Upcoming Changes in Regulated Activities with Children
From 1st September 2026, the definition of regulated activity involving children will undergo significant changes. These alterations will affect various sectors and roles, prompting a need for organisations to understand the implications of this new legislation. While comprehensive details can be found on official government platforms, it is essential to clarify some common misunderstandings regarding these changes.
Understanding the Scope of the Changes
One prevalent misconception is that the removal of the supervision exemption applies solely to England. In reality, this change will affect not only England but also Wales and Northern Ireland. Therefore, all organisations operating in these regions should prepare for the implications of the revised definition.
Another misunderstanding is that the supervision exemption applies to both adults and children. This is not the case; the removal of the supervision exemption specifically pertains to regulated activity with children. The definition of regulated activity concerning adults remains unchanged, and consequently, no similar adjustments will occur in that area.
Impact Across Various Sectors
It is also a common belief that the removal of the supervision exemption is limited to educational settings and volunteers. This assertion is inaccurate. The change will have a broader impact, affecting all sectors where the criteria for regulated activity with children are met. This includes roles in sports clubs, charities, youth organisations, outdoor activity providers, cultural organisations, as well as schools and colleges. Both paid employees and volunteers may be influenced by these changes, depending on the nature and frequency of their interactions with children.
DBS Check Requirements Explained
Another misconception is the belief that the new legislation necessitates that all organisations must conduct a DBS check. It is important to note that the legislative changes do not impose a new obligation for organisations to carry out DBS checks. Employers retain the responsibility to evaluate their specific roles and decide whether a DBS check is suitable, alongside determining the appropriate level of check available under the law.
Organisations should not assume that they can overlook reviewing their DBS re-checking arrangements. The removal of the supervision exemption provides an opportune moment for organisations to assess their safeguarding checks for both staff and volunteers. There may be a need to prioritise or expedite DBS checks for individuals whose existing certificates lack a Children’s Barred List check.
Provisions for Enhanced DBS Checks
Contrary to another misconception, it is possible for organisations to apply for an Enhanced DBS check with a Children’s Barred List in advance of the changes coming into effect on 1st September 2026, provided that the other criteria for regulated activity are satisfied.
Additionally, some might believe that there is a legal requirement to suspend or alter the duties of individuals who have not undergone an Enhanced DBS check. This is incorrect; the removal of the supervision exemption modifies the classification of regulated activity but does not dictate how organisations manage individuals during the recruitment or checking phases. Decisions regarding the continuation of duties pending a DBS check should be made by the employer, taking into account their safeguarding obligations and risk assessment processes.
Access to the Children’s Barred List
There is also confusion surrounding the possibility of obtaining a standalone Children’s Barred List check. The ability to access such checks varies by circumstance. Educational institutions, for example, may obtain a standalone check through the Department for Education’s (DfE) service under specific conditions outlined in DfE guidance. However, this option is not universally available to all employers, particularly those outside the education sector, who should pursue the appropriate Enhanced DBS check when eligible.
Support Available for Organisations
Lastly, some organisations may feel that there is a lack of support regarding the removal of the supervision exemption. This is not the case, as the DBS Regional Outreach team is available to assist. Organisations uncertain about how these changes might impact their workforce can participate in DBS Disclosure and Eligibility Workshops. Contact information for the Regional Outreach team, including direct email addresses for regional advisers, can be found on the DBS Regional Outreach service page on the government website.
Final Thoughts on the Changes
In summary, while the removal of the supervision exemption signifies important changes, it does not automatically categorise every role involving children as regulated activity. Organisations must continue to evaluate the nature of their activities, the frequency of engagement, and any other relevant criteria outlined in DBS eligibility guidance. The legislative shift means that roles previously deemed outside regulated activity due to supervision may now require an Enhanced with Children’s Barred List DBS check.