From 1 September 2026, changes introduced through the Crime and Policing Act 2026 remove the long-standing supervision exemption from the definition of "regulated activity" — and it's volunteers, not staff, who feel the impact first.
Under the old rules, unpaid activity such as teaching, training, instructing, or caring for or supervising children didn't count as regulated activity if it was supervised by someone who was themselves in regulated activity — a class teacher overseeing a parent helper, for example. That supervision was enough to keep the volunteer outside the regulated activity definition, and outside the enhanced DBS requirement that comes with it.
The supervision exemption goes. From that date, a volunteer teaching, training or supervising children more than three days in any 30-day period, or overnight, is in regulated activity regardless of whether a staff member is supervising them. That means an enhanced DBS check with children's barred list information becomes a requirement, not an option.
This applies across every setting working with children — schools, nurseries, pre-schools and childminding arrangements alike.
Staff who are already DBS-checked at the enhanced level won't notice much difference. The people this catches are:
This sits close to premises management as much as it does safeguarding policy — visitor and volunteer access, sign-in procedures and site supervision all need to reflect the new position. If you'd like a second pair of eyes on how your site access and induction processes line up with the September 2026 changes, get in touch for a free 30-minute consultation.
This article is general guidance, not legal advice. For a definitive view on your obligations, consult the Department for Education's Keeping Children Safe in Education guidance or the official government factsheet on the Crime and Policing Act 2026.