News

Change to the DBS definition of Regulated Activity with Children

Written by EmploymentCheck | Sep 11, 2026, 1:38:27 PM

We would like to remind you of important changes to the definition of regulated activity with children that came into effect on 1st September 2026 following amendments introduced by the Crime and Policing Act 2026.

 

What has changed?

Previously, certain activities involving children, such as teaching, training, instructing, caring for, or supervising, were not considered regulated activity where the individual was supervised by someone already engaged in regulated activity.

Since 1st September 2026, this exemption no longer applies.

As a result, these activities are now classified as regulated activity with children, whether supervised or not, when they are carried out:

    • On more than three days within any 30-day period; or
    • Overnight, where the activity takes place between 2:00am and 6:00am and there is an opportunity for face-to-face contact with children.

Please note that this change applies only to regulated activity with children. There has been no change to the definition of regulated activity with adults.

 

What does this mean for staff and volunteers?

Any paid staff member or volunteer who teaches, trains, instructs, cares for, or supervises children and meets the criteria above is now undertaking regulated activity.

This change affects individuals who were previously outside the scope of regulated activity solely because they were supervised by another person engaged in regulated activity with children.

These individuals must now have an Enhanced DBS check with Children's Barred List before carrying out the role.

Examples include, but are not limited to:

    • School volunteers, such as reading helpers supervised by a teacher.
    • Children's sports club volunteers, such as assistant coaches supervised by a head coach.
    • Staff and volunteers working with children in outdoor activity centres, youth groups, charities, or community organisations who are supervised by another individual undertaking regulated activity with children.

 

Why is this important?

DBS checks play a vital role in protecting children by helping organisations confirm that individuals who work with children are legally permitted to do so.

Organisations have a legal responsibility to ensure that individuals undertaking regulated activity are not barred from working with children. Failure to carry out the appropriate checks may result in non-compliance with safeguarding requirements.

If you have not already done so, we encourage you to review any paid staff or volunteers who may be affected by these changes and ensure the appropriate DBS checks are now in place.

 

Need support?

Further information can be found: Change to the definition of regulated activity with children from 1 September 2026 - GOV.UK >>