Earlier this summer, I wrote two Stay Connected articles introducing KCSIE 2026 and exploring the removal of the supervision exemption for volunteers, one of the most significant changes affecting schools this year.
Since then, the statutory guidance has come into force. Whilst much remains unchanged from the information version published in July, the final version did introduce an additional requirement relating to volunteers working within EYFS settings.
As schools settle into the new academic year and begin putting these changes into practice, now feels like a good opportunity to revisit the key Part 3 updates affecting safer recruitment, safeguarding, and workforce management.
Here are three changes that are likely to have the biggest practical impact and should be firmly on the radar of anyone involved in safer recruitment and safeguarding.
1. More volunteers may now be in regulated activity
Historically, many volunteer roles fell outside regulated activity where the volunteer was supervised by a member of staff already engaged in regulated activity. The Crime and Policing Act 2026 has removed this supervision exemption, meaning schools can no longer rely on supervision alone to determine whether a volunteer is carrying out regulated activity.
The practical impact is that some volunteers who would previously not have met the threshold may now do so. Where a volunteer is undertaking regulated activity, they will require an Enhanced DBS check with barred list information.
That said, schools should be careful not to assume that every volunteer now requires a barred list check. Eligibility still depends on the nature of the role and whether the regulated activity test is met. The focus should be on what the individual actually does in practice, how often they carry out those activities, whether they meet the frequency threshold of 3 or more times in a 30 day period, and whether overnight activities are involved.
For many schools, this is a good opportunity to review volunteer roles, reassess whether they meet the regulated activity threshold and ensure recruitment processes reflect the revised position.
2. EYFS volunteers cannot start until DBS clearance has been received
One of the late additions to the final version of KCSIE 2026 relates to volunteers working within EYFS settings.
The guidance now makes clear that where schools are subject to the EYFS framework, volunteers must not begin work until an Enhanced DBS certificate, including barred list information where legally available, has been received. This is likely to affect parent helpers in Reception classes, nursery volunteers, regular reading volunteers and student volunteers placed within EYFS provision.
The key point is that EYFS volunteers are now treated differently from volunteers elsewhere in the school. Schools can no longer rely on supervision arrangements whilst waiting for DBS clearance to be returned and should build sufficient time into volunteer recruitment and onboarding processes.
In reality, I suspect this will not come as a surprise to many schools. Our long-standing advice has been that employees and volunteers should not start until all pre-employment checks have been satisfactorily completed, even where legislation permits a degree of flexibility.
Whilst there may be limited circumstances where an employee can start work before their Enhanced DBS certificate is received, provided a separate barred list check has been undertaken, schools should carefully consider the risks of doing so. It is always far easier to address any concerns and withdraw an offer of employment before someone begins working with children than after they have started.
Although this requirement only applies to EYFS volunteers, it provides a useful opportunity for schools to review their wider approach to onboarding staff and volunteers. We would recommend ensuring all pre-employment checks / volunteer checks have been satisfactorily completed before an individual begins working with children.
3. Not everyone on site needs a DBS check
I am often asked whether everyone coming onto a school site needs a DBS check. The simple answer is no and KCSIE 2026 reinforces that this position.
The appropriate approach remains one that is proportionate, risk-based and linked to the activity the individual is undertaking. Schools should avoid adopting blanket DBS requirements simply because a person will be present on site.
Instead, consideration should be given to factors such as:
- Why the individual is on site
- Whether they will have contact with children
- The nature, frequency, and duration of that contact
- Whether supervision and other safeguards are in place
This remains an area where professional judgement is important, and schools should be cautious about requesting checks where there is no legal eligibility to do so.
The message for schools is simple: focus on the role being undertaken, not simply whether someone will be present on site.
Final thoughts
The removal of the supervision exemption has understandably attracted most of the attention this year, but it is not the only change schools should be considering.
For many settings, the biggest practical impact will be reviewing volunteer arrangements, reassessing which roles now fall within regulated activity and ensuring sufficient time is built into onboarding processes, particularly within EYFS.
Whilst KCSIE 2026 does not fundamentally change the principles of safer recruitment, it serves as a timely reminder to review existing practices and challenge assumptions that may have developed over time.
Safeguarding is rarely about ticking boxes. It is about making informed, proportionate decisions that place children's safety at the centre of every recruitment decision.
If you would like support or advice on how these changes apply to your school, please contact your HR Consultant.
- Sarah Wyllie, Senior HR Consultant
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