Written by Charlie Daw
Organisations working with children need to be aware of changes to the definition of regulated activity coming into effect on 1 September 2026.
The Disclosure and Barring Service (DBS) has confirmed that the current supervision exemption for regulated activity with children will be removed from 1 September.
This means that some paid staff and volunteers who were previously considered to be working in a supervised role will now be classed as carrying out regulated activity with children.
What is changing?
Currently, some people who teach, train, instruct, care for or supervise children may not be classed as carrying out regulated activity if they are sufficiently supervised by another person who is already undertaking regulated activity.
From 1 September 2026, this exemption will no longer apply.
Instead, if someone carries out these activities often enough, or works with children overnight, they may be considered to be in regulated activity even when another person is supervising them.
The activity is considered to be carried out often enough if it takes place:
- On more than 3 days in any 30-day period; or
- Once overnight, between 2am and 6am.
This change only applies to regulated activity with children. There is no change to the definition of regulated activity with adults.
What does this mean for DBS checks?
Regulated activity is work that a person who is barred from working with children is legally prohibited from doing.
It is also against the law for an organisation to knowingly allow someone who is barred from regulated activity to carry out that work.
Under the new rules, some roles that previously required an Enhanced DBS check without a Children’s Barred List check may now be eligible for an Enhanced DBS check with a Children’s Barred List check.
Organisations should review their roles and DBS requirements to make sure they are using the appropriate level of check.
Who could be affected?
The change could affect organisations that work with children, including:
- Schools and education providers
- Youth groups and charities
- Sports clubs
- Outdoor activity centres
- Community organisations
- Arts and music groups
- Organisations providing activities, care or support to children
For example, an assistant sports coach who regularly works with children but has always been supervised by a head coach could now be considered to be carrying out regulated activity.
Similarly, a volunteer who regularly helps children with reading at a school could be affected, even where a teacher is always present.
What organisations should do now
Organisations should review their current roles before the change comes into effect.
In particular, they should:
- Identify staff and volunteers who teach, train, instruct, care for or supervise children.
- Identify roles where the person is currently relying on the supervision exemption.
- Check how frequently each role is carried out.
- Check whether any roles involve overnight activity.
- Review whether existing DBS certificates include a Children’s Barred List check.
- Consider whether a new Enhanced DBS check with Children’s Barred List information is appropriate, taking account of sector-specific guidance.
- Update recruitment, volunteering and safeguarding procedures where necessary.
If someone’s role changes, or the way they carry out their role changes, organisations should also check their DBS eligibility again.
What should organisations do next?
The change comes into effect on 1 September 2026, so organisations should review affected roles now rather than waiting until the new rules are in place.
The DBS has advised organisations to consider the specific duties being carried out, how often they take place and whether the role now falls within the definition of regulated activity.
Organisations should also make sure that their safeguarding and recruitment procedures reflect the new requirements.