DBS: Change to regulated activity with children from September

10/08/2026

From 1 September 2026, the Disclosure and Barring Service (DBS) is making an important change to the legal definition of regulated activity with children. The key shift is simple but significant:

The supervision exemption is being removed.

This means some supervised staff and volunteers will now be classed as undertaking regulated activity, making them eligible for Enhanced DBS checks with Children’s Barred List information.

This change affects regulated activity with children only. There is no change to the definition of regulated activity with adults.

What’s changing?

Until now, a person who taught, trained, instructed, cared for or supervised children often enough was not in regulated activity if they were sufficiently supervised by someone who was in regulated activity.

From 1 September 2026, this rule disappears. If someone carries out these activities:

  • on more than 3 days in any 30‑day period, or
  • overnight (between 2am and 6am)

they will be in regulated activity, even if they are supervised.

This means organisations will be able to request an enhanced DBS checks in the child workforce, with Children’s Barred List information.

What organisations should do now

To prepare for 1 September 2026:

  • Review all roles involving children
  • Identify volunteers or staff who meet the frequency or overnight criteria
  • Update recruitment and safeguarding policies
  • Plan for additional DBS checks where needed
  • Communicate changes clearly to volunteers and parents
  • Ensure your organisation understands its legal duty to not permit barred individuals to engage in regulated activity.

Read full government update here:
https://www.gov.uk/government/news/change-to-the-definition-of-regulated-activity-with-children-from-1-september-2026

Read more about DBS on the E-Portal:
https://www.e-portal-essex.co.uk/safeguarding/dbs-checking

Compliance and training is also available through E-Portal partner Maldon and District CVS:
https://maldoncvs.org.uk/consultancy-training-and-services/dbs-checks/dbs-compliance-and-training