Guidance

Working with adults in the charity sector and overseas aid organisations

Updated 1 November 2023

Please note: This is not legal advice. If you need help with making sure you are complying with the law, you should speak to a legal advisor.

Introduction

This leaflet explains eligibility for Disclosure and Barring Service (DBS) checks for people working with adults in the charity sector and overseas aid organisations. This guidance applies whether the individuals are paid or unpaid.

Any changes to a role or the activities that a person carries out can affect the level of check that is applicable. More information can be found in the DBS eligibility guidance.

There are three organisations that carry out criminal background checks within the UK:

• Disclosure and Barring Service (DBS)
• Disclosure Scotland (DS)
• Access Northern Ireland (ANI)

There are differences in the legislation for England and Wales, Northern Ireland, and Scotland. This means that eligibility for checks can be different, and different information can be disclosed across the jurisdictions.

If an individual applies for a Basic check for personal use, where there is no suitability decision being made or the role is not based in the UK, they should use the service based on where they live.

For Standard and Enhanced checks, the organisation to be used will be determined by where the suitability decision is being made. If the suitability decision is being made in England, Wales, the Channel Islands, or the Isle of Man, DBS should be used.

When the suitability decision is being made in Scotland, then an application should be submitted to Disclosure Scotland.

If the suitability decision is being made in Northern Ireland, the application should be submitted to Access NI.

This guidance applies to criminal record checks in England, Wales, the Channel Islands and the Isle of Man.

Information on checks available in Scotland can be obtained from Disclosure Scotland. Information on checks available in Northern Ireland can be obtained from Access NI.

For roles based overseas, where the suitability decision is being made in the UK, organisations should choose which provider to use based on the above guidance.

Some foreign offences can occasionally appear on DBS checks, but this not always the case, and DBS does not have access to criminal records in other countries.

DBS strongly recommends that you carry out separate overseas criminal record checks, such as certificates of good character where relevant.

Where the suitability decision is made overseas i.e. outside of the UK, information can be sought through criminal record regimes in that particular country or a certificate of good character from the individual’s home country. In the UK this would be a police certificate via ACRO Criminal Records Office.

Information on how to obtain a certificate of good character in various countries can be found in the Home Office ‘Criminal records checks for overseas applicants’ guidance.

Definition of a charity

If your organisation is registered with the Charity Commission and has a registered charity number, it is a charity. If your organisation is not registered with the Charity Commission, it may still be a charity. The Charities Act 2011 defines a ‘charity’ as an institution that is:

• established for charitable purposes only
• subject to the control of the High Court’s charity law jurisdiction

More information can be found on the Charity Commission website.

Definition of a volunteer

For DBS purposes, the definition of a volunteer is set out in the Police Act 1997 (Criminal Records) Regulations 2002. If a role is eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check, the charity must ensure it meets the criteria set out in the definition below before submitting a free-of-charge DBS application:

*a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third-party other than, or in addition to, a close relative

If the role satisfies both parts of this definition, the ‘volunteer’ box on the application can be marked and the application will be free-of-charge.

Someone carrying out unpaid work as part of a course of study that would lead to a qualification isn’t considered to be a volunteer for DBS purposes. Work experience which is intended to make someone more employable is also not classed as voluntary work.

Eligibility for DBS checks

Access to Standard, Enhanced, and Enhanced with Barred List(s) DBS checks is controlled by the law.

The law doesn’t say when a Standard, Enhanced, or Enhanced with Barred List(s) DBS check ‘must’ be carried out, but it does specify when a DBS check ‘can’ be applied for. Organisations may produce their own guidance stating when they want DBS checks to be requested, but this guidance must comply with the law that allows a DBS check to be applied for.

Anyone can apply for their own Basic DBS check via our website – it doesn’t have to be for recruitment purposes and there’s no eligibility criteria that needs to be met.

Standard, Enhanced, and Enhanced with Barred List(s) DBS checks should only be applied for when someone will be carrying out the activities that would make them eligible for a check as part of their everyday responsibilities. They shouldn’t be applied for because someone might carry out that work at some point in the future, or in case an emergency means that they have to.

The Safeguarding Vulnerable Groups Act 2006 specifies that when a child is aged 16 to 17 and is in any kind of paid or unpaid employment, those who teach, train, instruct, care for, or supervise them, or those who provide them with advice and guidance as part of their employment aren’t in regulated activity with children. This means that they are not eligible for a Standard, Enhanced, and Enhanced with Barred List(s) DBS check. If the child is under 16 and in any kind of employment, then the person teaching, training etc. them would be in regulated activity (if the period condition is met).

