The DBS definition of a volunteer is defined in the Police Act 1997 (criminal records) Regulations 2002 as:

“Any person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party and not a close relative.”

To qualify for a free-of-charge criminal record check, the applicant must not benefit directly from the position the DBS application is being submitted for. The applicant must not:

• benefit directly from the position for which the DBS application is being submitted
• receive any payment (except for travel and other approved out-of-pocket expenses)
• be on a work placement
• be on a course that requires them to do this job role
• be in a trainee position that will lead to a full time role/qualification

Home Based Position (HBP) is defined as: A role where:

• the applicant carries out some or all of his or her work with children or adults from the place where the applicant lives or
• applicant lives in the household of someone who is or has been checked because they carry out some or all of their work with children from the place where they live.

REGULATED ACTIVITY RELATED TO ADULTS. The definition of regulated activity relating to adults identifies the activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. There are six categories of people who will fall within the definition of regulated activity (and so will anyone who provides day to day management or supervision of those people).

I. Providing health care.

Any health care professional providing health care to an adult, or anyone who provides health care to an adult under the direction or supervision of a health care professional.

II. Providing personal care.

Anyone who:

• provides physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of an adult’s age, illness or disability;
• prompts and then supervises an adult who, because of their age, illness or disability, cannot make the decision to eat or drink, go to the toilet, wash or bathe, get dressed or care for their mouth, skin, hair or nails without that prompting or supervision; or
• trains, instructs or offers advice or guidance which relates to eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails to adults who need it because of their age, illness or disability.

III. Providing social work

The provision by a social care worker of social work which is required in connection with any health care or social services to an adult who is a client or potential client.

IV. Assistance with cash, bills and/or shopping.

The provision of assistance to an adult because of their age, illness or disability, if that includes managing the person’s cash, paying their bills or shopping on their behalf.

V. Assistance in the conduct of a person’s own affairs.

Anyone who provides various forms of assistance in the conduct of an adult’s own affairs, for example by virtue of an enduring power of attorney.

VI. Conveying.

A person who transports an adult because of their age, illness or disability either to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving health care, personal care or social care. This will not include family and friends or taxi drivers.

** There is no longer a requirement for a person to do the activities a certain number of times before they are engaging in regulated activity.

REGULATED ACTIVITY RELATING TO CHILDREN The definition of regulated activity relating to children comprises only:

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;

III. Relevant personal care, for example washing or dressing; or health care by or supervised by a professional;

IV. Registered childminding; and foster-carers.

**Work under (I) or (II) is regulated activity only if done regularly.