From 1 September 2026, the supervision exemption for regulated activity with children has been removed.
Before the change, someone who regularly teaches, trains, instructs, cares for or supervises children may not be considered to be carrying out regulated activity if they are sufficiently supervised by another person.
After 1 September 2026, supervision will no longer be taken into account when deciding whether these particular activities amount to regulated activity.
The simplest way to understand the change: if you previously did not request a Children’s Barred List check for somebody who teaches, trains, instructs, cares for or supervises children because they were supervised, you should review their role.
If they carry out those activities frequently enough, they may now legally require an Enhanced DBS check with a Children’s Barred List check.
Importantly, this change only affects people whose role involves teaching, training, instructing, caring for or supervising children.
It does not mean everyone who works around children will suddenly become eligible for a Children’s Barred List check. For example, somebody attending a school to carry out maintenance work does not automatically meet the criteria simply because they are unsupervised.
The change does not mean everyone who works or volunteers around children will suddenly be carrying out regulated activity. The type of activity being performed and the frequency requirements still matter.
In this guide, we explain what is changing on 1 September 2026, which roles could be affected and what organisations should consider before the new rules come into effect.
What Is Regulated Activity With Children?
Regulated activity is work that a person who is barred from working with children must not carry out.
It is against the law for someone on the Children’s Barred List to carry out regulated activity with children. It is also against the law for an organisation to knowingly allow a barred person to carry out regulated activity.
Determining whether somebody is carrying out regulated activity is therefore important when deciding whether a Children’s Barred List check can and should be included as part of their Enhanced DBS check.
What Changed On 1 September 2026?
Up to and including 31 August 2026, supervision could affect whether somebody who teaches, trains, instructs, cares for or supervises children is considered to be carrying out regulated activity.
For example, someone may regularly work with children but be sufficiently supervised by another person who is already carrying out regulated activity.
In these circumstances, the supervised individual would not be eligible for an Enhanced DBS check with a Children’s Barred List check.
From 1 September 2026, this supervision exemption has been removed.
If somebody teaches, trains, instructs, cares for or supervises children frequently enough, or meets the overnight condition, they can be carrying out regulated activity even if another person supervises them.
This can make them eligible for an Enhanced DBS check with a Children’s Barred List check.
What Does “Frequently Enough” Mean?
This is an important part of understanding the change.
For the activities affected by the new rules, the DBS states that the work is carried out often enough where it takes place:
- on more than 3 days in any 30-day period, or
- once overnight between 2am and 6am
Where the relevant conditions are satisfied, supervision will no longer prevent the activity from being regulated activity.
Here are some simple examples:
| Example | From 1 September 2026 |
|---|---|
| Helps children once a month | The change does not make them eligible for a Children’s Barred List check because they do not meet the frequency requirement |
| Helps children every Monday | They may now be eligible for an Enhanced DBS check with a Children’s Barred List check, even if supervised |
| Helps children twice a week | They may now be eligible for an Enhanced DBS check with a Children’s Barred List check, even if supervised |
| Carries out the relevant activity overnight between 2am and 6am | They may now be eligible for an Enhanced DBS check with a Children’s Barred List check |
| Regularly carries out the relevant activity but is always supervised | Supervision will no longer prevent them from being eligible for a Children’s Barred List check |
Who Will The DBS Changes Affect?
The change affects organisations with paid employees or volunteers who teach, train, instruct, care for or supervise children and whose roles were previously outside regulated activity because they were sufficiently supervised.
This could include schools, children’s sports clubs, outdoor activity centres, youth groups, charities and community organisations.
For many organisations, supervised volunteer roles will be particularly important to review.
Does This Mean Unsupervised Workers Now Need A Barred List Check?
No. Being unsupervised by itself does not make somebody eligible for a Children’s Barred List check.
This particular change applies to people whose roles involve teaching, training, instructing, caring for or supervising children.
For example, someone attending a school to carry out maintenance, construction or similar work does not suddenly meet the criteria for a Children’s Barred List check simply because they work unsupervised.
Example 1: A Weekly Reading Volunteer
The DBS gives the example of a parent who volunteers at a primary school every Monday morning and listens to children read.
A teacher is always nearby and supervises the parent.
Before 1 September 2026, the school may have determined that the parent was sufficiently supervised. As a result, the parent was not carrying out regulated activity and could have an Enhanced DBS check without a Children’s Barred List check.
From 1 September 2026, this changes.
Because the parent performs the relevant activity frequently enough, they will be carrying out regulated activity even though the teacher continues to supervise them.
The school should therefore consider the relevant guidance and whether the volunteer needs an Enhanced DBS check with a Children’s Barred List check.
Example 2: A Monthly Art Volunteer
Consider another parent who helps with art activities at the same primary school, but only once a month.
A teacher is always present.
This volunteer does not carry out the activity frequently enough for it to be regulated activity on this basis.
