Change to definition of regulated activity with children from 1 September 2026 to see more people covered by regime

Under the new definition, some people will be in “regulated activity” with children when they were not before, because they were sufficiently supervised by someone else.

Regulated activity is work that a barred person must not do. It is against the law for a barred person to engage in regulated activity, or for someone to allow a barred person to do regulated activity.

The change will affect any organisation with paid staff or volunteers who teach, train, instruct, care for, or supervise children.

The Disclosure and Barring service said: “It affects people who were not in regulated activity with children specifically because someone else carrying out regulated activity with children supervised them to a sufficient level.

“This includes, but is not restricted to circumstances involving:

• people who volunteer in schools, such as reading helpers who are supervised by a teacher;
• people who coach children’s sports clubs, such as assistant coaches who are supervised by a head coach;
• people who work or volunteer with children in outdoor activity centres, youth groups, charities or community groups, and are supervised by someone else who is in regulated activity with children.”

From 1 September 2026, if a person teaches, trains, instructs, cares for or supervises children “often enough”, or overnight, they will be in regulated activity with children even if someone else supervises them.

This means an organisation will be able to ask for an Enhanced DBS check in the child workforce with a Children’s Barred List check.

The work is done often enough, or overnight, if it occurs:

• on more than 3 days in any 30-day period
• once overnight, between 2am and 6am

The Government has urged organisations to get ready before the change starts. It said they should:

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

More information can be found here.

Lottie Winson