Regulated Activity
As one of our key manifesto asks, Thirtyone:eight are calling for a review of the current definition of regulated activity for England and Wales to provide better clarity for eligibility, duty to refer, mandatory reporting and position of trust duties.
"Significant gaps exist in the current definition of regulated activity within faith communities. Addressing these issues is crucial for safeguarding children and vulnerable individuals.”
- Justin Humphreys, Joint-CEO, Thirtyone:eight
The Opportunity
The regulated activity definition underpins key decisions such as DBS eligibility, duty to refer to DBS, positions of trust legislation and proposed mandatory reporting. The current definition has loopholes in the faith and sports sectors.
Clarifying and expanding the definition of regulated activity would ensure comprehensive safeguarding across all contexts, including faith-based settings, and help educate these groups about their responsibilities, leading to better protection for children and vulnerable individuals
The Challenge
Significant gaps exist in the current definition of regulated activity within faith communities. Addressing these issues is crucial for safeguarding children and vulnerable individuals.
Organisations have a legal and ethical responsibility to protect those in their care, but the current loopholes mean that many volunteers and workers who have unsupervised access to children are not subject to enhanced DBS checks due to the frequency of their role, increasing the risk of harm. Faith leaders and other trusted figures may not be properly vetted, leading to misplaced trust.
Similar issues are present where the irregularity and informality of faith settings mean they are not consistently classified as regulated activity.
Our Recommendations
England:
- A review of the definition of regulated activity to ensure that all relevant roles in faith communities are covered and the frequency element of the regulated activity definition to be removed in order that the definition is based on the nature of contact with children.
Wales:
- A review of the definition of regulated activity to ensure that all relevant roles in faith communities are covered and the frequency element of the regulated activity definition to be removed in order that the definition is based on the nature of contact with children.
Scotland:
- This definition review is not applicable in Scotland.
Northern Ireland:
- This definition review is not applicable in Northern Ireland.
