Important changes to the definition of regulated activity with children, will come into effect on 1st September 2026 following amendments introduced by the Crime and Policing Act 2026.
What is changing?
Previously, certain activities involving children, such as teaching, training, instructing, caring for, or supervising, were not considered regulated activity where the individual was supervised by someone already engaged in regulated activity.
From 1st September 2026, this will no longer apply.
As a result, these activities will be classified as regulated activity with children with or without supervision when they are carried out frequently or overnight, in accordance with the below:
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- On more than three days within any 30-day period, or
- Overnight, where the activity takes place between 2:00am and 6:00am and there is an opportunity for face-to-face contact with children.
Please note, this change only impacts regulated activity with children. No change is being made to the definition of regulated activity with adults.
What does this mean for staff and volunteers?
Any paid staff or volunteer who teaches, trains, instructs, cares for, or supervises children and meets the criteria above will be undertaking regulated activity.
The change will affect individuals who were previously outside the scope of regulated activity solely because they were supervised by another person engaged in regulated activity with children.
These individuals will therefore require an Enhanced DBS check with Children’s Barred List information before carrying out the role.
Examples include, but are not limited to:
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- School volunteers, such as reading helpers supervised by a teacher.
- Children’s sports club volunteers, such as assistant coaches supervised by a head coach.
- Staff and volunteers working with children in outdoor activity centres, youth groups, charities, or community organisations who are supervised by another individual undertaking regulated activity with children.
Why is this important?
DBS checks play a vital role in protecting children by helping organisations confirm that individuals who work with children are legally permitted to do so.
Organisations have a legal responsibility to ensure that individuals undertaking regulated activity are not barred from working with children. Failure to carry out the appropriate checks may result in non-compliance with safeguarding requirements.
We encourage you to review your paid staff or volunteers who may be affected by these changes to ensure the appropriate checks are in place from 1st September 2026.