Safeguarding and DBS checks: update to the legal definition of ‘regulated activity’ when working with children

Article date
18 August 2026
Primary interest
Voluntary sector

From 1 September 2026 the law will change with reference to the definition of ‘regulated activity’ when working/volunteering with children.

The current definition is that certain activity is not regulated activity if it is appropriately supervised by someone else who has a full DBS check in place. This will change from 1 September 2026 so that this ‘supervision’ requirement is removed. All activity in the list below will be regulated activity when working/volunteering with children regardless of whether supervised or not.

In practice, this will probably mean that many volunteer roles will now need an increased level of DBS check if they relate to these activities.

What to do:

Check your volunteer roles and apply for DBS enhanced with barring list checks for any staff or volunteers who are engaging in the activities or roles listed below. It will be an offence to allow them to volunteer in these roles even if supervised.

Roles/activities that will be ‘regulated activity’ from 1 September:

  • teaching, training, instructing children
  • caring for or supervising children
  • certain settings such as schools etc

Subject to the minimum frequency requirements as before (see full guidance linked below).

Resources and guidance: