From 1 September 2026, the supervision exemption for regulated activity with children is being removed.
Currently, 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.
From 1 September 2026, that supervision will no longer matter when deciding whether these activities are regulated activity.
The easiest way to understand the change: if you previously did not request a Children’s Barred List check for someone who teaches, trains, instructs, cares for or supervises children because they were supervised, you should review their role. If they carry out these activities frequently enough, they may now need an Enhanced DBS check with a Children’s Barred List check.
Please note, this change only affects people whose role involves teaching, training, instructing, caring for or supervising children.
It does not mean that everyone who works around children will now be eligible for a Children’s Barred List check. For example, someone attending a school to carry out maintenance or construction work does not automatically meet the criteria simply because they are working unsupervised.
For example, someone who volunteers at a school every week to listen to children read may currently not need the Children’s Barred List check if a teacher sufficiently supervises them. From 1 September, they would need the Children’s Barred List check, even though the teacher continues to supervise them.
The change does not mean everyone who works or volunteers around children will suddenly be in regulated activity. The type of activity and frequency requirements still apply.
In this guide, we’ll explain exactly how the supervision rule is changing, who it could affect, and what organisations should do before 1 September 2026.
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.
Whether someone is carrying out regulated activity therefore matters when deciding whether a Children’s Barred List check can and should form part of their Enhanced DBS check.
What Is Changing On 1 September 2026?
Until 31 August 2026, supervision can affect whether someone who teaches, trains, instructs, cares for or supervises children is considered to be carrying out regulated activity.
For example, someone may regularly help children but be sufficiently supervised by another person who is already carrying out regulated activity.
In those circumstances, the supervised person may currently be eligible for an Enhanced DBS check in the child workforce without a Children’s Barred List check.
From 1 September 2026, this supervision exemption is being removed.
If someone teaches, trains, instructs, cares for or supervises children frequently enough, or meets the overnight condition, they can be carrying out regulated activity even when somebody else 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 the new rules.
For the activities affected by this change, the DBS states that the work is carried out often enough if it takes place:
- on more than 3 days in any 30-day period, or
- once overnight between 2am and 6am
Supervision will no longer remove the activity from regulated activity where the relevant conditions are met.
Here’s an easy way to think about it:
| 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 they are 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 they are 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 | Being supervised 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 staff or volunteers who teach, train, instruct, care for or supervise children and whose roles were previously outside regulated activity because they were sufficiently supervised.
That could include schools, children’s sports clubs, outdoor activity centres, youth groups, charities and community organisations.
For many organisations, supervised volunteers will be particularly important to review.
Does This Mean Unsupervised Workers Now Need A Barred List Check?
No. Being unsupervised on its own does not make someone eligible for a Children’s Barred List check.
This particular change applies to people whose role involves 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 are unsupervised.
Example 1: A Weekly Reading Volunteer
The DBS gives the example of a parent who volunteers at a primary school every Monday morning to listen 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. The parent was therefore 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 carries out the relevant activity frequently enough, they will be in 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
Now 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 is not carrying out the activity frequently enough to be regulated activity on this basis.
The DBS therefore says the school does not need to consider the supervision changes for this role.
This example is important because it demonstrates that the removal of 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 a 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 they were sufficiently supervised.
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 gives 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 in 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 be around children while working 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 that every person who works somewhere children are present automatically becomes eligible for a Children’s Barred List check.
The role still needs to 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 everyone who has contact with children.
Their overall DBS eligibility should still be assessed based on the actual role they perform 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 rules 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 decide 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 to request the correct level of DBS check for each role.
Organisations should not simply add a Children’s Barred List check to every Enhanced DBS application involving children. A Children’s Barred List check can only be requested where the role meets the relevant legal eligibility requirements.
If the role is eligible, Employment Tools can help organisations process Enhanced DBS checks with Children’s Barred List checks online, with applications submitted before 4pm processed by our team on the same working day at no additional charge.
Digital ID checks can also make the identity verification stage quicker and easier for both organisations and applicants.
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 needs a Barred List check. The activities they perform and the frequency with which they perform them still matter.