Working or volunteering for a charity

Not all roles working or volunteering for a charity are eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check.

Assistance around how to work out whether eligibility for DBS checks exists, can be found in the DBS eligibility guidance.

Below are some examples of different types of charity roles, and the type of DBS check they may be eligible for.

Trustees of adult’s charities

Charity trustees can be asked to apply for an Enhanced DBS check in the adult workforce if the charity workers or volunteers include those who carry out work that falls into the legal definition of work with adults. The details of what makes up work with adults is defined within Annexe A of this leaflet. This also includes regulated activity with adults, which is explained in Annexe B.

However, the trustee may also carry out other roles for that charity. Before they are appointed, organisations should assess any other responsibilities against the eligibility criteria to see whether the activities being done fall under the definition of regulated activity with adults. This would allow them to ask the trustee to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List. Regulated activity with adults is defined within Annexe B of this leaflet. If the trustee is also in regulated activity, both roles should be made clear in the ‘Position Applied For’ field of the DBS check application form.

Charity retail workers

Anyone working in retail, such as charity shops, can apply for a Basic DBS check, regardless of who they are working with. Whether organisations can apply for Standard, Enhanced, or Enhanced with Barred List(s) DBS checks on their workers, or not, depends on who they’re working with, what activities they’re doing for them, and how often they do them.

There are very few situations where a Standard, Enhanced, or Enhanced with Barred List(s) DBS check is available because an individual is working with adults who are working or volunteering in a retail environment.

Eligibility exists if all the following are met:

• the adult worker or volunteer is in receipt of any of the specific services or activities from paragraphs 9 or 10 of the definition of work with adults (step 1 of Annexe A)
• an activity from paragraph 6 (step 2 of Annexe A) is being provided to the adult worker by someone else in the retail outlet
• the person providing the paragraph 6 activity is doing this often enough (step 3 of Annexe A) which means either:
  • on more than three days in any period of 30-days
  • between 2am and 6am where the activity gives the opportunity to have face-to-face contact with the adult
  • at least once a week on an ongoing basis

This applies whether the individual being checked is a paid worker or a volunteer. Their job or role description should specify that it involves providing the activity listed in paragraph 6 (step 2 of Annexe A) to the adult(s) in receipt of services or activities from paragraphs 9 or 10 (step 1 of Annexe A). Where it cannot be established that the adults in question are in receipt of specified services or activities, the individual can apply for a Basic DBS check.

Other people working in the shop won’t be eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check but can apply for a Basic DBS check.

Van drivers who are hired to collect furniture etc. for charity shops can only apply for a Basic DBS check. More information can be found in the ‘Meals on wheels and other deliveries’ section below.

Scenario 1

A charity shop works closely with a sheltered housing scheme to arrange for residents to volunteer in their shop to enhance their lives though interactions and supporting their community.

Mr A lives in the sheltered housing scheme and volunteers twice a week at the charity shop.

The manager of the shop is responsible for training and supervising Mr A when he is working. As Mr A lives in the sheltered housing scheme and this is arranged for him, the manager can be asked to apply for an Enhanced DBS check in the adult workforce because the manager is training and supervising him at least once a week on an ongoing basis.

Other people working in the shop alongside Mr A aren’t eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check. They can apply for a Basic DBS check.

Fundraising events

As an activity itself, fundraising for a charity doesn’t make an individual eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check. However if the fundraiser is doing something that meets the criteria within Annexe A and an organisation is making a suitability decision about them, the fundraiser would be in work with adults, and eligible for an Enhanced DBS check in the adult workforce without a check of the Adults’ Barred List.

Someone who is marshalling an event, such as a sponsored walk or 5km run, could be a volunteer or employee of the charity, so eligibility may exist in the same way as the ‘Charity retail workers’ example. If they don’t carry out these activities, the charity can ask the individual to apply for a Basic DBS check.

As a participant in this type of event, an individual won’t be volunteering for or employed by the charity, so the charity can’t request Standard, Enhanced, or Enhanced with Barred List(s) DBS checks on these individuals.

Charities providing care to adults

Those who provide care to adults as detailed in Annexe A can be asked to apply for an Enhanced DBS check in the adult workforce, without a check of the Adults’ Barred List.

Those who provide care as detailed in Annexe B are in regulated activity with adults and can be asked to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List.

