Guidance

Work with adults legislation

Published 1 September 2026

1. Introduction

This webpage sets out the legislation which underpins the guidance on the Enhanced DBS checks in the adult workforce (no access to a barred list check) eligibility webpage.

DBS have provided this to organisations to support them in their decision making. DBS may not be able to provide further context surrounding this wording.

This is not intended as legal advice, organisations should see professional guidance as needed.

2. Work with Adults

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5B:

• (1)(c) the provision of any activity mentioned in paragraph 6 to an adult who receives a health or social care service within the meaning of paragraph 9 or a specified activity within the meaning of paragraph 10 provided that the person carrying out the activity does so –
• at any time on more than three days in any period of 30 days; or
• at any time between 2am and 6am and the activity gives the person the opportunity to have face-to-face contact with the adult; or
• at least once a week on an ongoing basis

2.1 Paragraph 6 activities the role-holder carries out

(6) For the purposes of this regulation “activity” means—

(a)any form of care or supervision;

(b)any form of treatment or therapy;

(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);

(d)moderating a public electronic interactive communication service which is likely to be used wholly or mainly by 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);

(e)any form of work carried out in a care home (for the purposes of the Care Standards Act 2000) which is exclusively or mainly for adults, whether or not for gain, that gives the person carrying out the work the opportunity to have contact with the adults resident at that care home;

(ea)any form of work carried out, whether or not for gain, at a place which provides a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) which is provided wholly or mainly to adults that gives the person carrying out the work the opportunity to have contact with the adults who are resident at that place;

(f)representation of, or advocacy services 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), by a service which has been approved by the Secretary of State or created by any enactment, and which is of such a kind as to enable the person to have access to such adults in the course of his normal duties in providing such services;

(g)the conveying of an adult who receives a health or social care service within the meaning of paragraph (9) or a specified activity within the meaning of paragraph (10) (whether or not the adult is accompanied by a person caring for them).

2.2 Paragraph 9 health or social care services the adults receive

(9) For the purposes of this regulation “health or social care service” means—

(a)residential accommodation provided for an adult in connection with any care or nursing he requires;

(b)accommodation provided for an adult who is or has been a pupil attending a residential special school, where that school is—

(i)a special school within the meaning of section 337 of the Education Act 1996 ;

(ii)an independent school within the meaning of section 463 of that Act which is in England and is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 579 of that Act) or is in Wales and is specially organised to make additional learning provision for pupils with additional learning needs (within the meaning of section 579 of that Act);

(iii)an independent school within the meaning of section 463 of that Act not falling within sub-paragraph (b)(ii) which, during any period before 1 September 2021 when the adult was attending it, either was approved by the Welsh Ministers under section 347 of that Act or, with the consent of the Welsh Ministers under section 347(5)(b) of that Act, provided places for children with special educational needs (within the meaning of section 579 of that Act as it applied immediately before that date);

(iv)an institution within the further education section (within the meaning of section 91 of the Further and Higher Education Act 1992) which provides accommodation for children; or

(v)a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010, which provides accommodation for children;

(c)sheltered housing;

(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;

(e)any form of health care, including treatment, therapy or palliative care of any description;

(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;

(g)any service provided specifically for adults because of their age, any disability, physical or mental illness, excluding a service provided specifically for an adult, with one or more of the following disabilities (unless that person has another disability)—

(i)dyslexia;

(ii)dyscalculia;

(iii)dyspraxia;

(iv)Irlen syndrome;

(v)alexia;

(vi)auditory processing disorder;

(vii)dysgraphia;

(h)any service provided specifically to an expectant or nursing mother in receipt of residential accommodation pursuant to arrangements made under section 21(1)(aa) of the National Assistance Act 1948 or care pursuant to paragraph 1 of Schedule 20 to the National Health Service Act 2006 or accommodation under Part 1 of the Care Act 2014 (care and support).

2.3 Paragraph 10 specified activities the adults receive

(10) For the purposes of this regulation “specified activity” means—

(a)the detention of an adult in lawful custody in a prison (within the meaning of the Prison Act 1952), a remand centre, young offender institution or a secure training centre (as mentioned in section 43 of that Act) or an attendance centre (within the meaning of section 53(1) of that Act);

(b)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 (within the meaning of that Part) or in pursuance of escort arrangements made under section 156 of that Act;

(c)the supervision of an adult by virtue of an order of a court by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000;

(d)the supervision of an adult by a person acting for the purposes mentioned in section 1(1) of the Offender Management Act 2007;

(e)the provision to an adult of assistance with the conduct of their affairs in situations where—

(i)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;

(ii)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;

(iii)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;

(iv)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;

(v)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

(vi)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;

(f)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;

(g)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.

3. Specific roles

3.1 Individuals who work in a high security psychiatric hospital

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5B:

• (1)(a) any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services within the meaning of section 4(2) of the National Health Service Act 2006

3.2 Individuals who manage, on a day-to-day basis, anyone who carries out activities with adults that are specifically defined as work with adults

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5B:

• (1)(d) the regular day to day management or supervision of a person mentioned in paragraph (c)

See the Work with adults section above for paragraph (c).

3.3 Individuals whose role relates to a Care Quality Commission inspection function where the inspector has the opportunity for contact with adults in circumstances that are specifically defined as work with adults

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5B:

• (1)(f) the exercise of a function of the Care Quality Commission in so far as the function –

• relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of social services, care, treatment or therapy 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; and
• gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in exercise of that function, to have contact with an adult who receives a health or social care service within the meaning of paragraph 9 or a specified activity within the meaning of paragraph 10

3.4 Applications to assess –

• certain individuals who work for a local authority where their roles relate to carrying out social services functions for adults in circumstances that are specifically defined as work with adults
• chief executives of any local authority that has social services functions
• directors of adult social services in England and Wales
• charity trustee where the charity workers regularly carry out activities with adults that are specifically defined as work with adults
• any person who needs to be registered under the Health and Social Care Act 2008

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5B:

• (1)(g)The exercise of a function of a person who is –

• a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to 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
• a member of an executive of a local authority which discharges any such functions;
• a member of a committee of an executive of a local authority which discharges any such functions;
• a member of an area committee, or any other committee, of a local authority which discharges any such functions;
• a person who is a chief executive of a local authority that has any social services functions;
• a person who is a director of adult social services of a local authority in England;
• (vii)a person who is a director of social services of a local authority in Wales;
• a Commissioner for older people in Wales or deputy Commissioner for older people in Wales;
• a person who is a charity trustee of a charity whose workers normally engage in any activity which is work with adults;
• a person who is required to register to carry out a regulated activity within the meaning of the Health and Social Care Act 2008 where that activity will be carried out in relation to an adult who receives a health or social care service within the meaning of paragraph 9