There are now only six types of activity which can be classed as regulated activity relating to adults:
- Healthcare for adults provided by, or under the direction or supervision of a regulated health care professional.
- Personal care for adults involving hand-on physical assistance with washing and dressing, eating, drinking and toileting; prompting and supervising an adult with any of these tasks because of their age, illness or disability; or teaching someone to do one of these tasks.
- Social work - provision by a social care worker of social work which is required in connection with any health services or social services.
- Assistance with an adult’s cash, bills or shopping because of their age, illness or disability arranged via a third party.
- Assisting in the conduct of an adult’s own affairs under a formal appointment, e.g. By virtue of an enduring power of attorney.
- Conveying (transporting) adults for reasons of age, illness or disability to, from, or between places, where they receive healthcare, personal care or social work arranged via a third party
Regulated activity for Children:
These activities are teaching, training, instructing, caring for or supervising children or providing advice/guidance on wellbeing or driving a vehicle solely for children (not a private arrangement).
Supervision means day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
Reasonable in the circumstances = within the statutory duty, the level of supervision may differ, depending on all the circumstances of a case. Organisations should consider the following factors in deciding the specific level of supervision the organisation will require in an individual case:
- ages of the children, including whether their ages differ widely;
- number of children that the individual is working with;
- whether or not other workers are helping to look after the children;
- the nature of the individual’s work (or, in a specified place such as a school, the individual’s opportunity for contact with children);
- how vulnerable the children are (the more they are, the more an organisation might opt for workers to be in regulated activity);
- Work for a limited range of establishments (specified places)
Work carried out by volunteers supervised to a reasonable level, in accordance with the statutory guidance on supervision, in these establishments is not regulated activity. However a supervised paid employee working for a specified establishment does come under regulated activity.
Work carried out involving either an unsupervised activity or in one of the listed establishments is only regulated activity relating to children if done frequently or intensively.
Frequently or intensively means carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30 day period (or in some cases overnight between 2am and 6am, where there is opportunity for face-to-face contact).
Health care for children provided by, or under the direction or supervision of a regulated health care professional is regulated activity even if the activity is only carried out once.