Guidance

Regulated activity with adults in England and Wales

Updated 21 February 2025

Disclaimer: This is not legal advice. If you need help with making sure you are complying with the law, you should speak to a legal advisor. 

1. Introduction 

This leaflet explains what is included in the legal definition of regulated activity with adults, describing the specific activities, establishments and jobs that are eligible for an Enhanced Disclosure and Barring Service (DBS) check with an Adults’ Barred List check in the adult workforce. This guidance applies whether the individuals are paid or unpaid. 

If your organisation employs people in these roles who do not meet all the conditions outlined in this leaflet, they may be eligible for a different level of check. You will need to refer to our online eligibility tool and guidance to check this out. If your organisation employs people in different roles who perform similar duties to those in this leaflet, you should refer to our online guidance as they may be eligible for the same level of check. 

Any changes to a role or the activities that a person carries out can affect the level of check that is applicable. For more information please see our eligibility guidance which can be found on our website at https://www.gov.uk/government/collections/dbs-eligibility-guidance 

This guidance applies to criminal record checks in England, Wales, the Channel Islands and the Isle of Man. Information on checks available in Scotland can be obtained from Disclosure Scotland. Information on checks available in Northern Ireland can be obtained from Access NI. 

2. What is regulated activity? 

Regulated activity is work that a barred person must not do. It is defined in the Safeguarding Vulnerable Groups Act 2006 (SVGA) which has been amended by the Protection of Freedoms Act 2012 (PoFA). It excludes any activity carried out in the course of family relationships, and personal, non-commercial relationships. 

An adult is any person aged 18 years or over. 

2.1 You only need to carry out any of the activities once to be in regulated activity with adults. 

If you are employing someone to do work that is regulated activity with adults, you can ask them to apply for an Enhanced DBS check with an Adults’ Barred List check.   

When you request a DBS check to assess someone to carry out regulated activity with adults this means that you are a regulated activity provider (RAP). 

As a RAP, you have a legal duty to refer an individual to DBS where the relevant conditions are met.  

3. For information about referrals you can: 

• read our leaflet titled Barring referrals: how and when to make one  

• call us on 03000 200 190 or  

• see the referral flow chart at www.gov.uk/government/publications/dbs-referrals-referral-chart   

4. Regulated activities with adults are:  

• Providing healthcare by, or under the direction or supervision of, a regulated healthcare professional.  

  • Healthcare under the supervision of a healthcare professional is where the individual is in contact with a healthcare professional at the point that they are providing treatment to a patient.  

  • Healthcare under the direction of a healthcare professional is where the individual has received instructions from a healthcare professional about what treatment to provide and how to provide it to a patient.  

• Providing personal care, which is made up of: 

  • physically assisting an adult with eating, drinking, toileting, washing or bathing, dressing, carrying out oral care or the care of skin, hair or nails when that adult cannot do this themselves because of their age, illness or disability 

  • prompting and then supervising an adult to eat, drink, go to the toilet, wash or bathe, get dressed and undressed, carry out oral care or the care of skin, hair or nails when that adult cannot decide to do this for themselves because of their age, illness or disability 

  • training, instructing, providing advice or providing guidance to an adult on how to eat, drink, go to the toilet, wash or bathe, get dressed and undressed, carry out oral care or the care of skin, hair or nails when that adult cannot do this because of their age, illness or disability 

• Providing social work by a social care worker to an adult who is a client or potential client 

• Assisting an adult with the financial day-to-day running of their household relating to: 

  • managing the adult’s cash 

  • paying the adult’s bills 

  • doing the adult’s shopping 

when the adult cannot do this for themselves because of their age, illness or disability 

• Being appointed to provide assistance in the conduct of an adult’s own affairs, where: 

  • a lasting power of attorney is created 

  • an enduring power of attorney is registered or applied for 

  • the Court of Protection has made an order in relation to the making of decisions on the adult’s behalf 

  • an independent mental health or mental capacity advocate is appointed 

  • independent advocacy services are provided 

  • a representative is appointed to receive benefits payments on the adult’s behalf 

• Conveying adults to, from or between healthcare, personal care and/or social work services who cannot convey themselves because of their age, illness or disability  

• In Wales only: Inspection functions where the inspection relates to social services, care, treatment or therapy for adults and provides the opportunity for contact with those adults, for the following: 

  • Welsh agencies required to be registered under section 11 of the Care Standards Act 2000 

  • Persons in Wales required to be registered under Part 2 of the Care Standards Act 2000 

  • Welsh NHS bodies 

  • Anyone, other than a local authority, providing Welsh local authority social services 

• In Wales & England: Regular day-to-day management or supervision of anyone carrying out the above activities 

• In Wales only: The Commissioner for older people in Wales or the deputy Commissioner for older people in Wales