The supervision exemption for regulated activity with children is being removed from 1 September 2026. Here’s what children’s activity providers need to know.

An important safeguarding change comes into effect on 1 September 2026 that may affect organisations working with children across England, Wales and Northern Ireland.

The change removes the current supervision exemption from the definition of regulated activity with children.

For some children’s activity providers, this could mean that people who have previously worked with children under the supervision of another suitably checked person will now fall within the definition of regulated activity.

This could include coaches, instructors, assistants and volunteers working in children’s sports, outdoor activities, youth organisations, community activities and other children’s settings.

What is changing?

At present, certain activities involving children can fall outside the definition of regulated activity where the person carrying them out is sufficiently supervised by someone who is themselves undertaking regulated activity with children.

From 1 September 2026, that supervision exemption will be removed.

This means that if someone teaches, trains, instructs, cares for or supervises children often enough, or undertakes the activity overnight, they may now be considered to be carrying out regulated activity even if another suitably checked person is supervising them.

For the purposes of this change, activity is considered to be carried out often enough if it takes place:

• On more than 3 days in any 30-day period, or

• Overnight, between 2am and 6am

This means that a role which previously fell outside regulated activity solely because it was supervised may now fall within the definition.

Who could be affected?

The change is not limited to schools or volunteers.

The DBS has specifically highlighted that it can affect organisations across a range of sectors, including sports clubs, charities, youth organisations, outdoor activity providers and cultural organisations.

Both paid staff and volunteers can be affected, depending on the nature and frequency of their work with children.

For children’s activity providers, this could be particularly relevant to roles such as:

• Assistant coaches

• Assistant instructors

• Sports coaches

• Activity instructors

• Outdoor activity staff

• Volunteers supporting children’s activities

• Youth workers

• Staff or volunteers who regularly supervise children

The key question is not simply whether someone is supervised.

From 1 September, supervision will no longer take a role out of the definition of regulated activity if the other criteria are met.

Does this mean everyone needs a new DBS check?

No.

This is an important point that the DBS has specifically clarified.

The removal of the supervision exemption does not create a new blanket requirement for organisations to carry out DBS checks, and the DBS does not mandate that every person affected by the change must automatically obtain a new check.

Instead, the change affects whether a particular role meets the definition of regulated activity with children.

Where a role previously fell outside regulated activity solely because the person was sufficiently supervised, and that role now meets the definition of regulated activity, the organisation may be able to obtain an Enhanced DBS check with Children’s Barred List information.

Organisations should assess each role individually and follow the relevant DBS and sector-specific guidance.

Why does this matter?

The purpose of the change is to strengthen safeguarding by ensuring that organisations can access the appropriate level of DBS information for people who have frequent or close contact with children.

Regulated activity is work that a person who is on the Children’s Barred List must not undertake.

It is also an offence for an organisation to knowingly allow someone who is barred from regulated activity with children to undertake that activity.

Removing the supervision exemption means that, in relevant circumstances, organisations will be able to check whether someone undertaking regulated activity with children is barred – something that was not possible for certain supervised roles under the previous arrangements.

What does this mean for children’s activity providers?

If you currently rely on supervision as part of your safeguarding arrangements, it is worth reviewing your roles before 1 September.

For example, consider an activity provider where a senior instructor is always present and supervises an assistant instructor who regularly works directly with children.

Previously, the assistant’s role may have fallen outside regulated activity because of the supervision exemption.

From 1 September, if the assistant is teaching, training, instructing or supervising children more than 3 days in a 30-day period, the role may now fall within regulated activity.

The organisation should therefore review the role and consider whether an Enhanced DBS check with Children’s Barred List information is appropriate and available.

The same principle could apply to a regular volunteer helping with a children’s sports club or activity session.

What should you do now?

We recommend that children’s activity providers take the opportunity to review their arrangements before 1 September.

1. Review roles involving direct work with children

Identify anyone who:

• Teaches children

• Trains children

• Instructs children

• Cares for children

• Supervises children

This should include both paid staff and volunteers.

2. Identify roles currently relying on supervision

Ask yourself:

Are there people currently working directly with children who have not been treated as undertaking regulated activity because another person supervises them?

These are the roles that are particularly important to review.

3. Check how frequently the activity takes place

Consider whether the role is carried out:

• On more than 3 days in any 30-day period, or

• Overnight between 2am and 6am

If so, the role may meet the frequency or overnight conditions for regulated activity.

4. Review your DBS arrangements

Check the DBS status and level of checking for people in roles that may now fall within regulated activity.

Where appropriate, consider whether an Enhanced DBS check with Children’s Barred List information is available and appropriate for the role.

Remember that not every role will require a new check simply because the law has changed.

5. Review your safeguarding procedures

Consider whether your recruitment, induction and safeguarding procedures accurately reflect the new definition of regulated activity.

If a person’s role changes, or the way they carry out the role changes, their DBS eligibility may need to be reviewed again.

What about occasional volunteers?

Not every person who occasionally helps with children will be affected.

The new rules include frequency conditions, meaning that someone who helps on an occasional basis may not meet the definition of regulated activity simply because they are working with children.

For example, the DfE guidance explains that occasional parents or carers helping at a one-off event or non-overnight school trip are not brought into regulated activity simply because the supervision exemption is being removed.

However, providers should assess each role based on the actual circumstances, including the nature and frequency of the activity.

What about overnight activities?

Overnight provision needs particular attention.

The relevant period condition includes activity taking place between 2am and 6am.

The DfE guidance states that volunteers who help on overnight school trips will now be in regulated activity and will need an Enhanced DBS check with Children’s Barred List information.

For children’s activity providers running residentials, camps or other overnight provision, this is therefore an area that should be reviewed carefully.

The key message for children’s activity providers

The removal of the supervision exemption is an important safeguarding change.

But it is important to understand exactly what is changing.

It does not mean that everyone working with children automatically needs a new DBS check.

Instead, it changes the definition of regulated activity with children.

For some roles that were previously outside regulated activity because they were supervised, the role may now fall within regulated activity because of the nature and frequency of the work.

For children’s activity providers, now is a good time to review your roles, particularly where assistants or volunteers regularly work directly with children under the supervision of another member of staff.

The question to ask is not simply “Are they supervised?”

From 1 September, the more important question is:

“Does this role meet the definition of regulated activity with children?”

Taking the time to review this now will help ensure that your recruitment, DBS checking and safeguarding arrangements are appropriate for the new requirements.

Further information

The Disclosure and Barring Service has published detailed information about the changes, including examples of how the new rules may apply to different roles.

Read the DBS: Change to the definition of regulated activity with children from 1 September 2026

The DBS has also published a useful clarification addressing common misconceptions about the September 2026 supervision exemption changes.

Read the DBS: Common misconceptions about the September 2026 supervision exemption changes

Providers should also refer to the relevant sector-specific guidance when assessing their own roles and DBS requirements.

This article is intended as a general information update for ICAP members and does not constitute legal advice. Providers should assess their own roles and circumstances and seek appropriate professional advice where necessary.