The full, legal definition of regulated activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, as amended (in particular by the Protection of Freedoms Act 2012).
Regulated Activity still excludes family arrangements, and personal, non-commercial arrangements.
The new definition of regulated activity relating to children comprises of:
- Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children;
- Work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. Not work by supervised volunteers;
Work under (i) or (ii) is regulated activity only if done regularly. Regular means carried out by the same person frequently (once a week or more often), or on 3 or more days in a 30-day period (or in some cases, overnight).
The government has provided statutory guidance about supervision of activity, which would be regulated activity if it were unsupervised.
- Relevant personal care, for example washing or dressing; or health care by or supervised by a professional;
- Registered child-minding; and foster-carers.
What is no longer a regulated activity when working with children?
- Activity supervised at reasonable level
- Health care not by (or directed or supervised by) a health care professional
- Legal advice
- “treatment/therapy” (instead “health care”)
- Occasional or temporary services, (not teaching etc.) e.g. maintenance at a school
- Volunteers supervised at a reasonable level