DBS and Regulated Activity Changes from 1 September 2026
From 1 September 2026, the definition of regulated activity with children changed in England and Wales.
The supervision exemption has been removed. This may affect organisations employing staff or using volunteers who work with children.
What was the supervision exemption?
Before 1 September 2026, someone undertaking certain activities with children could be excluded from regulated activity where their work was sufficiently supervised by another person carrying out regulated activity.
From 1 September 2026, supervision no longer removes an otherwise qualifying role from regulated activity.
Where the other criteria are met, a person who teaches, trains, instructs, cares for or supervises children frequently or overnight may therefore be carrying out regulated activity even where another person supervises them.
Does everyone now need a new DBS check?
No.
The Disclosure and Barring Service has confirmed that removing the supervision exemption does not itself create a blanket legal requirement for organisations to carry out new DBS checks.
Organisations remain responsible for assessing individual roles and determining whether a DBS check is appropriate and what level of check the role is legally eligible for.
However, roles that previously fell outside regulated activity specifically because of supervision should now be reviewed.
Where the role now constitutes regulated activity, it may be eligible for an Enhanced DBS check with Children's Barred List information.
Who could be affected?
The change can affect both paid workers and volunteers.
Examples can include regular school volunteers, assistant sports coaches, people working in youth organisations, childcare settings, charities and outdoor activity organisations.
Whether a role constitutes regulated activity depends on the activities undertaken and the applicable frequency or overnight criteria.
Employers should therefore assess the role rather than assuming that every person who has contact with children requires the same DBS check.
New DBS eligibility guidance
The DBS published updated eligibility guidance on 1 September 2026 to help organisations determine whether roles qualify for Basic, Standard, Enhanced or Enhanced with Barred List DBS checks.
Employers are legally responsible for requesting the correct level of check.
A Standard or Enhanced DBS check must not be requested where the role is not legally eligible for that level.
Keeping Children Safe in Education 2026
Keeping Children Safe in Education 2026 also came into force on 1 September 2026 for schools and colleges in England.
All staff must now read Part One in full.
The shorter version previously contained in Annex A has been removed, meaning staff who do not work directly with children are subject to the same Part One reading requirement.
What should employers do?
Review staff and volunteer roles that were previously treated as outside regulated activity because they were supervised.
Check whether those roles now meet the definition of regulated activity.
Review the level of DBS check currently held and consider whether further checking is appropriate.
Ensure job descriptions and volunteer role descriptions accurately describe activities and frequency.
Update recruitment, safeguarding and DBS procedures where they refer to the previous supervision exemption.
Schools and colleges should ensure safeguarding processes and staff acknowledgements reflect Keeping Children Safe in Education 2026.
Managing due diligence with Leo HR
Leo HR helps employers manage recruitment and ongoing due diligence, including DBS and Right to Work information, employee records, compliance monitoring and reminders.
Keeping due diligence information alongside the employment record helps organisations maintain a clearer picture of the checks supporting their employment and safeguarding decisions.