Who is considered to be in "Regulated Activity"
What is "Regulated Activity" and who is considered to be in "Regulated Activity"
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Any offer of appointment made to a successful candidate must be conditional on satisfactory completion of the relevant and necessary pre-employment checks.
It is your statutory duty to ensure that any person in regulated activity has been checked against the relevant barred lists before they start employment.
What is “regulated activity” with children?
A person is considered to be engaging in regulated activity with children if they are employed regularly in a specified place (school, children's home, children's centre, nursery) or if, as a result of their duties, they:
- Are, or will be, responsible for teaching, training, instructing, caring for or supervising children on a regular basis;
- Will carry out paid, or unsupervised work regularly in a school or college where this provides an opportunity for contact with children; or
- Will engage in intimate or personal care – or overnight activity, even if this happens only once.
What is “regulated activity” with adults?
A person is considered to be engaging in regulated activity with adults if they are engaging in these activities:
- Healthcare: a healthcare professional or acting under the direction or supervision of one, e.g. doctor, physiotherapist
- Personal care: assistance with washing, dressing, eating, drinking and toileting; or teaching someone to do these things
- Social work: provision by a social care worker of social work in connection with health needs or social services
- Assistance with a person’s cash, bills or shopping due to their age, illness or disability
- Assistance with the conduct of an adult’s own affairs, e.g. lasting or enduring power of attorney
- Conveying adults for reasons of age, illness, disability to, from or between places where they receive healthcare, personal care or social work. This would not include friends, family or taxi drivers.
Please Note: There is no requirement to do activities a certain number of times before a person is engaging in regulated activity with adults.