7 Oct 2026
An important change to the rules around regulated activity with children came into force on 1 September 2026.
And it isn’t just relevant to schools or childcare providers.
The change could affect sports and leisure organisations, visitor attractions, estates, charities, community groups, activity providers and other employers that have staff or volunteers who regularly work with children.
Previously, someone undertaking certain activities with children – including teaching, training, instructing, caring for or supervising them – could, in some circumstances, fall outside the definition of regulated activity because they were sufficiently supervised by somebody else.
From 1 September 2026, that supervision exemption has been removed.
This means an employee or volunteer can now be undertaking regulated activity even where another member of staff is present and supervising them.
Where the relevant activity is carried out frequently enough, this may mean the individual is eligible for an Enhanced DBS check including a Children’s Barred List check.
For teaching, training, instructing, caring for or supervising children, the frequency test will generally be met where the activity takes place:
• on more than three days in any 30-day period; or
• overnight between 2am and 6am, where the relevant conditions are met.
It’s important not to think only about obvious childcare roles. The change could be relevant in many different settings.
An assistant swimming teacher, sports coach or activity instructor who regularly works with junior groups may previously have been treated differently because a senior coach or instructor was always present.
Supervision alone will no longer take their activity outside the definition.
Think about employees and volunteers running children’s workshops, educational visits, holiday activities, tours or other organised activities.
Even where children attend with parents, teachers or other staff, organisations should consider what their own employee or volunteer is actually doing and how frequently they do it.
Christmas experiences, school-holiday activities and other seasonal events can involve people working intensively with children over a relatively short period.
For example, a Santa, elf or children’s activity leader shouldn’t automatically be assumed to need – or not need – a particular DBS check simply because of their job title.
The important questions are what they actually do with children and how frequently they do it.
Volunteer assistant coaches are a particularly useful example.
Previously, an assistant working under the supervision of a lead coach may have fallen within the supervision exemption. If they regularly teach, train, instruct, care for or supervise children, that arrangement should now be reviewed.
Assistant teachers, instructors and volunteers regularly helping children during lessons, rehearsals, performances or clubs may also be affected.
This could include volunteers regularly helping to run youth clubs, children’s groups, mentoring programmes, workshops or other organised activities.
People regularly teaching or supervising children’s groups may need reviewing, as may certain roles involving advice or guidance relating to a child’s physical, emotional or educational wellbeing.
Employees or volunteers regularly instructing children in activities such as climbing, riding, canoeing or outdoor education may now fall within regulated activity even though they are supervised by a more senior instructor.
Regular classroom helpers, reading volunteers and other volunteers who previously relied upon the supervision exemption are an obvious group affected by the change.
Residential trips, camps and other overnight activities deserve particular attention because the legislation contains specific provisions relating to activity taking place overnight.
No.
Simply coming into contact with children through your work does not automatically mean that you are undertaking regulated activity.
The nature of the activity, its frequency and the circumstances in which it takes place remain important.
For example, the DBS has explained that someone helping with a children’s activity once a month would not meet the frequency requirement simply because the supervision exemption has been removed.
There are also other categories of regulated activity with children which operate under different rules, so employers shouldn’t rely on the frequency test alone when assessing every role.
Where a role constitutes regulated activity with children, this can affect the level of DBS check an organisation is legally entitled to request.
It is also particularly important because a person who is included on the Children’s Barred List must not undertake regulated activity with children, and organisations must not knowingly allow a barred individual to undertake such work.
This makes getting the assessment right an important part of both recruitment and safeguarding.
If your organisation employs staff, casual workers or volunteers who work with children, we’d recommend carrying out a short review.
Consider:
• Who regularly works directly with children?
• What do they actually do, rather than simply what does their job description say?
• How frequently do they carry out those activities?
• Have you previously relied upon them being supervised when deciding what DBS check was appropriate?
• What level of DBS check do they currently have?
• Does that check include the Children’s Barred List where appropriate?
• Have roles or working arrangements changed since the original DBS assessment?
• Do your recruitment, volunteering and safeguarding procedures need updating?
Don’t forget casual, seasonal and volunteer roles. These can be particularly easy to overlook.
DBS eligibility isn’t always straightforward and requesting the wrong level of check can itself create problems.
If you are an existing HR Branch client and aren’t sure whether the September changes affect your employees or volunteers, speak to your usual HR contact.
We can help you review the role and working arrangements, identify where further DBS or specialist safeguarding guidance may be required and make sure your recruitment and HR processes reflect the changes.
If you don’t currently work with us but would like support reviewing your safeguarding, recruitment or HR arrangements, we’d be happy to have a conversation.