The DBS therefore says the school does not need to consider the supervision changes for this particular role.
This example is important because it shows that removing the supervision exemption does not make every supervised volunteer eligible for a Children’s Barred List check.
Frequency still matters.
Example 3: A Children’s Music Club Volunteer
A volunteer helps at a community music club twice each week. Children receive lessons and have opportunities to play music together.
The main instructor is always present and supervises the volunteer.
Before 1 September 2026, the volunteer may not have been carrying out regulated activity if the organisation determined that the supervision exemption applied.
From 1 September 2026, the volunteer will be carrying out regulated activity because they instruct or supervise children frequently enough.
The club should therefore consider whether the volunteer requires an Enhanced DBS check with a Children’s Barred List check.
Example 4: An Outdoor Activity Instructor
The DBS also provides the example of a paid instructor working at an outdoor activity centre.
The instructor leads climbing and canoeing sessions for different groups of schoolchildren four days a week. Teachers are present and a senior instructor supervises their work.
Before 1 September 2026, the instructor may not have been carrying out regulated activity if the centre determined that the supervision exemption applied.
From 1 September 2026, the instructor will be carrying out regulated activity because they instruct children frequently enough.
The activity centre should therefore consider whether an Enhanced DBS check with a Children’s Barred List check is required.
Example 5: A Maintenance Worker in a School
A maintenance worker visits a school every week during school hours to carry out repairs. They may work around children and, on some occasions, may carry out their work without direct supervision.
The change on 1 September 2026 does not automatically mean this worker now needs a Children’s Barred List check.
The removal of the supervision exemption applies to the relevant activities of teaching, training, instructing, caring for or supervising children. Simply carrying out maintenance work in a school is not one of those activities.
Does This Mean Everyone Working With Children Needs A Barred List Check?
No.
This is one of the most important points for organisations to understand.
The change removes the supervision exemption for particular activities. It does not mean every person who works somewhere children are present automatically becomes eligible for a Children’s Barred List check.
The role must still meet the relevant legal requirements for regulated activity.
For example, the DBS’s monthly art volunteer is not affected by the supervision change because they do not carry out the activity frequently enough.
Organisations should therefore assess the actual role and activities being performed, rather than automatically requesting Children’s Barred List checks for everybody who has contact with children.
Overall DBS eligibility should continue to be assessed according to the actual role being performed and the relevant DBS eligibility rules.
Do Existing Volunteers Need A New DBS Check?
Potentially.
Organisations should review existing roles that may be affected rather than applying the new requirements only to people recruited after 1 September.
The DBS advises organisations to identify relevant supervised roles, establish whether the activities are carried out frequently enough or overnight, and check whether the person’s existing DBS certificate included Children’s Barred List information.
Where appropriate, the organisation should then determine whether a new Enhanced DBS check with Children’s Barred List information is required, taking account of relevant sector-specific guidance.
Does The Change Affect Regulated Activity With Adults?
No.
The change relates specifically to the definition of regulated activity with children.
The DBS has confirmed that there is no change to the definition of regulated activity with adults as part of this change.
Getting The Correct DBS Check
It is important that organisations request the correct level of DBS check for each role.
A Children’s Barred List check should not simply be added to every Enhanced DBS application involving children. It can only be requested where the role meets the relevant legal eligibility requirements.
Quicker DBS helps organisations process DBS checks online, including Enhanced DBS checks with Children’s Barred List checks where the role is eligible.
If you are unsure which level of DBS check a role may be eligible for, it is important to assess the duties being carried out against the relevant DBS eligibility guidance before submitting an application.
What Should Organisations Do Before 1 September 2026?
Organisations that employ staff or use volunteers to work with children should consider reviewing their existing roles before the changes take effect.
In particular, you should consider:
- whether anyone teaches, trains, instructs, cares for or supervises children
- whether they currently fall outside regulated activity because they are supervised
- how frequently they carry out the relevant activity
- whether they meet the overnight condition
- whether their existing Enhanced DBS certificate includes a Children’s Barred List check
- whether a new Enhanced DBS check with Children’s Barred List information may be required
The important point is not to assume that every role involving children has changed. Review the actual activities carried out by each person and apply the relevant eligibility rules.
Final Thoughts: DBS Regulated Activity Changes From 1 September 2026
The key change from 1 September 2026 is the removal of the supervision exemption for certain work with children.
If someone teaches, trains, instructs, cares for or supervises children frequently enough, being supervised will no longer prevent that work from being regulated activity.
Organisations should therefore review existing supervised staff and volunteers before the change takes effect and determine whether they will now be eligible for an Enhanced DBS check with a Children’s Barred List check.
Importantly, the change does not mean everyone working unsupervised around children suddenly requires a Barred List check. The activities they perform and the frequency with which they perform them continue to matter.
If your organisation needs to process DBS checks, Quicker DBS provides an online DBS checking service for organisations, helping you manage applications quickly and efficiently.