Services for older people in their homes

Meals-on-wheels and other deliveries

If the service purely relates to delivering something (even if it involves entering the house), people in this role could only be asked to apply for a Basic DBS check. This is because even though the adults may be in receipt of a specified service or activity from paragraph 9 or 10 (step 1 of Annexe A), the person making the delivery is not performing any of the activities from paragraph 6 (see step 2 of Annex A).

If the role does involve any activities from paragraph 6 and the other criteria in Annexe A are met, then the person making the delivery can be asked to apply for an Enhanced DBS check in the adult workforce. Likewise, if the criteria in Annexe B are met, the delivery person would be in regulated activity and can be asked to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List. An example of this could be a ‘meals-on-wheels’ delivery driver who is also responsible for prompting and supervising an adult with dementia to eat their meal because their illness means that without that they may not remember to do so; or the driver may be responsible for physically helping an adult to eat their food because they are unable to feed themselves following a stroke.

Befrienders

As with the example above, befriending someone, or providing companionship isn’t one of the activities listed within paragraph 6 (Annexe A), therefore people in this role can only be asked to apply for a Basic DBS check.

Doing someone’s shopping

If this is arranged via an organisation set up to provide this service for individuals who are unable to shop themselves because of their age, illness, or disability, then people in this role are in regulated activity with adults and can be asked to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List. This is because it is named in legislation (point 5 of Annexe B).

If the role isn’t arranged via an organisation, i.e. someone offers to do the shopping for an elderly neighbour as a personal arrangement, then there’s no eligibility for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check. The individual can apply for a Basic DBS check themselves if they wish.

Delivering workshops to adults

Those delivering workshops or classes for adults can be asked to apply for an Enhanced DBS check in the adult workforce but with no check of the Adults’ Barred List, if:

• the adults in the workshop or class are in receipt of one or more of the specified services or activities listed in step 1 of Annexe A
• they are delivering one of the activities listed in step 2 of Annexe A
• they are doing this often enough (steps 3 of Annexe A)

Scenario 2

A museum holds regular workshops for adults with dementia.

Following the steps in Annexe A, the museum establishes that the attendees are in receipt of some form of healthcare, including treatment, therapy, or palliative care of any kind. This means that for step 1, the adults are in receipt of a health or social care service from paragraph 9.

The museum then determines that the individual delivering the workshop is responsible for teaching or instructing the attendees, meeting the requirement of paragraph 6 in step 2.

The workshops are held on a weekly basis over a 3-month period for different attendees. This meets the requirement of step 3 meaning that the museum can ask the workshop leader to apply for an Enhanced DBS check in the adult workforce without a check of the Adults’ Barred List.

If the workshops were only held once a month, then the criteria at step 3 wouldn’t be met and the museum could only ask the workshop leader to apply for a Basic DBS check.

If the individual delivering the workshops provides any of the activities in Annexe B to the attendees, they would be in regulated activity with adults even if they only held the workshop as a one-off. This means they would be eligible for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List.

Faith-based positions

As with nearly all charity positions, faith roles aren’t named in legislation and so are not automatically eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check.

Those making suitability decisions should consider the activities that the people working or volunteering for faith organisations are carrying out, who they are carrying them out for, and how often, to determine eligibility.

Guidance in Annexes A and B will help you to decide whether a role is eligible, and if so, which level of DBS check is available. All roles can apply for a Basic DBS check.

Scenario 3

Peter is a church verger and his responsibilities include taking care of the premises, leading processions etc. These activities don’t make Peter eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check. He can apply for a Basic DBS check if he or the church wishes him to.

If Peter also had other specific duties incorporated into his role relating to pastoral care, he could be engaging in work with adults for DBS checking purposes and so, be eligible for an Enhanced DBS check in the adult workforce.

Using the guidance in Annexe A will help you to understand what level of check would be appropriate.

Driving for a charity or as a volunteer

Drivers are only eligible for Standard, Enhanced, or Enhanced with Barred List(s) DBS checks in very specific circumstances. Whether the work is paid or unpaid doesn’t change what level of DBS check is available. In all cases, the driving must be done as part of a formal third-party arrangement, for example a hospital transport service, and not a personal arrangement between friends or neighbours.

Individuals are carrying out regulated activity if they drive adults, including anyone assisting the adults, to, from, or between places where the adults are receiving healthcare, personal care, or social work because of their age, illness, or disability. This driving only needs to be done once to be regulated activity.

