Change to the definition of regulated activity with children from 1 September 2026

The UK government announced that from 1 September 2026, the legal exemption allowing supervised individuals to avoid regulated activity status with children will be removed. This change means that paid staff or volunteers who teach, train, instruct, care for, or supervise children frequently or overnight will now be considered in regulated activity, regardless of supervision levels. Previously, sufficient supervision by another regulated worker could exclude a role from regulated activity requirements. The Department for Education states this adjustment aims to strengthen child protection measures by ensuring consistent background checks. Organisations must reassess roles to determine if Enhanced DBS checks with Children’s Barred List checks are now required.

The change specifically targets regulated activity with children and does not affect definitions related to adults. It applies to any organisation employing or engaging paid staff or volunteers in child-facing roles, including schools, clubs, and activity centres. The government clarifies that roles performed often enough or overnight will now fall under regulated activity, even if supervised by another regulated worker. This means organisations must now request Enhanced DBS checks with Children’s Barred List checks for these individuals, whereas previously only Enhanced DBS checks without the barred list were required. The Department for Education has updated its guidance to reflect these changes.

Examples illustrate the practical impact of the new rules. A parent volunteering weekly to listen to children read at a primary school, previously exempt due to teacher supervision, will now require an Enhanced DBS check with a Children’s Barred List check from 1 September 2026. Similarly, a volunteer assisting twice weekly at a community music club for children will now be in regulated activity, necessitating the same enhanced checks. The government emphasises that frequency and overnight duties are key factors in determining regulated activity status, regardless of supervision.

Organisations are advised to review existing roles and volunteer arrangements to ensure compliance with the updated regulations. The Department for Education’s guidance highlights that roles not performed frequently or overnight remain unaffected by this change. If a role’s nature or frequency changes, organisations must reassess DBS eligibility to determine if additional checks are required. The government advises organisations to consult updated guidance to ensure all child-facing roles meet the new legal requirements for safeguarding.