The ability for an employer or suitability assessor to ask that a potential employee apply for a Disclosure and Barring Service (DBS) check, at either Standard or Enhanced level, is determined in legislation.
- Listed in the Rehabilitation of Offender Act (ROA) 1974 (Exceptions) Order 1975. This entitles the position to a Standard level check only.
- Prescribed in the Police Act 1997 (Criminal Records) Regulations. This entitles the position to an Enhanced level check.
In order for a position to be eligible for a DBS check the position must be:
The organisation should also take into account their own responsibilities under the 3rd principle of the Data Protection Act 1998 which states that Personal data should be adequate, relevant and not excessive.
Regulated activity, as prescribed in the Police Act 1997 (Criminal Records) (No.2) Regulations 2009, needs to meet different legislative criteria depending upon whether the position will be in contact with children or adults. It is important to note that eligibility for an Enhanced level DBS check is not restricted to those engaging in regulated activity.
Regulated activity is work that a barred person must not do. The full, legal definition of regulated activity relating to adults is set out in Schedule 4 of the Safeguarding Vulnerable Groups (SVG) Act 2006, as amended (in particular by, respectively, Section 65 & 66, Protection of Freedoms Act 2012).
There are six categories within the new definition of regulated activity relating to adults:
Those who provide:
- Healthcare: if they are a regulated health care professional or are acting under the direction or supervision of one, for example doctors, nurses, healthcare assistants and physiotherapists.
- Personal care: physical assistance with washing and dressing, eating, drinking and toileting; or teaching someone to do one of those tasks; or prompting and then supervising them doing one of these tasks.
- Social work: provision by a social care worker of social work which is required in connection with any health services or social services.
- Assistance with a person’s cash, bills or shopping because of their age, illness or disability.
- Assistance with the conduct of an adult’s own affairs, for example, lasting or enduring powers of attorney, or deputies appointed under the Mental Health Act.
- Conveying: conveying adults for reasons of age, illness or disability to, from or between places where they receive healthcare, personal care or social work. This would not include friends or family or taxi drivers.
There will not be a definitive age at which someone meets the age test. The description used is that if, because of someone’s age, they are no longer able to do any of the activities themselves e.g. go shopping, get to the doctors, then someone who is asked by a third party to do that on their behalf can be in regulated activity.
In response to questions 1 and 2, and from the information provided, Operational Policy would not consider the duties of the Community Safety Volunteer to meet either the amended definition of regulated activity relating to adults or the previous definition of regulated activity relating to vulnerable adults.
A person is a vulnerable adult if he has attained the age of 18 and
- he is in residential accommodation,
- he is in sheltered housing,
- he receives domiciliary care,
- he receives any form of health care,
- he is detained in lawful custody,
- he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
- he receives a welfare service of a prescribed description,
- he receives any service or participates in any activity provided specifically for persons who fall within subsection (9),
- payments are made to him (or to another on his behalf) in pursuance of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or
- he requires assistance in the conduct of his own affairs.
In order to be undertaking regulated activity relating to vulnerable adults, the individual must:
- Be carrying out an activity listed in schedule 4, part 2, section 7(1) of SVGA once a week or more, 4 times a month or more, overnight between 2am and 6am or once a month or more if the activity involves hands-on personal care; OR
- Have the opportunity for contact with vulnerable adults whilst carrying out their work in the same Care Home as listed in schedule 4, part 2, section 7(4) of SVGA once a week or more, 4 times a month or more, overnight between 2am and 6am or once a month or more if the activity involves hands-on personal care; OR
- Be working in a position listed in schedule 4, part 2, section 8 of SVGA; OR
- Be supervising someone carrying out regulated activity as listed in any of the 3 points above.
Changes from 10th September 2012
- There are no establishments (specified places) for adults.
- There is no longer a requirement to do activities a certain number of times before a person is engaging in regulated activity. Carrying out a regulated activity once is sufficient for persons to be classed as being in regulated activity.
- The definition of a “vulnerable adult” in section 59 of the Safeguarding Vulnerable Groups Act 2006 has been repealed.
- The emphasis has changed to what could make an adult vulnerable at the point of receipt of that activity.