What is Regulated Activity?

Regulated activity is a legal concept defined in the Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedoms Act 2012). It describes the types of work with children that require the highest level of vetting — an Enhanced DBS check with a barred list check. It is a criminal offence for a barred person to undertake regulated activity, and for an employer to knowingly allow them to do so.

For children (under 18), regulated activity includes: teaching, training, instructing, caring for, or supervising children on a regular basis (defined as once a week or more, or on four or more days in a 30-day period); providing guidance or advice on wellbeing; and driving a vehicle only for children. One-off activities, paid work, and unsupervised access all affect whether an activity is "regulated."

Understanding regulated activity is important because it determines the level of DBS check you can legally request. You can only request a barred list check for roles that meet the definition of regulated activity. For roles that involve contact with children but do not meet the threshold, you may still be able to request an Enhanced DBS check without the barred list element. If in doubt, the DBS eligibility tool on GOV.UK can help you determine the appropriate check level.