Regulated activity: Removal of the supervision exemption (comes into force 1 September 2026)

This guidance for schools and colleges relates to changes to regulated activity that will come into force on 1 September 2026. This is due to changes made by the Crime and Policing Act 2026.

The act changes the definition of regulated activity by removing the supervision exemption. Under that exemption, unpaid activities such as teaching, training, instructing, or caring for or supervising children were not classed as regulated activity if supervised by someone who was in regulated activity (for example, a class teacher).

This means that all such activity is now considered to be regulated activity if it is carried out frequently, or if it meets the period condition. The period condition means:

• On more than 3 days in a 30-day period
• Overnight

All volunteers engaging in regulated activity will need to have an enhanced Disclosure and Barring Service (DBS) check with children's barred list information.

This change will come into force on 1 September 2026.

Implications for schools and colleges

• Change for volunteers who meet the thresholds:
  • Volunteers previously classed as 'supervised' will now fall into regulated activity
  • These individuals must now have an enhanced DBS check with children's barred list
• No change for paid staff - all remain in regulated activity
• No change for volunteers who don't meet the frequency or overnight thresholds

Schools and colleges should check that a person is not barred from working with children by carrying out an enhanced DBS check with children's barred list information.

Schools and colleges are also able to obtain a standalone children's barred list check through the Department for Education (DfE) check a teacher's record service. They should only use this if one of the following apply:

• The person will begin engaging in regulated activity before they get the DBS certificate
• The school has recently obtained an enhanced DBS check without children's barred list information and there has been no break in service

Actions

Read the guidance carefully.

Confirm which checks have already been undertaken on each volunteer and decide whether they will meet the new thresholds from 1 September 2026.

As settings cannot request the barred list check before 1 September itself, use the time now to identify who will need one and have the paperwork ready, so applications can go in the moment the entitlement exists.