News
20 Aug 2026

Changes to regulated activity and DBS requirements from 1 September 2026

From 1 September 2026, provisions in the Crime and Policing Act 2026 will remove the supervision exemption from the definition of regulated activity with children.

Currently, some volunteers who teach, train, instruct, care for or supervise children are not considered to be undertaking regulated activity if they are sufficiently supervised by somebody who is themselves in regulated activity. This means currently, organisations can only request an Enhanced DBS check for these individuals (without Children’s Barred List checks).

From 1 September 2026, this exemption will no longer apply. Volunteers carrying out qualifying activities with children may be in regulated activity regardless of whether they are supervised, and therefore, will be eligible for Enhanced DBS checks with Children’s Barred List checks. 

This change will increase children’s safety. Those who are on DBS’s Children’s Barred List will be committing an offence if they undertake a role or activities, supervised or unsupervised, which bring them into regulated activity with children. It is also an offence for an organisation knowingly to permit them to do so (or where the organisation has reason to believe that the person is barred).

We recognise that many charities rely heavily on volunteers to deliver services, activities and support for children and young people. We therefore encourage organisations to identify volunteers whose activities now fall within the regulated activity definition and ensure they have the appropriate DBS checks before undertaking those duties. These checks can be requested on or after 1st September 2026. 

What is regulated activity?

A person may be undertaking regulated activity with children if they:

  • teach, train, instruct, care for or supervise children frequently;
  • provide advice or guidance relating to a child's physical, emotional or educational wellbeing frequently; 
  • undertake certain healthcare, personal care or intimate care activities; or 
  • take part in certain overnight activities involving face to face contact with children.

The frequency test is met where a person carries out activity on more than three days in a 30-day period, or overnight between 2am and 6am where they have face to face contact with children. Regular contact with children does not automatically mean a role is regulated activity. The critical consideration is the actual activities undertaken with children. 

Organisations should also note that where an individual undertaking regulated activity is removed from such activity (or would have been removed had they not left) because they harmed a child or posed a risk of harm to a child, the organisation may have a legal duty to make a referral to the DBS.

This could affect volunteers involved in youth clubs; sports coaching; mentoring schemes; children's play and activity programmes; and other organised activities delivered directly to children. This change is not intended to affect occasional visitors, guest speakers or others who do not meet the frequency threshold for regulated activity. 

We recommend that charities:

  1. identify roles where people teach, train, instruct, care for, or supervise children and are currently supervised by someone else in regulated activity
  2. check if the activity is done often enough or overnight
  3. check if the person’s current DBS certificate included a Children’s Barred List check
  4. decide if a new Enhanced DBS check with Children’s Barred List information is needed from 1st September
  5. update recruitment, volunteering and safeguarding steps so they include the change from 1 September 2026

Where eligibility is unclear, organisations should seek advice from DBS before applying. Requesting a level of DBS check for which a role is not eligible can be unlawful.

Further guidance - Please refer to the following guidance for more information:

Related topics

Working with Children
Return to listing