Regulated activity with children: common misconceptions about the Sept 2026 Supervision Exemption changes
Common misconceptions about the removal of the supervision exemption for regulated activity with children, effective 1 September 2026.
From 01 September 2026, the definition of regulated activity with children is changing. Full details of the changes can be found in this GOV.UK article: Change to the definition of regulated activity with children from 1 September 2026.
In this article, DBS will address some of the common misconceptions about what this change means in practice.
“The removal of the supervision exemption only applies to England”
This is incorrect.
The change applies in England, Wales, and Northern Ireland.
“The supervision exemption applies to adults and children”
This is incorrect.
The removal of the supervision exemption only affects the definition of regulated activity with children. The concept of a supervision exemption does not apply to regulated activity with adults, so there is no corresponding change to the definition of regulated activity with adults.
“Removal of the supervision exemption is only applicable to education settings and volunteers”
This is incorrect.
The removal of the supervision exemption is not limited to education settings, and it is not just about volunteers. The change applies wherever the relevant regulated activity with children criteria are met, including roles in sectors such as sports clubs, charities, youth organisations, outdoor activity providers and cultural organisations, as well as schools and colleges. Both paid staff and volunteers may be affected depending on the nature and frequency of their work with children.
“This legislative change means that I must now carry out a DBS check”
This is incorrect.
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.
“As an organisation I don’t need to review our DBS re-checking arrangements”
This is incorrect.
The removal of the supervision exemption provides a timely opportunity for organisations to review their workforce and volunteer safeguarding checks.
Organisations may wish to prioritise or accelerate DBS checking for those whose existing certificates do not contain a Children’s Barred List check.
“We can’t carry out an Enhanced with Children’s Barred List DBS check in advance of the 01 September change”
This is incorrect.
As long as the other elements of regulated activity are met, then organisations can apply for an Enhanced with Children’s Barred List DBS check in advance of the 01 September 2026 change.
“Legally, we have to suspend (or change the duties of) individuals who haven’t been subject to an Enhanced with Children’s Barred List DBS check”
This is incorrect.
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.
The legislation does not require an organisation to remove an individual from their role solely because a DBS check application is being processed.
Decisions about whether an individual can continue undertaking their duties pending the outcome of a DBS check are a matter for the employer or organisation, taking account of their safeguarding responsibilities, risk assessment processes, and any sector-specific requirements. Employers and organisations can choose to put whatever safeguards in place they decide are appropriate while awaiting a DBS check. The key change is that supervision of paid staff and volunteers no longer determines whether the role itself is regulated activity with children.
“It is not possible to get a standalone Children’s Barred List check”
This depends on the situation.
Schools and other education providers may also be able to access a standalone Children’s Barred List check through the Department for Education’s (DfE’s) checking service in the limited circumstances described in DfE guidance.
Check the children’s barred list - GOV.UK
This route is limited to the organisations and circumstances set out in DfE guidance and is not available to all employers. Organisations outside these sectors cannot obtain a standalone Children’s Barred List check from DBS and should instead seek the appropriate Enhanced with Children’s Barred List DBS check where eligibility exists.
“There is no support out there on removal of the supervision exemption”
This is incorrect.
The DBS Regional Outreach team are here to help.
Organisations that are unsure how the removal of the supervision exemption may affect their workforce can attend a DBS Disclosure and Eligibility Workshop.
Contact details for the Regional Outreach team, including direct email addresses for the adviser from your region, can be found on the DBS Regional Outreach service GOV.UK page.
Key takeaway
The removal of the supervision exemption does not mean every role involving working with children becomes regulated activity with children. Organisations should continue to consider the nature of the activity, how often it is carried out, and any other relevant criteria set out in DBS eligibility guidance.
Where a role was previously identified by the employer or organisation as outside of the regulated activity with children criteria solely because of supervision, this legislative change means that eligibility moves from an Enhanced DBS check to an Enhanced with Children’s Barred List DBS check.