What is Regulated Activity with Adults?

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This is a key question to ask when deciding what level of Disclosure to request and whether a check of the Barred Lists should be requested, as part of the Enhanced Disclosure. The main aspects of this decision should be centred around the activities, and each organisation should assess this for themselves. The eligibility for Regulated Activity with adults is broadly broken down into 6 categories.

Please follow the link to view the full guidance provided by the Department of Health. The full guidance provides illustrative examples and exceptions to the list if further information is required. To view the DBS’ guidance please click here. 

What work with adults are staff members carrying out?

  1. Providing Health Care
    • This includes health care work undertaken by (or under supervision from) a regulated Health Care Professional e.g. regulated by GMC or HPC.
    • Health care includes all forms of health care relating to physical or mental health, including palliative care.
  2. Providing Personal Care
    • Includes providing an adult with physical assistance with eating, drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin because of the adults age, illness or disability (this includes someone who prompts and then supervises an adult to undertake the above actions as they are unable to make the decision for themselves)
    • Anyone who trains, instructs or provides guidance to an adult on the above actions because of their age, illness or disability is in Regulated Activity.
  3. Providing Social Work
    • The activities of a regulated Social Worker in relation to adults who are clients or potential clients are a Regulated Activity. This includes assessing the need for health or social care services, and providing ongoing support to clients.
  4. Assistance with General Household Matters
    • Anyone who provides day-today assistance to an adult because of their age, illness or disability, where that assistance includes at least one of the following, is in regulated activity.
          1. managing the person’s cash
          2. paying the persons bills, or
          3. shopping on their behalf
  5. Assistance in the Conduct of a Person’s Own Affairs
    • Regulated Activity includes anyone who provides assistance in the conduct of an adult’s own affairs by virtue of:
      • Lasting power of attorney under the Mental Capacity Act 2005
      • Enduring power of attorney under the Mental Capacity Act 2005
      • Being appointed as the adult’s deputy under the Mental Capacity Act 2005
      • Being an Independent Mental Health Advocate
      • Being an Independent Mental Capacity Advocate
      • Providing independent advocacy services under the National Health Services Act 2006 or National Health Service (Wales) Act 2006
      • Receiving payments on behalf of that person under the Social Security Administration Act 1992
  6. Conveying
    • This includes any drivers or assistants who transport an adult because of their age, illness or disability to or from places where they have received, or will be receiving health care, relevant personal care or relevant social work (as above). Hospital Porters, Patient Transport Service drivers and assistants are also included in this group.
    • This does not include licensed taxi drivers or licensed private hire drivers unless they are undertaking trips taken for the above listed purposes.

Excluded from this list of roles is any activity carried out in the course of family relationships, and personal, non-commercial relationships, for example a family friend driving a friend to their hospital appointment for petrol money. In the guidance provided an Adult is classed as anyone 18 years old or older.

Management functions – A person whose role includes the day to day management or supervision of any person who is engaging in Regulated Activity with adults, is also in Regulated Activity.

The above activities only need to be done once by an employee, to be classed as Regulated Activity with adults.

What is the different between an ‘Adult Workforce’ check and the Barred Lists for Adults?

Adult Workforce – this indicates to the Local Police Force(s) that the applicant will be working with vulnerable adults to ensure that they release any ‘Approved Additional Information’ relating to this group. This information will be checked at Stage 4 of the application process and the Local Police Force are given further guidance about the information they should include when responding to an ‘adult workforce’ check. To view the full DBS guidance please click here.

Vulnerable Adults Barred List – this includes the above information plus a check of the relevant Vetting and Barring Lists controlled and maintained by the DBS.  These lists contain the names of all those people who are barred from working with Vulnerable Adults. This will be included (if requested) at Stage 3 of the application process with the DBS, and appear on the applicant’s Disclosure if they are.