This means the individual can be asked to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List.

Driving adults to any other places, such as trips for leisure, is not regulated activity with adults, but it could be work with adults (refer to Annexe A). To meet the criteria the adults would need to be in receipt of any of the specific health or social care services or activities from step 1 (paragraphs 9 or 10 of the definition of work with adults), and the driving must be done often enough to meet step 3. If the driving role meets this definition, then the organisation can ask the driver to apply for an Enhanced DBS check in the adult workforce without a check of the Adults’ Barred List. If the driving is done less frequently, then the drivers can only apply for a Basic DBS check.

Telephone helpline workers

Helpline call handlers may be eligible for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check depending on whether they are providing advice or guidance as part of their role, who they’re providing it to, and how often they are providing it. Whether the role is paid or unpaid doesn’t affect what level of DBS check they can be asked to apply for.

A telephone helpline set up specifically for adults who are in receipt of any of the specific health or social care services or activities from paragraphs 9 or 10 of the definition of work with adults (step 1 of Annexe A) could apply for an Enhanced DBS check in the adult workforce without a check of the Adults’ Barred List on their call handlers, if they are:

• providing advice and guidance to the adults:
  • on more than three days in any period of 30-days
  • between 2am and 6am where the activity gives the opportunity to have face-to-face contact with the adult
  • at least once a week on an ongoing basis

More information about work with adults can be found in Annexe A.

Helplines that are set up for any member of the public, not aimed specifically at adults, can only ask their workers or volunteers to apply for a Basic DBS check.

Scenario 4

A charity provides a listening service to the public. This service is not aimed specifically at children or adults. The telephone call handlers direct their callers to healthcare professionals and support services who will provide the appropriate advice or guidance.

The charity can only ask their helpline call handlers to apply for a Basic DBS check.

Internet chat room moderating

Moderators of chat rooms set up to be used mainly by adults who are in receipt of any of the specific services or activities from paragraphs 9 and 10 of the legal definition of ‘work with adults’ (step 1 of Annex A) can be asked to apply for an Enhanced DBS check in the adult workforce, without a check of the Adults’ Barred list if they are doing this often enough.

These moderators must do one or more of the following:

• monitor the content of the service
• be able to remove or prevent the addition of content to the service
• control access to the service.

Moderators must also:

• have access to the content of the service
• have contact with the adults using the service, whether this is online or face-to-face
• do this:
  • on more than three days in any period of 30-days or
  • between 2am and 6am where the activity gives the opportunity to have face-to-face contact with the adult or
  • at least once a week on an ongoing basis.

There’s no eligibility for people who build chat rooms or websites to be asked to apply for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check. People in these roles can be asked to apply for a Basic DBS check.

Charities and aid organisations working overseas

Where someone is employed or volunteers to work over overseas for a charity, they may be eligible for a DBS check if the suitability decision is made in England or Wales.

A Basic DBS check can be requested for any overseas aid work. Some roles may be eligible for a different level of check.

If an individual currently lives outside the UK, or has previously lived outside the UK, a DBS check may not provide a complete view of their criminal record because DBS cannot access criminal records held overseas.

Overseas criminal records checks are known as ‘certificates of good character’. The process for obtaining these checks varies from country to country and you will have to apply in the country itself or to the relevant embassy in the UK.

More information on how to get a criminal record check overseas can be found in the Home Office ‘Criminal records checks for overseas applicants’ guidance.

Scenario 5

An organisation is recruiting doctors to provide healthcare to adults in Zambia. The suitability decision will be made in London. If they are recruiting individuals from England, Wales, the Channel Islands, or the Isle of Man, they can ask them to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List.

This is because providing healthcare as a regulated healthcare professional is regulated activity. If the individual has previously lived or worked in other countries, a certificate of good character could also be requested from those relevant countries. If an organisation asks for a certificate of good character for an individual from the UK this is referred to as a police certificate, and can be obtained through ACRO Criminal Records Office.

Scenario 6

The same organisation is also recruiting doctors in Zambia to provide healthcare to adults. The suitability decision is still being made in London so the organisation can ask them to apply for an Enhanced DBS check in the adult workforce with a check of the Adults’ Barred List. This is because providing healthcare as a regulated healthcare professional is regulated activity. If the individual in Zambia has never visited the UK, a DBS check is unlikely provide an accurate view of their criminal record. It is therefore advisable to request a certificate of good character from their home country.

