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Which Roles are eligible for a DBS

Under the law only specific roles are eligible for the different levels of DBS checks.  It also specifies who is able to request one.

Any form of employment within a care service and which involves some contact with vulnerable adults can be made subject to a Standard DBS check, which would reveal any convictions, or cautions, warnings or reprimands issued through a court.

If the employment involves direct contact with vulnerable adults at least once a week in a care home or for the purposes of providing training, advice or guidance then this can be made subject to an Enhanced DBS check. This would additionally reveal relevant intelligence held on the police national computer.

For some specific job roles, defined as carrying out a regulated activity by the Department of Health then these can be made subject to Enhanced DBS including barred list check. This is the form of DBS that You’re the Boss requires someone to apply for in order to join the Paid Care Register (as per our Safeguarding Policy). We will therefore ensure that you are intending to provide these types of services before we process your application.

A summary of what Regulated Activity consists of is set out here. 

Regulated Activity

There are six categories of regulated activity, full details of which can be found here.  To be entered on our Register of Paid Carers we need to be assured that do or are intending to provide services that fall within the definition of Regulated Activities.

The most important is the provision of personal care, defined as follows

  1. Anyone who provides an adult with 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 the adult’s age, illness or disability, is in regulated activity.
  2. Anyone who 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 and supervision, is in regulated activity.
  3. Anyone who trains, instructs or provides 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, is in regulated activity.
  4. There is one exception to this. Excluded from regulated activity is any physical assistance provided to an adult in relation to the care of their hair when that assistance relates only to the cutting of the adult’s hair.  This is to ensure that hairdressers who cut the hair of patients and residents in hospitals and care homes are not engaging in regulated activity.

Illustrative examples, please note these are taken from the guidance and therefore are not specific to Paid Carers but illustrate the roles that may or may not be considered personal care as a regulated activity under DBS:

  1. A care assistant in a care home who cuts and files an adult’s nails to keep the nails short and safe, because the adult cannot do it themselves (for example, because they cannot see well enough) would be engaging in regulated activity.
  2. A volunteer who prepares and serves a meal to an adult in their own home (but does not feed the adult) is not engaging in regulated activity. To be engaged in regulated activity you must provide physical assistance to the person, for example spoon feeding that person, or you must be prompting and supervising (for example, prompting and supervising a person with dementia, because without it they would not eat), or training or instructing (for example, teaching a person who has suffered a stroke to eat using adapted cutlery).
  3. A health care assistant on a hospital ward who feeds an adult because they are too frail to feed themselves would be engaging in regulated activity. 5. A worker in a care home who reminds a person with dementia to eat their lunch, and ensures they do so is in regulated activity

Additionally anyone who provides day to day assistance to an adult because of their age, illness or disability, where that assistance includes at least one of the following would also be engaging in regulated activity 

  • managing the person’s cash
  • paying the person’s bills
  • shopping on their behalf

Any drivers and any assistants who transport an adult because of their age, illness or disability to or from places where they have received, or will be receiving, health care, relevant personal care or relevant social work are in regulated activity.

A person whose role includes the day to day management or supervision of any person who is engaging in regulated activity, is also in regulated activity.

If you have any doubts about how this applies to you or what you wish to do then get in touch 

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