The UK Government has recently announced changes to their regulated activity guidance, removing the supervision exemption. This change will take effect on 1 September 2026.
We’re here to get you updated on what this means for you – especially if you work or volunteer directly with children.
Key takeaways:
- The definition of regulated activity has been changed by removing the supervision exemption – whereby unpaid activities (e.g. teaching, training, or caring for children) weren’t classed as regulated activity if supervised by a regulated adult (e.g. class teacher)
- Changes come into force on 1 September 2026
- Changes were enacted by the Crime and Policing Act 2026
- All volunteers engaging in regulated activity will need an Enhanced DBS check with a Children’s Barred List check
New guidance for educational and childcare settings
Under recent changes to the Crime and Policing Act 2026, volunteers directly working with children either overnight between the hours of 2am and 6am, or three or more times within a 30-day period will also require Enhanced DBS checks, even if they are in the presence of a ‘supervisor’ – i.e. someone who has already been issued an Enhanced DBS check with a Children’s Barred List check.
The removal of the “supervision exemption” comes into force on 1 September 2026, meaning any schools, colleges, or childcare settings who work with volunteers will need to verify these volunteers before they can be allowed to work around children.
Remember: it is a criminal offence to allow someone on the Barred Lists to engage in regulated activity. It is also an offence for an individual on the Barred Lists to seek work in a regulated activity – the burden of responsibility is there for both employer and volunteer.
What activities will this impact?
- Overnight stays: Even if a parent is accompanying a field trip, they will need to complete an Enhanced DBS check for the safeguarding of the other children if they are staying overnight. This requirement is not needed for day-trips.
- Classroom work: One-on-one volunteers such as reading helpers, there to support children in the classroom, will need an Enhanced DBS check if they are working more than three days in a 30-day period, even if the teacher is in the room.
- Youth or activity groups: Any volunteers involved in teaching, training, instructing, mentoring, supervising, or otherwise carrying out regulated activities in youth or activity group settings, e.g. camps, activity centres, music groups, or charity events, will require additional checks.
Completing the checking process
For the most part, especially for Academies with pupils from the age range of 16 – 19, the only way to stay compliant is through an Enhanced DBS check with a Children’s Barred list check.
You can complete your Enhanced DBS checks right here at uCheck quickly and securely, by following these steps:
- Log into uCheck and select the check you wish to complete (Enhanced DBS)
- Either send the check to the necessary individual or fill it out on their behalf, provided you have all the required information
- Sign the declaration stating that all the information provided is correct and hit submit
- Wait for your results as the check processes through the five DBS tracking stages – you’ll receive your results in an email
However, for individuals working in regulated activity before their Enhanced DBS is issued, schools and colleges can issue a solo check of the Children’s Barred List. Currently, uCheck cannot offer this service – employers would need to use the Department for Education Sign-in Service to perform a quick check. The following organisations can request this search:
- Schools
- Colleges
- Local authorities
- Higher education institutions
- Single and multi-academy trusts
What to do to prepare
To prepare for September, it’s important for organisation to:
- Identify all staff and volunteer roles where individuals are currently supervised while performing a regulated activity with children
- Check or issue Enhanced DBS checks for all individuals where needed
- Update your policies and recruitment/volunteering steps to maintain compliance moving forward
- Immediately inform any volunteers who appear on the Children’s Barred List that they will not be able to continue working in regulated activity
Additional information and FAQs
The Government has also addressed any potential caveats or issues, such as:
What happens if a person volunteers in multiple settings?
If they volunteer for more than three days in a 30-day period, even across multiple settings, they must have an Enhanced DBS check. This is still considered to be working in regulated activity.
Regulated activity must be viewed from the individual’s perspective, not the establishment’s. Establishment A may allow a volunteer to work with them in regulated activity for two days during the week. Establishment B then allows the same volunteer to work with them in regulated activity for a different two days during that same week. This means that the volunteer has worked a total of four days in regulated activity, which makes them eligible for an Enhanced DBS check.
Does this mean supervision is no longer needed?
No, many individuals will still require supervision when working around children – for example due to the nature or complexity of the role.
What if the volunteer is only there for an hour each day?
Regulated activity is measured in days, not hours. So long as the volunteer is present around children for more than three days in a thirty day period, or overnight (between 2am – 6am), then they are working in regulated activity – even if their volunteering period only lasts an hour.
Help and guidance from uCheck
To stay ahead of any new regulations and keep those in your care safe, stick with uCheck – the UK’s largest DBS umbrella body. We help process one in five of all DBS checks, granting over 80,000 organisations across the country peace of mind in their hiring decisions.
To find out more, get in touch with our expert support team on 0330 113 33 33.
