The Safeguarding Vulnerable Groups Act 2006 was introduced following the recommendations of the Bichard Inquiry, established after the tragic murders of Holly Wells and Jessica Chapman in Soham in 2002.
The Inquiry identified serious failings in the way safeguarding information was shared, allowing Ian Huntley to work as a school caretaker despite previous allegations and intelligence that should have prompted greater scrutiny.
This guide explains the Safeguarding Vulnerable Groups Act 2006 in practical terms, including what regulated activity is, how the Act relates to the Disclosure and Barring Service (DBS), the different types of DBS check and the key responsibilities employers need to understand to comply with the legislation.
What is the Safeguarding Vulnerable Groups Act 2006 summary
| Summary | |
| Purpose | The Safeguarding Vulnerable Groups Act 2006 protects children and adults by preventing unsuitable individuals from carrying out regulated activities with them. |
| Regulated activity | Schedule 4 of the Act defines regulated activity and determines which roles are subject to specific safeguarding requirements. |
| Vetting and barring | The Act establishes the legal framework for vetting, barring and safer recruitment, helping employers recruit safely and protect vulnerable people. |
| Disclosure and Barring Service (DBS) | The DBS administers key parts of the framework by processing DBS checks, maintaining the barred lists and considering safeguarding referrals. |
| Employer responsibilities | Employers must identify regulated roles, request the appropriate DBS check, prevent barred individuals from undertaking regulated activity and make DBS referrals where the legal duty applies. |
| Compliance | Applying the requirements of the Safeguarding Vulnerable Groups Act 2006 helps organisations meet their legal responsibilities and maintain effective safeguarding arrangements. |
What is the Safeguarding Vulnerable Groups Act 2006?
The Safeguarding Vulnerable Groups Act 2006 helps protect children and vulnerable adults by preventing people who pose a risk from carrying out regulated activities with them.
The Act establishes several important safeguarding controls:
- Defines regulated activity. The legislation sets out which roles and activities involving children or vulnerable adults are subject to specific safeguarding requirements. (See ‘What is a regulated activity?’ below).
- Restricts barred individuals from certain roles. Anyone included on the relevant barred list must not undertake regulated activity with the group they are barred from working with.
- Places duties on employers and organisations. Those recruiting staff or volunteers must identify regulated roles, carry out appropriate checks and prevent barred individuals from undertaking regulated activity.
- Provides the legal basis for barred lists. The Act supports the maintenance of separate barred lists for individuals considered unsuitable to work with children or vulnerable adults.
- Requires safeguarding referrals in certain circumstances. Employers and organisations may have a legal duty to refer someone where they have harmed, or may pose a risk of harm to, a child or vulnerable adult.
What is regulated activity?
The Safeguarding Vulnerable Groups Act 2006, Schedule 4 defines regulated activity involving children and vulnerable adults. It identifies the types of work that require specific safeguarding measures because of the nature of the role, the responsibilities involved and the level of contact with vulnerable groups.
Individuals carrying out regulated activity will normally require an appropriate Disclosure and Barring Service (DBS) check, including a check of the relevant barred list.
The main categories of regulated activity are:
- Teaching, training, supervising or instructing children. Schedule 4 covers roles involving responsibility for children’s education, training and welfare. This includes teachers, tutors, sports coaches and others working in schools, colleges, nurseries and youth organisations.
- Providing childcare. Individuals responsible for caring for or supervising children in regulated settings may be carrying out regulated activity, depending on the nature, frequency and circumstances of the work.
- Providing healthcare. Doctors, nurses, therapists, healthcare assistants and other professionals delivering healthcare to children or vulnerable adults are generally undertaking regulated activity because they provide treatment or care directly to those groups.
- Providing personal care. Assisting vulnerable adults with activities such as washing, dressing, eating, drinking or toileting is regulated activity due to the close and often unsupervised nature of the support provided.
- Carrying out social work. Social workers exercising statutory social work functions with children or vulnerable adults fall within the definition of regulated activity.
- Providing assistance with transport. Certain transport services for children or vulnerable adults, particularly where transport is provided because of age, illness or disability, are included within the statutory definition.
- Managing or supervising regulated activity. Individuals who manage or supervise people carrying out regulated activity may themselves be undertaking regulated activity in the circumstances specified by Schedule 4.
How does the Safeguarding Vulnerable Groups Act relate to the DBS?
The Safeguarding Vulnerable Groups Act 2006 establishes the legal framework for safeguarding children and adults, while the Disclosure and Barring Service (DBS) helps employers apply that framework in practice.
The DBS is responsible for:
- Processing DBS checks. It issues Basic, Standard and Enhanced DBS checks to help employers make safer recruitment decisions (see ‘What are the different types of DBS check?’ below).
- Maintaining barred lists. The DBS keeps the Children’s Barred List and Adults’ Barred List and ensures they remain up to date.
- Considering safeguarding referrals. Employers, regulators and other organisations must refer individuals to the DBS where the legal criteria are met because they have harmed, or may pose a risk of harm to, a child or adult.
- Making barring decisions. The DBS decides whether an individual should be added to, remain on or be removed from a barred list based on the available evidence and the relevant legal tests.
What are the different types of DBS check?
The DBS provides four main types of DBS check. The appropriate level depends on the responsibilities of the role and the legal requirements that apply to it.
Basic DBS check
A Basic DBS check shows any unspent convictions and conditional cautions.
Anyone can apply for a Basic DBS check, and employers can request one for roles that do not involve work requiring a higher level of safeguarding or criminal record checking.
Basic checks are used for general employment where an organisation wants reassurance about an applicant’s criminal record, but the role does not involve regulated activity.
Standard DBS check
A Standard DBS check shows spent and unspent convictions, cautions, reprimands and final warnings, although some older or less serious offences may not be disclosed in accordance with DBS filtering rules.
Standard DBS checks are available for certain professions and occupations specified in law, such as some legal, financial and security roles. They provide a more detailed criminal record history than a Basic DBS check but do not include information from local police forces or checks of the barred lists.
Enhanced DBS check
An Enhanced DBS check includes the same information as a Standard DBS check and may also contain relevant information held by local police forces where it is considered appropriate for the role.
Enhanced DBS checks are required for roles involving regular contact with children, vulnerable adults or other individuals receiving care, support or supervision. They provide employers with additional information to help assess an individual’s suitability for positions involving a higher level of responsibility and safeguarding.
Where a role involves regulated activity as defined by the Safeguarding Vulnerable Groups Act 2006, Schedule 4, employers should request an Enhanced DBS check with a check of the relevant barred list (see below).
Enhanced DBS check with barred list check
An Enhanced DBS check with a barred list check includes all the information contained in an Enhanced DBS check and confirms whether an individual appears on the Children’s Barred List, the Adults’ Barred List, or both, depending on the role.
This check is required for people carrying out regulated activity as defined in the Safeguarding Vulnerable Groups Act 2006, Schedule 4. It enables employers to confirm that an individual is not legally barred from working with children or vulnerable adults before they begin work.
When does an employer need to make a DBS referral?
The Safeguarding Vulnerable Groups Act 2006 places a legal duty on employers, volunteer managers and other organisations to make a referral to the DBS where the statutory referral criteria are met.
A referral is required where an organisation has removed an individual from regulated activity, or would have removed them had they not resigned, retired or otherwise left their role, because they:
- Harmed a child or adult. The individual has caused harm while carrying out regulated activity.
- Posed a risk of harm. Their conduct indicates they present a risk of harming a child or adult, even if no actual harm occurred.
- Engaged in relevant conduct or satisfied another statutory referral criterion. This includes circumstances specified in the legislation where the DBS must be informed so it can consider whether the individual should be barred from carrying out regulated activity.
Making referrals where the legal duty applies helps prevent unsuitable individuals from moving between organisations without safeguarding concerns being identified.
What happens if an employer fails to comply with the Act?
Depending on the circumstances, organisations or individuals who fail to comply with the Act may face:
- Criminal offences relating to barred individuals undertaking regulated activity;
- Enforcement action by sector regulators;
- Civil claims arising from safeguarding failures;
- Significant reputational damage.
Failure to comply with safeguarding legislation can have serious, long-lasting consequences.
Build safeguarding knowledge with CPD-accredited training
The Safeguarding Vulnerable Groups Act 2006 provides the legal framework for protecting children and adults through safer recruitment, vetting and barring.
Our CPD-accredited Safeguarding Children and Young People and Safeguarding Adults courses build on these principles, helping staff recognise signs of abuse and neglect, understand their safeguarding responsibilities, respond appropriately to concerns and follow reporting procedures with confidence.
Whether you work in education, healthcare, social care, housing or the voluntary sector, our practical safeguarding training helps develop the knowledge and confidence needed to protect vulnerable people and support compliance with legislation.
Find out more about Safeguarding Children and Young People and Safeguarding Adults training on our website, or contact our friendly team today on 0203 011 4242 / [email protected]
Tom Paxman
Managing Director (Digital)
