must be someone who meets the criteria of paragraphs 9 and 10 of the Adult Workforce Guidance. 

For roles within the Church1, these are likely2 to be only: 

d) care of any description or assistance provided to an adult by reason of his age, health or any disability he has, which is provided to the adult in the place where he is, for the time being, living, whether provided continuously or not.

f) support, assistance or advice for the purpose of developing an adult’s capacity to live independently in accommodation, or sustaining their capacity to do so. 

Step 2 – What

What activity is the role holder going to be providing to the person?  This is set out in Paragraph 6 of the Adult Workforce Guidance.  For roles within the Church, this is likely to be only: 

c) any form of training, teaching, instruction, assistance, advice or guidance provided wholly or mainly for adults who receive a health or social care service within the meaning of paragraph 9 or a specified activity within the meaning of paragraph 10;

Step 3 – How Often 

The work must be carried out: 

• More than 3 days in any period of 30 days or
• Anytime between 2am and 6am or 
• Once a week on an ongoing basis 
   

The following are also included in work with adults: 

** But see note above about children’s charities, the principles of which also apply to vulnerable adults.  

• 1

  That is non- clergy roles.  Clergy are always subject to Enhanced DBS checks for both workforces, and therefore for ease have been excluded here. 

• 2

  But each Church Body must review the list and make their own decisions 

Examples