From 1 September 2026, an important change to the rules around regulated activity with children came into effect: the supervision exemption was removed.
Previously, someone who regularly taught, trained, instructed, cared for or supervised children might not have been considered to be carrying out regulated activity if they were sufficiently supervised by another person.
That is no longer the case.
From 1 September 2026, supervision is no longer taken into account when deciding whether these particular activities amount to regulated activity.
As a quick summary: 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 now review their role.
If they perform these activities frequently enough, they may now be eligible for an Enhanced DBS check with a Children’s Barred List check.
Importantly, this change specifically affects people whose role involves teaching, training, instructing, caring for or supervising children.
It does not mean that everybody who works in an environment where children are present now qualifies for a Children’s Barred List check. For example, someone visiting a school to carry out construction or maintenance work does not automatically meet the requirements simply because they work without supervision.
In this guide, we explain what changed on 1 September 2026, which roles may now be affected and what organisations should do if they have not yet reviewed their staff and volunteers.
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 included on the Children’s Barred List to carry out regulated activity with children. Organisations must also not knowingly allow a barred individual to carry out regulated activity.
Understanding whether a role amounts to regulated activity is therefore an important part of deciding whether a Children’s Barred List check can and should be requested alongside an Enhanced DBS check.
What Changed On 1 September 2026?
Up to and including 31 August 2026, supervision could affect whether someone who taught, trained, instructed, cared for or supervised children was carrying out regulated activity.
For example, an individual could regularly work with children while being sufficiently supervised by another person who was themselves carrying out regulated activity.
In this situation, the supervised person may previously have qualified for an Enhanced DBS check in the child workforce, but without a Children’s Barred List check.
That supervision exemption was removed on 1 September 2026.
Someone who teaches, trains, instructs, cares for or supervises children frequently enough, or satisfies the overnight condition, can now be carrying out regulated activity even when another person supervises them.
This may mean they are eligible for an Enhanced DBS check including a Children’s Barred List check.
What Does “Frequently Enough” Mean?
Frequency remains an important part of determining whether the activity is regulated activity.
For the activities affected by the change, the DBS states that the work must take place:
- on more than 3 days in any 30-day period, or
- once overnight between 2am and 6am.
Where the other relevant conditions are met, supervision no longer prevents the activity from being considered regulated activity.
Who Is Affected By The DBS Changes?
The change can affect organisations with employees or volunteers who teach, train, instruct, care for or supervise children, where those individuals were previously outside regulated activity because sufficient supervision was provided.
This could include:
- Schools
- Children’s sports clubs
- Youth organisations
- Outdoor activity centres
- Charities
- Community organisations
Supervised volunteer roles are particularly important for organisations to review.
If your organisation has not yet reviewed existing supervised roles following the 1 September change, it is important to do so.
Does This Mean Unsupervised Workers Now Need A Barred List Check?
No. Being unsupervised does not, by itself, make somebody eligible for a Children’s Barred List check.
The change specifically concerns roles involving teaching, training, instructing, caring for or supervising children.
Someone carrying out construction, maintenance or similar work at a school does not suddenly qualify for a Children’s Barred List check simply because they are working without direct supervision.
The actual activity being carried out still matters.
Example 1: A Weekly Reading Volunteer
The DBS provides the example of a parent who volunteers at a primary school every Monday morning, listening to children read.
A teacher remains nearby and supervises the volunteer.
Before 1 September 2026, the school may have determined that the parent was sufficiently supervised. This could have meant the volunteer was not carrying out regulated activity and could receive an Enhanced DBS check without a Children’s Barred List check.
Since 1 September 2026, the position is different.
Because the parent carries out the relevant activity frequently enough, the activity can now be regulated activity even though the teacher continues to provide supervision.
The school should therefore consider the relevant guidance and whether an Enhanced DBS check with a Children’s Barred List check is required.
Example 2: A Monthly Art Volunteer
Now consider another parent who helps children with art activities at the same school, but only attends once each month.
A teacher is always present.
Because the volunteer does not carry out the activity frequently enough, it does not become regulated activity on this basis.
The supervision change therefore does not make this particular role regulated activity.
This demonstrates an important point: removing the supervision exemption did not mean every supervised volunteer became eligible for a Children’s Barred List check.
The frequency requirement still applies.
Example 3: A Children’s Music Club Volunteer
A volunteer assists at a community music club twice a week, where children receive lessons and take part in music activities.
The club’s 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 sufficient supervision was being provided.
Under the rules now in force, the volunteer can be carrying out regulated activity because they instruct or supervise children frequently enough.
The organisation should therefore consider whether an Enhanced DBS check with a Children’s Barred List check is required.
Example 4: An Outdoor Activity Instructor
Another example provided by the DBS involves a paid instructor at an outdoor activity centre.
The instructor leads climbing and canoeing sessions for different groups of schoolchildren four days each week. Teachers attend and the person’s work is also supervised by a senior instructor.
Before 1 September 2026, the supervision exemption may have meant the instructor was not carrying out regulated activity.
Since 1 September 2026, the instructor can be carrying out regulated activity because they instruct children frequently enough, regardless of that supervision.
The activity centre should therefore consider whether they require an Enhanced DBS check with a Children’s Barred List check.
