Upcoming Changes to Regulated Activity with Children
As of 1 September 2026, significant amendments will be made to the legislation governing regulated activities involving children in England and Wales. The current provision concerning the supervision of paid staff and volunteers engaged in specific activities with children will be eliminated from the legal framework. Similar changes are anticipated in Northern Ireland, with further details available on the Department of Justice website.
This legislative shift implies that various individuals will find themselves classified as being in regulated activity with children from 1 September 2026, a status they did not hold previously due to adequate supervision by another responsible adult. This classification will apply if the work is conducted frequently or involves overnight responsibilities.
Regulated activity encompasses roles that individuals barred from working with children are prohibited from undertaking. It is illegal for:
- a barred individual to participate in regulated activity;
- anyone to permit a barred individual to engage in regulated activity.
It is important to note that these changes exclusively pertain to regulated activities with children, and the definitions surrounding regulated activities involving adults will remain unchanged.
Impact on Organisations and Volunteers
The impending changes will affect any organisation in England, Wales, and Northern Ireland that employs staff or engages volunteers to teach, train, instruct, care for, or supervise children. Specifically, it will impact those who were previously exempt from being classified as in regulated activity due to adequate supervision by another adult in regulated activity with children. This includes, but is not limited to:
- Volunteers in schools, such as reading assistants supervised by a teacher.
- Coaches at children’s sports clubs, including assistant coaches under the oversight of a head coach.
- Individuals working or volunteering with children in outdoor activity centres, youth groups, charities, or community organisations, where they are supervised by someone in regulated activity with children.
Clarification of the New Regulations
Prior to 1 September 2026, individuals who frequently teach, train, instruct, care for, or supervise children were not classified as engaging in regulated activity if they were adequately supervised by someone already in regulated activity. Consequently, organisations could request an Enhanced DBS check for the child workforce, but access to a Children’s Barred List check was not available for those supervised roles.
After 1 September 2026, the supervision exemption will be abolished. Consequently, anyone who teaches, trains, instructs, cares for, or supervises children frequently or overnight will be classified as engaging in regulated activity, regardless of the presence of supervision. This change enables organisations to request both an Enhanced DBS check and a Children’s Barred List check for these roles.
An individual is deemed to work often enough or overnight if they undertake the activity:
- More than three times within any 30-day period.
- Once overnight, specifically between the hours of 2 am and 6 am.
Examples Illustrating the Changes
To further clarify the implications of these new regulations, several examples illustrate how the changes will affect various roles:
Example 1: Weekly School Reading Volunteer – A parent volunteers at a primary school to assist children with reading every Monday morning during term time. Under current regulations, as they are supervised by a teacher, they are not classified as in regulated activity. However, from 1 September 2026, this parent will be deemed to be in regulated activity and will require an Enhanced DBS check that includes a Children’s Barred List check.
Example 2: Monthly School Art Volunteer – Another parent volunteers once a month for art activities in the same school. Since they do not engage in the role frequently enough, they are not classified under regulated activity and do not require a Children’s Barred List check.
Example 3: Music Club Volunteer – A volunteer who assists at a community music club for children twice weekly may not have been classified as in regulated activity before the changes. Post-September 2026, they will be required to undergo an Enhanced DBS check that includes a Children’s Barred List check, owing to the frequency of their involvement.
Example 4: Outdoor Activity Centre Instructor – An instructor working at an outdoor activity centre leading climbing and canoeing sessions four days a week will also find their status altered. Previously, their adequate supervision may have exempted them from being classified as in regulated activity. After the changes, they will need an Enhanced DBS check including a Children’s Barred List check.
Preparation for Organisations
It is crucial for organisations to prepare for these changes before they take effect. Recommended actions include:
- Identifying roles where individuals teach, train, instruct, care for, or supervise children and are currently supervised by others in regulated activity.
- Assessing whether these activities occur frequently or overnight.
- Verifying if the individual’s current DBS certificate includes a Children’s Barred List check.
- Determining if a new Enhanced DBS check with Children’s Barred List information is necessary, in accordance with sector-specific guidance.
- Updating recruitment, volunteering, and safeguarding protocols to reflect the legislative changes effective from 1 September 2026.
In cases where an individual’s role shifts or the manner in which they perform it changes, organisations should reassess their eligibility for DBS checks accordingly.
Additional Resources and Guidance
For further clarification, organisations can consult the DBS for answers to frequently asked questions regarding the removal of the supervision exemption. Additionally, the Department for Education provides guidance on supervision in educational and childcare settings, which is essential for organisations working with children.