Source: Disclosure and Barring Service published on this website Wednesday 5 July 2026 by Jill Powell
From 1 September 2026, the law about regulated activity with children is changing. The current rule about the supervision of paid staff and volunteers carrying out specific activities with children will be removed from the legal definition.
This means some people will be in regulated activity with children from 1 September 2026 when they were not before, because they were sufficiently supervised by someone else. This will apply if they do the work often enough, or overnight.
Regulated activity is work that a barred person must not do. It is against the law for:
- a barred person to engage in regulated activity;
- someone to allow a barred person to do regulated activity
This change only impacts regulated activity with children. No change is being made to the definition of regulated activity with adults.
Who this affects
This change affects any organisation with paid staff or volunteers who teach, train, instruct, care for, or supervise children. It affects people who were not in regulated activity with children specifically because someone else carrying out regulated activity with children supervised them to a sufficient level. This includes, but is not restricted to circumstances involving:
- people who volunteer in schools, such as reading helpers who are supervised by a teacher
- people who coach children’s sports clubs, such as assistant coaches who are supervised by a head coach
- people who work or volunteer with children in outdoor activity centres, youth groups, charities or community groups, and are supervised by someone else who is in regulated activity with children
What is changing
Before 1 September 2026, people who teach, train, instruct, care for or supervise children often enough are not in regulated activity with children if someone else who is in regulated activity supervises them sufficiently. This means an organisation can ask for an Enhanced DBS check in the child workforce, but there is no access to a Children’s Barred List check for that supervised role.
From 1 September 2026, this supervision rule will no longer apply. If a person teaches, trains, instructs, cares for or supervises children often enough, or overnight, they will be in regulated activity with children even if someone else supervises them. This means an organisation will be able to ask for an Enhanced DBS check in the child workforce with a Children’s Barred List check.
The work is done often enough, or overnight, if it occurs:
- on more than 3 days in any 30-day period
- once overnight, between 2am and 6am
See some examples below – the examples can be applied to similar activities carried out in other settings.
Example 1 – weekly school reading volunteer
A parent volunteers at a primary school to listen to children read. They do this every Monday morning during term time. Because a teacher is always nearby and supervises them, the school decided that the parent is sufficiently supervised in line with the guidance set by the Department for Education (DfE) and asked the parent to apply for an Enhanced DBS check without a check of the Children’s Barred List.
Before 1 September 2026, the parent was not in regulated activity with children because a teacher supervised them. Following the legislation change, from 1st September 2026, the parent will be in regulated activity with children and will be able to get an Enhanced with Children’s Barred List check. The school should consider the guidance from DfE on these changes to ensure the volunteer is still suitable for the role.
Example 2 – monthly school art volunteer
Another parent volunteers once a month at the primary school to help with art activities. Again, a teacher is always present to supervise them. This parent is not in regulated activity with children because they are not carrying out the role often enough. The parent was asked to apply for an Enhanced DBS check without a Children’s Barred List check.
The school does not need to consider the supervision changes for this role as it is not being carried out often enough to be regulated activity with children.
Example 3 – music club volunteer
A volunteer helps at a community music club for children twice a week where lessons are given and children have the opportunity to play together. The main instructor is always there and supervises the volunteer.
Before 1 September 2026, the volunteer may not have been in regulated activity with children if the club decided that the main instructor supervised them sufficiently. From 1 September 2026, the volunteer will be in regulated activity with children because they instruct or supervise children often enough. The club should consider if the volunteer needs an Enhanced with Children’s Barred List DBS check.
Example 4 – outdoor activity centre
A paid activity instructor works at an outdoor activity centre. They lead climbing and canoeing sessions for different groups of school children 4 days a week. Teachers are present and a senior instructor always supervises the instructor’s work.
Before 1 September 2026, the instructor may not have been in regulated activity with children if the centre decided that the senior instructor supervised them sufficiently. From 1 September 2026, the instructor will be in regulated activity with children because they instruct children often enough. The centre should consider if the instructor needs an Enhanced with Children’s Barred List DBS check.
What organisations should do now
Organisations should get ready before the change starts. They should:
- identify roles where people teach, train, instruct, care for, or supervise children and are currently supervised by someone else in regulated activity
- check if the activity is done often enough or overnight
- check if the person’s current DBS certificate included a Children’s Barred List check
- decide if a new Enhanced DBS check with Children’s Barred List information is needed in line with sector specific guidance
- update recruitment, volunteering and safeguarding steps so they include the change from 1 September 2026
If a person’s role changes, or the way they do the role changes, organisations should check DBS eligibility again.
