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Definition of Regulated Activity

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

 

 

Who Should be Checked?

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.

 

 

Contractors & Third Party Agents

Contractors

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.

Building Contractors

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:

  • Segregation (as far as possible) of the Children from the workers and avoiding work in live teaching areas
  • The Site Manager/Supervisor to have clear Safeguarding responsibility for the workers
  • Having  access to a list of operatives working on site
  • Requiring that all personnel are readily identifiable from other staff
  • Operating to a code of conduct as per the Contract

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.
It is sufficient, for schools and colleges to seek written confirmation that appropriate checks, including DBS checks have been carried out and by whom – most commonly the relevant human resources department (it is not necessary to specify a named individual) – and to confirm the identify of these visitors. It is not necessary (or practicable) to require a date for such checks unless the providing organisation supplies a list of named individual supply staff.

Guidance for Adults Visiting or Working in Schools: