From 1 September 2026, important changes have come into force regarding the definition of regulated activity with children, affecting schools, academies, trusts, and other organisations that work with young people.
The change removes the long-standing supervision exemption, meaning that individuals who regularly teach, train, instruct, care for, or supervise children may now be considered to be undertaking regulated activity, even when they are supervised by another member of staff.
For schools, this is likely to have the greatest impact on certain volunteer and support roles. Previously, some supervised volunteers could only be subject to an Enhanced DBS check. Under the revised legislation, many of these roles may now be eligible for an Enhanced DBS check with Children’s Barred List information, enabling schools to identify whether an individual is legally barred from working with children.
The changes were introduced following recommendations aimed at strengthening safeguarding arrangements and creating greater consistency between supervised and unsupervised roles that involve regular contact with children.
Schools and trusts should review their existing staffing and volunteer arrangements to identify any roles that may now fall within the updated definition of regulated activity. Recruitment procedures, safeguarding policies, and DBS checking practices may also need to be updated to ensure compliance with the new requirements.
We recommend that schools and multi-academy trusts seek advice where there is any uncertainty regarding DBS eligibility or regulated activity status, as applying the correct level of check remains an important part of safer recruitment and safeguarding practice.
For any of our DBS customers who need help, please get in touch.