Scenario 7

An organisation in England is recruiting volunteers to help build a community centre in Belize. If the suitability decision is being made in England, Wales, the Channel Islands, or the Isle of Man they can be asked to obtain a Basic DBS check as the work they will be undertaking does not allow for a Standard, Enhanced, or Enhanced with Barred List(s) DBS check.

If the suitability decision is being made in Belize, then they can ask for a police certificate via ACRO Criminal Records Office if the individual is from the UK, or a certificate of good character from their home country. If the individual is not from the UK they can ask for a certificate of good character from their home country.

Annexe A

Anyone carrying out an activity that’s covered by the definition of work with adults can be asked to apply for an Enhanced DBS check but without a check of the Adults’ Barred List.

For DBS purposes, an adult is someone aged 18 or over.

Work with adults is defined in the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013 as

• any activity in paragraph 6, to an adult that receives a health or social care service in paragraph 9, or a specified activity in paragraph 10 carried out often enough

This can be worked out by following the three steps below to determine whether the position is eligible.

Step 1: Identify who the individual will be working with

The individual must be carrying out an activity with adults who are receiving a health and social care service in paragraph 9, or a specified activity in paragraph 10. These are as follows.

From Paragraph 9 of the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013:

• Residential accommodation for an adult in connection with any care or nursing they require
• Accommodation for an adult who is or has been a pupil at a residential special school
• Sheltered housing
• Any form of care, or assistance provided because of an adult’s age, health or disability they have, that is provided to the adult in the place that they live
• Any form of health care, including treatment, therapy or palliative care of any kind
• Support, assistance or advice to help develop or sustain an adult’s capacity to live independently in accommodation
• Any service provided specifically for adults because of their age, any disability, physical or mental illness. This excludes the following disabilities:
  • dyslexia
  • dyscalculia
  • dyspraxia
  • Irlen syndrome
  • alexia
  • auditory processing disorder
  • dysgraphia
• Any service provided specifically to expectant or nursing mothers who are in receipt of residential accommodation

If someone is carrying out an activity for an adult who is receiving a service in paragraph 9, go to step 2.

If the adults aren’t in receipt of a service in paragraph 9, check if they’re receiving a service in paragraph 10.

From Paragraph 10 of the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013:

• The detention of an adult in a prison, a remand centre, young offender institution, a secure training centre, or an attendance centre
• The detention of a detained person (within the meaning of Part 8 of the Immigration and Asylum Act 1999) who is detained in a removal centre or short term holding facility or in pursuance of escort arrangements made under that Act
• The supervision of an adult under a court order by a person acting for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000
• The supervision of an adult by a person acting for the purposes mentioned in section 1(1) of the Offender Management Act 2007
• Providing assistance to an adult with the conduct of their affairs in situations where:
  • a lasting power of attorney is created in respect of the adult in accordance with section 9 of the Mental Capacity Act 2005 or an application is made under paragraph 4 of Schedule 1 to that Act for the registration of an instrument intended to create a lasting power of attorney in respect of the adult;
  • an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the adult is registered in accordance with that Schedule or an application is made under that Schedule for the registration of an enduring power of attorney in respect of the adult;
  • an order under section 16 of that Act has been made by the Court of Protection in relation to the making of decisions on the adult’s behalf, or such an order has been applied for;
  • an independent mental capacity advocate is or is to be appointed in respect of the adult in pursuance of arrangements under section 35 of that Act;
  • independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006 are or are to be provided in respect of the adult; or
  • a representative is or is to be appointed to receive payments on the adult’s behalf in pursuance of regulations made under the Social Security Administration Act 1992;
• Payments are made to the adult or to another person on the adult’s behalf under arrangements made under section 57 of the Health and Social Care Act 2001
• Payments are made to the adult or to another person on the adult’s behalf under section 12A(1) or under regulations made under section 12A(a) of the National Health Service Act 2006, or under regulations made under section 12A(4) of that Act

If the individual is not working with adults who fall into the above two paragraphs, then there’s no eligibility for an Enhanced DBS check.

If someone is carrying out an activity with an adult who is receiving a service in paragraph 10, go to step 2.

If the adults aren’t in receipt of a service in either paragraph 9 or 10, the person working with them can only apply for a Basic DBS check.

Step 2: Identify what activity the individual will be providing

If the adults are receiving a health and social care service, or a specified activity from the lists above, then the activity being provided to those adults should be considered. A person must be doing one of the following activities in paragraph 6.

