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Regulated activity is work that a barred person must not do. As a key part of changes to reduce the scope of regulated activity, the Protection of Freedoms Act removes from regulated activity, broadly, supervised work such as instructing or looking after children, which if unsupervised would be regulated activity.
Regulated Activity Working with Children
HCC is committed to safeguarding Children, Young people and Vulnerable Adults whilst ensuring fair treatment is also given of employees and applicants with criminal records.
It is Hertfordshire County Council’s policy that roles which fall under the definition of Regulated Activity with children and adults receive the relevant DBS Check and/or Risk Assessment.
Schools and colleges should ensure that any contractor, or any employee of the contractor, who is to work at the school or college has been subject to the appropriate level of DBS check. Contractors engaging in regulated activity will require an enhanced DBS certificate (including barred list information). For all other contractors who are not engaging in regulated activity, but whose work provides them with an opportunity for regular contact with children, an enhanced DBS check (not including barred list information) will be required. In considering whether the contact is regular, it is irrelevant whether the contractor works on a single site or across a number of sites.
Works Contractors attending site do not normally require a DBS check and should therefore be treated as visitors to the site. Contractors managing larger projects will normally employ a designated Site Manager who will oversee the works and with whom the school can address any concerns. The school should set out any reasonable expectations in respect of safeguarding at an initial commissioning meeting with the Contractors and (where relevant) the Property Consultants.
This would include:
For contractors that are on site, and whose work provides them with an opportunity for regular contact with children, an enhanced DBS check (not including barred list information) will be required. (In considering whether the contact is regular, it is irrelevant whether the contractor works on a single site or across a number of sites.)
3rd party Agents
Written confirmation is required that all recruitment and vetting checks have been carried out on individuals who come in to a college or school from an outside agency, depending on the type of staff involved.
Visiting staff who do not have unsupervised access to children and young people – such as initial teacher education mentors and tutors – do not require a DBS check. The normal risk assessment that applies to all visitors should be sufficient.
Visiting staff who do have unsupervised access to children and young people – such as educational psychologists, social workers, supply teachers, trainee teachers, nurses, sports coaches, MOD personnel and inspectors – should be DBS checked by their 'providing' organisation: the supply agency, the university, primary care trust, local authority and so on.
Guidance for Adults Visiting or Working in Schools: