Section 21: Controlled activity relating to children
98.This section defines controlled activity relating to children. Broadly, this is any activity in the further education and health sectors which is carried out frequently, or on three or more days in a 30-day period, and involves the opportunity for contact with children or access to children’s medical records but is not a regulated activity.
99.This will include ancillary work in such sectors, such as cleaning, administrative work, etc. and the teaching of adults in further education settings where children are present. Subsection (5) ensures that staff working for a local authority in connection with the making of direct payments who have contact with children are also undertaking controlled activity.
100.An individual who has the frequent opportunity for access to the records specified in subsection (6) (e.g. health, education or social services records) for or on behalf of an organisation specified in subsection (10) (e.g. a local authority) will also be engaged in controlled activity.
101.There is no overlap between the definitions of controlled activity and regulated activity relating to children. This is because subsection (2) provides an activity is a controlled activity relating to children only to the extent that it is not a regulated activity relating to children.
102.The section also allows for the definition of controlled activity in relation to children to be amended in the future.