Managing regulated activity: Do you need a DBS Check?

Employees who carry out regulated activity require a specific type of DBS Check – but what about roles that involve managing regulated activity?

In some cases, managing someone who provides regulated activity can be regulated activity in itself. Whether or not this is the case depends on the manager’s specific role.

In this blog we’ll look at the DBS Check eligibility around managing regulated activity.

regulated activity

What is regulated activity?

 

Regulated activity is a term the Disclosure and Barring Service (or DBS) uses to describe work that a person is not allowed to do if they’ve been barred from working with children and/or vulnerable adults.

It comprises a specific list of activities, roles and professions. There are two separate lists – one that relates to working with adults, and one for working with children.

In summary, regulated activity in relation to vulnerable adults includes:

  • The provision of healthcare by, or under the supervision of, a healthcare professional
  • The provision of personal care
  • The provision of social work
  • Assistance with an adult’s cash, bills or shopping because of their age, illness or disability arranged via a third party
  • Assistance in the conduct of an adult’s own affairs
  • Conveying adults to or from places where they’re receiving healthcare, personal care or social work
  • Day-to-day management or supervision of anyone carrying out any of the activities listed above

Regulated activity in relation to children includes:

  • Teaching, training, instructing, caring for or supervising children
  • Providing advice/guidance on health, wellbeing and education
  • Driving a vehicle only for children
  • Working for a limited range of establishments (‘specified places’), with opportunity for contact with children –  for example, schools, children’s homes, childcare premises (not including work by supervised volunteers)

These roles would need to be carried out once a week or three times a month in order for the barred list check to be obtained, however caring for a vulnerable adult or child only needs to be carried out once.

 

Regulated activity and DBS Checks

 

If an employee or volunteer carries out regulated activity as part of their role, they could be eligible for an Enhanced Check with a check of the adults’ and/or children’s barred list.

This is the highest level of DBS Check available. It will show:

  • Any spent or unspent convictions, cautions, reprimands or warnings the applicant has
  • Any relevant information held by their local police force
  • Whether they’ve been barred from working with adults and/or children

This type of check helps prevent people who have been barred from working with vulnerable groups from carrying out work they are barred from doing.

 

Managing regulated activity and DBS Checks

 

Managers of people who provide regulated activity may also be eligible for a DBS Check.

In a healthcare setting, for example, a manager would only be able to have an Enhanced DBS Check with barred list check if they are providing care themselves – or they are a healthcare professional.

For example, a GP practice manager would usually only be eligible for a Standard DBS check. Even though they manage healthcare professionals (who provide regulated activity), this wouldn’t usually be in a clinical setting, so they aren’t managing the regulated activity.

However, if the practice manager is also a healthcare professional and manages the doctors in a clinical way, they’ll be eligible for an Enhanced Check with the relevant barred list check.

In a care home setting, the registered manager of a care home would be eligible for an Enhanced with barred list check as they would be a healthcare professional.

A director of a care home who isn’t a healthcare professional may only be eligible for an Enhanced Check without a barred list check – though this is only applicable if they work in the care home at least once a week, or three times a month.

For more information, see the DBS eligibility guidance for Standard and Enhanced Checks.

If you have any questions, feel free to drop us a line – we’re always happy to help.