Unpacking the September 2026 Supervision Exemption Changes: Essential Insights on Regulated Activities with Children

From 1st September 2026, the definition of regulated activity involving children will undergo significant changes. This article aims to clarify some prevalent misconceptions regarding the implications of this legislative update.

Understanding the Scope of the Changes

One common misunderstanding is that the removal of the supervision exemption applies only to England. In fact, this legislative change is relevant across England, Wales, and Northern Ireland. It is crucial for organisations operating in these regions to be aware of the broader implications of this update.

Another misconception is that the supervision exemption pertains to both adult and child regulated activities. This is not the case; the removal of the supervision exemption solely impacts the definition of regulated activity concerning children. The supervision exemption does not apply to regulated activities involving adults, meaning there will be no corresponding changes for adult-related activities.

Clarifying the Context of the Exemption Removal

There is also a belief that the removal of the supervision exemption is restricted to educational settings and volunteer roles. This assertion is incorrect. The change applies universally wherever the criteria for regulated activity with children are met. This includes various sectors, such as sports clubs, charities, youth organisations, outdoor activity providers, and cultural organisations, in addition to schools and colleges. Both paid staff and volunteers may find themselves affected, depending on the nature and frequency of their interactions with children.

Another point of confusion is the belief that this legislative change mandates new DBS checks for organisations. In reality, the legislation does not introduce a requirement for organisations to conduct DBS checks, nor does it compel them to obtain such checks. It remains the responsibility of employers and organisations to assess their specific roles and determine the appropriateness of a DBS check, alongside the legally available level of check.

Reviewing DBS Arrangements for Safeguarding

Some organisations might think they do not need to revisit their DBS re-checking protocols. However, the removal of the supervision exemption presents an opportune moment for organisations to evaluate their safeguarding checks for both workforce and volunteers. It would be prudent for organisations to consider prioritising or accelerating DBS checks for individuals whose existing certificates lack a Children’s Barred List check.

Furthermore, it is a common misunderstanding that organisations cannot apply for an Enhanced DBS check with a Children’s Barred List in advance of the 1st September changes. In fact, as long as the other elements of regulated activity are satisfied, organisations can proceed with such applications ahead of the legislative shift.

Managing Employees During the Transition

There is also a belief that organisations must suspend or alter the duties of individuals who have not undergone an Enhanced DBS check with a Children’s Barred List. This is not mandated by the new legislation. The change in the definition of regulated activity does not dictate how organisations should manage individuals during the recruitment or checking processes. Decisions regarding whether an individual can continue performing their duties while awaiting a DBS check are at the discretion of the employer, who must consider their safeguarding responsibilities, risk assessment processes, and any sector-specific requirements. Employers have the flexibility to implement appropriate safeguards while waiting for a DBS check outcome.

Accessing the Children’s Barred List Check

There is some confusion surrounding the availability of standalone Children’s Barred List checks. This is contingent upon specific circumstances. For example, schools and educational providers may have access to a standalone Children’s Barred List check through the Department for Education’s checking service, but this is limited to designated organisations and situations as outlined in the DfE guidance. Other organisations should pursue the appropriate Enhanced DBS check with a Children’s Barred List where eligibility exists.

Lastly, it is a misconception that there is no support available regarding the removal of the supervision exemption. The DBS Regional Outreach team is available to assist organisations in navigating these changes. For any uncertainties on how the removal of the supervision exemption may influence their workforce, organisations can participate in a DBS Disclosure and Eligibility Workshop. Contact details for the Regional Outreach team, including direct emails for regional advisers, are accessible on the DBS Regional Outreach service page.

Conclusion: Navigating the Changes

In summary, while the removal of the supervision exemption alters the definition of regulated activity with children, it does not automatically render every role involving children as regulated activity. It is essential for organisations to continue evaluating the nature and frequency of activities, alongside other relevant criteria outlined in the DBS eligibility guidance. For roles previously deemed outside the regulated activity criteria solely due to supervision, this legislative change will necessitate a shift from an Enhanced DBS check to an Enhanced DBS check with a Children’s Barred List.