Changes to DBS September 2026

From 1 September 2026, the supervision exemption for regulated activity with children is removed. We’ve pulled together information to help guide your organisation through these changes.

The current rules state that paid workers or volunteers who carry out specific activities with children are exempt from being classed as undertaking ‘regulated activity’ when they are sufficiently supervised by someone else.

This means that, from the 1^st September 2026, some people will be in regulated activity when they were not before.

What is regulated activity?

Regulated activity is work that must not be done by a barred person.

It is against the law for:

A barred person to engage in regulated activity.
Someone to allow a barred person to do regulated activity.

The changes only impact regulated activity with children, people who currently work or volunteer with adults will not be affected by the changes.

Who does this affect?

The changes affect any organisation in England, Wales and Northern Ireland with people who teach, train, instruct, care for or supervise children.

It affects people who were not in regulated activity before because someone else provided them with sufficient supervision.

This includes, but is not limited to, the following examples:

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.

The changes will only apply to people who engage in regulated activity often enough, or at certain times.

The changes apply if a person works with children:

On more than 3 days in any 30-day period.

Once overnight, between 2am and 6am.

People who volunteer in multiple settings

Where someone volunteers in multiple settings, each instance of teaching, training, instructing, caring for or supervising a child counts towards the ‘on more than 3 days in a 30-day period’ condition.

For example, if someone volunteers for 4 days a month, even if each of the 4 days in that month is in a different school, then they are considered to be in regulated activity.

At the point of applying for an enhanced DBS check with barred list information, volunteers should also consider joining the DBS Update Service.

This is free for volunteers and means that:

Applicants can keep their check updated.
Employers can check their certificate without applying for a new check.

What does my organisation need to do now?

Organisations 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 (regulated activity occurs).
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.

If a person’s role changes, or the way they do the role changes, organisations should check DBS eligibility again.

Does this mean I have to carry out a DBS check?

The legislation does not create a new requirement for organisations to carry out DBS checks, nor does DBS mandate that checks must be obtained.

Employers and organisations remain responsible for assessing their roles and determining whether a DBS check is appropriate and what level of check is legally available.

Can people carry on working or volunteering while they wait for a DBS check?

The removal of the supervision exemption changes whether a role is considered regulated activity with children; it does not prescribe how organisations should manage individuals while recruitment or checking processes are completed.

People who are currently working or volunteering with children do not need to suspend their role solely because a DBS application is being processed.

Ultimately, the decision is up to your organisation and whether it is appropriate for a person to safely continue in their role, or whether any adjustments must be made to ensure the role continues to meet your safeguarding standards.

Do I have to pay for a DBS Check?

Charities must pay standard or enhanced application fees for paid staff, but the government fee is waived for eligible volunteers.

For example, the Standard and Enhanced DBS Checks application fee is £0 (completely waived) for eligible volunteers.

Charities usually still pay a small processing or administration fee (usually around £15-25) if they use an umbrella body or processing organisation to handle the check.

What is an umbrella body?

A DBS umbrella body is a registered organisation that submits criminal record checks on behalf of organisations or individuals who cannot apply directly to the government themselves.

Some groups do not process enough applications each year to register with the DBS on their own. An umbrella body acts as a middleman to help these groups.

Where can I find an umbrella body to submit DBS checks on my behalf?

Visit this website to find an umbrella body near you: https://www.gov.uk/find-dbs-umbrella-body

Where can I go for more support and information?

You can reach out to the DBS Regional Outreach team – for the West Midlands, you can contact Becky Haines at Rebecca.haines@dbs.gov.uk
You can also contact info@dudleycvs.org.uk to discuss the requirements for your organisation.
Keep an eye on Dudley CVS Eventbrite for upcoming DBS information events.