Regulated Activity still excludes family arrangements, and personal, non-commercial arrangements.
The new definition of regulated activity relating to children comprises of:
(i) Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children;
(ii) 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.
(iii) Relevant personal care, for example washing or dressing; or health care by or supervised by a professional;
(iv) 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