The Safeguarding Vulnerable Groups Act 2006 states that all those who carry out or apply for positions to carry out regulated activity (whether as paid or voluntary work) under this legislation must be checked through the Disclosure and Barring Service (DBS)
The Police Act 1997 requires employers to carry out criminal record checks before employees or volunteers are allowed to provide regulated activity to vulnerable adults.
From September 2012, a vulnerable adult is described by the Protection of Freedoms Act 2012 as a person aged 18 or over who is receiving ‘regulated activity’.
Regulated activity for adults is divided into six categories
1. Providing health care
2. Providing personal care
3. Providing social work
4. Assistance with general household activities
5. Assistance with conduct of a person’s own affairs
6. Conveying (transporting from one place to another)
Regulated activity includes the supervision of any person carrying out regulated activity.i ii
Individuals who fail to register when required and employers who fail to make the required checks are guilty of criminal offences punishable by fines or imprisonment. People who have criminal convictions such as sexual or violent offences (especially if against a child or vulnerable adult) will be barred automatically from any regulated activity with no right for the barred person to make justifications in their defence. People with other offences on their records which indicate a high probable risk of harm to vulnerable groups will also be barred automatically from any regulated activity but have the right to make representations in their defence. But the DBS will not remove the bar unless it is satisfied that there isn’t any risk of harm.