From 1 September 2026, the definition of regulated activity with children is set to change, with the removal of the supervision exemption. This alteration will apply across England, Wales, and Northern Ireland.
The change is not limited to education settings or volunteers, affecting roles in sectors such as sports clubs, charities, youth organisations, outdoor activity providers, and cultural organisations. Both paid staff and volunteers may be impacted, depending on the nature and frequency of their work with children.
Organisations are responsible for assessing their roles and determining the appropriate level of DBS check. While the legislation does not create a new requirement for checks, the removal of the supervision exemption provides an opportunity for organisations to review their workforce and volunteer safeguarding checks. Organisations may consider prioritising or accelerating DBS checking for those whose existing certificates do not include a Children’s Barred List check.
It is possible for organisations to apply for an Enhanced with Children’s Barred List DBS check in advance of the 1 September 2026 change, provided other elements of regulated activity are met. Decisions regarding individuals' duties while DBS checks are processed remain with the employer or organisation, taking into account safeguarding responsibilities and risk assessment processes.