Under the vetting and barring scheme, what constitutes "regulated activity" in relation to children?
Part 1 of sch.4 to the Safeguarding Vulnerable Groups Act 2006 (as amended), defines "regulated activity" in relation to children. Children are those under 18. The activities covered include: the teaching, training or instruction of children; care for, or supervision of, children; advice and guidance for children relating to their physical, emotional or educational wellbeing; and the driving of children in prescribed circumstances.
For an activity to be a regulated activity, it must also be carried out frequently by the same person, which is once a week or more, or intensively, which is on more than three days in any period of 30 days, or any time between 2am and 6am.
Regulated activity is also activity carried out at an establishment listed in the Act and is work carried out (whether paid or unpaid) for the establishment in question. The person concerned must have contact with children in the course of that work. The establishments covered include educational institutions, children's homes and centres and premises on which childcare is carried out.
The definition of regulated activity does not include the teaching, training or instruction of children that is, on a regular basis, subject to day-to-day supervision by someone else who is engaged on regulated activities. Therefore, in relation to individuals who teach, train and instruct children, only unsupervised workers or volunteers are carrying out regulated activities. Healthcare that is not provided by (or under the supervision of) a healthcare professional is excluded from the definition of regulated activity as is the teaching, training, instruction or supervision of children that is supervised by someone in a regulated activity. The Government has published guidance on Regulated activity (children) - supervision of activity with children which is regulated activity when unsupervised.
The requirement for an activity to be carried out frequently or intensively for it to be covered by the definition of regulated activity does not apply where the activity involves "relevant personal care" (which includes physical assistance with, the prompting of, or training, instruction, advice or guidance in relation to, eating and drinking, toileting, washing and dressing) or healthcare provided, directed or supervised by a healthcare professional. Therefore, if the activity falls within this definition, it will be a regulated activity regardless of how often it is carried out.
Regulated activity does not include family or personal arrangements.