Example 5: A Maintenance Worker At A School
A maintenance worker attends a school each week during school hours to carry out repairs.
They may be around children and sometimes perform their work without direct supervision.
The changes introduced on 1 September 2026 do not automatically mean this worker requires a Children’s Barred List check.
The supervision exemption that was removed relates to the relevant activities of teaching, training, instructing, caring for or supervising children.
Carrying out maintenance work at a school is not, by itself, one of those activities.
Does Everyone Who Works With Children Now Need A Barred List Check?
No.
This remains one of the most important distinctions for employers and organisations to understand.
The change removed the supervision exemption for particular activities. It did not make everyone who works in a location where children are present automatically eligible for a Children’s Barred List check.
The role must still satisfy the relevant legal requirements for regulated activity.
For example, the monthly art volunteer discussed above does not become regulated activity on this basis because the frequency requirement is not satisfied.
Organisations should therefore consider what the individual actually does, rather than automatically requesting a Children’s Barred List check whenever someone has contact with children.
Overall DBS eligibility should continue to be determined by the duties of the role and the relevant DBS eligibility rules.
Do Existing Volunteers Need A New DBS Check?
Potentially.
The changes do not apply only to people recruited from 1 September 2026 onwards. Organisations should also consider existing staff and volunteers whose roles may have been affected.
Organisations should identify relevant supervised roles, determine whether the activities take place frequently enough or satisfy the overnight condition, and establish whether the person’s existing DBS certificate included Children’s Barred List information.
Where necessary, organisations should then consider whether a new Enhanced DBS check including Children’s Barred List information is required, while also taking account of any relevant sector-specific guidance.
Did The Rules For Regulated Activity With Adults Change?
No.
The changes introduced on 1 September 2026 specifically concern the definition of regulated activity with children.
The definition of regulated activity with adults did not change as part of this change.
Getting The Correct Level Of DBS Check
Organisations must make sure they request the appropriate level of DBS check for each role.
A Children’s Barred List check cannot simply be added to every Enhanced DBS application involving work with children. It can only be requested where the position meets the relevant legal eligibility requirements.
Quicker DBS can help organisations process DBS applications online, including Enhanced DBS checks with Children’s Barred List checks where the role is eligible.
If you are uncertain about the appropriate level of DBS check for a position, the duties of the role should be assessed against the relevant DBS eligibility guidance before an application is submitted.
What Should Organisations Do Now?
If your organisation employs staff or uses volunteers who work with children and you have not yet reviewed potentially affected roles, you should consider doing so now.
In particular, consider:
- whether anyone teaches, trains, instructs, cares for or supervises children
- whether they were previously outside regulated activity because they were supervised
- how frequently they carry out the relevant activity
- whether they meet the overnight condition
- whether their existing Enhanced DBS certificate includes a Children’s Barred List check
- whether a new Enhanced DBS check including Children’s Barred List information may now be required.
The key is not to assume that every role involving children has changed. Assess the activities actually carried out and apply the relevant eligibility rules to each role.
Final Thoughts: DBS Regulated Activity Changes From 1 September 2026
The key change that came into effect on 1 September 2026 was the removal of the supervision exemption for certain activities involving children.
Where somebody teaches, trains, instructs, cares for or supervises children frequently enough, supervision no longer prevents that activity from being regulated activity.
Organisations should make sure they have reviewed existing supervised employees and volunteers who could be affected and determine whether their roles are now eligible for an Enhanced DBS check with a Children’s Barred List check.
However, the change does not mean that everyone who works unsupervised around children suddenly needs a Barred List check. The person’s activities and the frequency with which they carry them out remain important.
If your organisation needs to process DBS checks, Quicker DBS provides an online DBS checking service to help organisations manage applications quickly and efficiently.
FAQs About The DBS Changes From 1 September 2026
What changed to regulated activity with children on 1 September 2026?
On 1 September 2026, the supervision exemption for certain activities involving children was removed. Someone who teaches, trains, instructs, cares for or supervises children frequently enough may now be carrying out regulated activity even when they are supervised.
Does supervision still affect a Children’s Barred List check after 1 September 2026?
For the activities covered by the change, supervision no longer prevents the work from being regulated activity where all the other relevant requirements are satisfied.
How frequently must someone work with children for the rules to apply?
For the activities affected by the change, the frequency requirement is more than 3 days in any 30-day period, or once overnight between 2am and 6am.
Does every unsupervised employee in a school need a Children’s Barred List check?
No. Working unsupervised does not automatically make somebody eligible for a Children’s Barred List check. Their actual duties and the relevant eligibility requirements still need to be assessed.
Do school maintenance workers now need Children’s Barred List checks?
Not automatically. The change did not make someone eligible simply because they perform maintenance work at a school or work without supervision. The supervision change relates to the relevant activities of teaching, training, instructing, caring for or supervising children.
Should organisations review existing volunteers?
Potentially. Organisations should identify existing supervised roles that could be affected, consider the activities and frequency involved, and establish whether existing DBS certificates include Children’s Barred List information.
Did regulated activity with adults change on 1 September 2026?
No. This particular change concerns regulated activity with children. The definition of regulated activity with adults was not changed as part of these reforms.