What was the pre-September 2012 definition of Regulated Activity?

It is important to take note of this definition as this will determine if an employer can request an Enhanced Level Disclosure without a check of the DBS Barred Lists for working with Children or Adults.

The pre-September 2012 definition of Regulated Activity included anyone working closely with children or vulnerable adults, either paid or unpaid, not part of a family or personal arrangement, on a frequent, intensive or overnight basis. Frequent means once a week or more (except in health or personal care services where frequent means once a month or more); intensive means on four days or more in a single month. You can view the full DBS guidance relating to Pre-September 2012 eligibility.

Why is this definition still important?

Under the changes that were introduced as part of the Protection of Freedoms Act 2012 the definition of Regulated Activity was changed, to reduce the number of Barred List checks that employers would request. Under guidance provided at the time it was anticipated that there would be a reduction in requests for Barred List checks, from 9 million per year to 5 million per year. This guidance also confirmed that any role that was previously eligible for an Enhanced level Disclosure would remain eligible for an Enhanced level check, but only those meeting the new definition of Regulated Activity could have a Barred List check. This created a new level of check which was the Enhanced Level check without a check of the Barred Lists.

What information does an Enhanced level Disclosure without the Barred lists provide?

This level of check will provide the following information:

• A check of the Police National Computer for any non-filtered convictions, cautions reprimands or warning
• A request for ‘Additional Approved Information’ from the Local Police Force (LPF)