From Paragraph 6 of the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013:

• Providing any form of care or supervision
• Providing any form of treatment or therapy
• Providing any form of training, teaching, instruction, assistance, advice or guidance
• Moderating a public electronic interactive communication service
• Carrying out any form of work in a care home if the person doing the work has the chance to have contact with the residents
• Providing representation or advocacy services
• Conveying adults, regardless of if they are accompanied by a person caring for them

If someone is carrying out one of the activities above, go to step 3.

If they aren’t carrying out one of these activities, they can only apply for a Basic DBS check.

Step 3: Establish whether it will be done often enough

If the adults are receiving a service or activity from step 1 and the individual is providing an activity for them from step 2, then they need to be providing this activity often enough to meet the requirement for work with adults.

This requirement is met if the person carrying out the activity is doing it:

• on more than three days in any period of 30-days
• between 2am and 6am where the activity gives the opportunity to have face-to-face contact with the adult
• at least once a week on an ongoing basis

These criteria are set out in paragraph (5B)(c) of the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013.

If the individual meets all of the requirements in steps 1 to 3, they’re carrying out what is referred to, for DBS checking purposes, as work with adults.

This means they would be eligible for an Enhanced DBS check. There’s no access to a check of the Adults’ Barred List for anyone carrying out work with adults.

If the role meets the criteria in steps 1 and 2, but doesn’t meet the frequency criteria in step 3, then the role may be eligible for a Standard DBS check. You should use the DBS eligibility tool on our website to check whether this is the case.

Each case should be treated on an individual basis. Detailed guidance on work with adults can be found in the DBS adult workforce guide.

Annexe B: Regulated activity with adults – access to Enhanced DBS checks with a check of the Adults’ Barred List

Regulated activity is something that must not be done by a person who is barred. If someone is included on the Adults’ Barred List, they must not apply to work in a role that involves regulated activity with adults.

If someone who knows they’re barred from regulated activity with adults applies for work that meets the definition of regulated activity below, they are committing a criminal offence, as is anyone who allows them to work in a role involving regulated activity knowing that they are barred. Both could be liable for up to 5 years imprisonment and/or a fine.

An organisation that employs someone in any form of work that meets the definition of regulated activity is known as a ‘regulated activity provider’. These organisations have a legal duty to make referrals to DBS when they believe a person has caused harm or poses a future risk of harm to vulnerable groups, including adults who are in receipt of certain services or activities. They must provide information to DBS when requested to do so by us and can be fined unless they have a reasonable excuse for not providing the information.

Anyone carrying out an activity that’s covered by the definition of regulated activity with adults can be asked to apply for an Enhanced DBS check including a check of the Adults’ Barred List by the organisation deciding whether they’re suitable for the role.

The following activities are regulated activity with adults regardless of how often they are carried out:

• Providing health care to an adult by, or under the direction or supervision of, a regulated healthcare professional
• Providing personal care, made up of:
  • physical assistance with eating, drinking, toileting, washing, bathing, dressing, oral care, or the care of skin, hair, or nails for adults who can’t carry this out themselves because age, illness, or disability
  • prompting and then supervising with eating, drinking, toileting, washing, bathing, dressing, oral care, or the care of skin, hair, or nails for adults who can’t decide to do this for themselves because of age, illness, or disability
  • training, instructing, providing advice, or providing guidance on eating, drinking, toileting, washing, bathing, dressing, oral care, or the care of skin, hair, or nails to adults who can’t carry this out themselves because age, illness, or disability
• Providing social work by a social care worker of relevant social work to an adult who is a client or potential client
• Assisting an adult who can’t manage themselves because of their age, illness, or disability with the financial day-to-day running of their household relating to:
  • managing the adult’s cash
  • paying the adult’s bills
  • shopping
• Assistance in the conduct of an adult’s own affairs, where:
  • a lasting power of attorney is created, and the Office of the Public Guardian is making the suitability decision
  • an enduring power of attorney is registered or applied for and the Office of the Public Guardian is making the suitability decision
  • the Court of Protection has made an order in relation to the making of decisions on the adult’s behalf
  • an independent mental health or mental capacity advocate is appointed
  • independent advocacy services are provided
  • a representative is appointed to receive benefits payments on the adult’s behalf
• Conveying adults to, from, or between healthcare, personal care and/or social work services who can’t convey themselves because of their age, illness, or disability
• Day-to-day management or supervision of anyone carrying out any of the activities listed in 1 to 6 above