DBS decision tree - Adults

You will be taken through a series of questions about what the individual will be doing in their role. There are several definitions you may need to consider in order to do this

1

Will they be providing an activity outlined in one of the six Regulated Activity categories? (See explanation text below)

Regulated Activity

(1) Providing personal care:

  • 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;
  • 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.
  • * cutting of an adult’s hair is excluded from regulated activity (e.g. a hairdresser who cuts the hair of residents in a care home)

(2) Providing social work:

The activities of regulated social workers in relation to adults who are clients or potential clients, including assessing or reviewing the need for health or social care services, and providing ongoing support to clients.

(3) 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.

A health care professional is a person who is regulated by any of the following professional regulators:

  • General Medical Council
  • General Dental Council
  • General Optical Council
  • General Osteopathic Council
  • General Chiropractic Council
  • General Pharmaceutical Council
  • Pharmaceutical Society of Northen Ireland
  • Nursing and Midwifery Council
  • Health and Care Professions Council

Health care includes all forms of health care provided for adults, whether relating to physical or mental health, and includes palliative care.

Provision of psychotherapy and counselling to an adult which is related to health care the adult is receiving from, or under the direction or supervision of, a health care professional. This would include the provision of psychotherapy and counselling over the telephone.

First aid, when any person administering the first aid is doing so on behalf of an organisation established for the purpose of providing first aid (e.g. St John Ambulance Service).  This includes first aid given by Community First Responders.

(4) Conveying:

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*.

* as defined above.

(5) 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.

(6) 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 (e.g. power of attorney, or being an Independent Mental Health or Capacity Advocate).

Activity

i. Any form of care or supervision

ii. Any form of treatment or therapy

iii. Any form of training, teaching, instruction, assistance, advice or guidance provided wholly or mainly for adults who receive a health or social care service or a specified activity.

iv. Moderating a public electronic interactive communication service which is likely to be used wholly or mainly by adults who receive a health or social care service or a specified activity.

A person moderates a public electronic interactive communication service if, for the purposes of protecting the adults mentioned in that sub-paragraph, they have any function relating to:

  • monitoring the content of matter which forms any part of the service;
  • removing matter from, or preventing the addition of matter to, the service; or
  • controlling access to, or use of, the service
  • provided the person has access to the content of the matter or contact with users of the service

v. Any form of work carried out in a care home (for the purposes of the Care Standards Act 2000) which is exclusively or mainly for adults, whether or not for gain, that gives the person carrying out the work the opportunity to have contact with the adults resident at that care home.

vi. Representation of, or advocacy services for, adults who receive a health or social care service or a specified activity, by a service which has been approved by the Secretary of State or created by any enactment, and which is of such a kind as to enable the person to have access to such adults in the course of his normal duties in providing such services

vii. The conveying of an adult who receives a health or social care service or a specified activity (whether or not the adult is accompanied by a person caring for them)

Health and social care service

i. Residential accommodation provided for an adult in connection with any care or nursing they require;

ii. Sheltered housing;

iii. Care of any description or assistance provided to an adult by reason of his age, health or any disability they have, which is provided to the adult in the place where they are, for the time being, living, whether provided continuously or not;

iv. Any form of health care, including treatment, therapy or palliative care of any description;

v. Support, assistance or advice for the purpose of developing an adult’s capacity to live independently in accommodation, or sustaining their capacity to do so;

vi. Any service provided specifically for adults because of their age, any disability, physical or mental illness, excluding a service provided specifically for an adult, with one or more of the following disabilities (unless that person has another disability not listed below):

  • Dyslexia;
  • Dyscalculia;
  • Dyspraxia
  • Irlen syndrome;
  • Alexia;
  • Auditory processing disorder;
  • Dysgraphia;

Frequency Test

Will the activity be carried out:

  • At any time on more than 3 days in any period of 30 days; or
  • At any time between 2am and 6am and the activity gives the person the opportunity to have face to face contact with the adult; or
  • At least once a week on an ongoing basis?

Specified activity

i. The detention of an adult in lawful custody in a prison, a remand centre, young offender institution or a secure training centre or an attendance centre.

ii. The provision to an adult of assistance with the conduct of their affairs in situations where, for example a power of attorney is created or an independent mental capacity advocate is to be appointed.

Exercise of a function

i. A member of a local authority and discharges any social services functions of a local authority which relates wholly or mainly to adults who receive a health or social care service or a specified activity;

ii. A member of an executive of a local authority which discharges any such functions;

iii. A member of a committee of an executive of a local authority which discharges any such functions; or

iv. A member of an areas committee, or any other committee, of a local authority which discharges any such functions;

v. A chief executive of a local authority that has any social services functions;

vi. A director of adult social services of a local authority in England.

vii. A person who is required to register to carry out a regulated activity within the meaning of the Health and Social Care Act 2008 where that activity will be carried out in relation to an adult who receives a health or social care service

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

See the Annex of DBS Guide to eligibility for DBS checks for the list of positions, professions, employment, offices and works included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.