Safer recruitment rules change today: What organisations working with children need to know

A significant change to safer recruitment requirements comes into force today, 1 September 2026, affecting organisations that work with children.

The change removes what was previously known as the “supervision exemption” from the legal definition of regulated activity with children.

In practical terms, some volunteers who were previously not considered to be undertaking regulated activity because they were supervised may now be undertaking regulated activity – and may therefore require an Enhanced DBS check with Children’s Barred List information.

The change is relevant across the children’s workforce, including schools and colleges, early years and childcare providers, charities, faith organisations, sports and activity providers, community organisations and other services involving work with children.

What has changed?

Until 31 August 2026, someone undertaking certain activities with children could, in some circumstances, fall outside regulated activity where they were sufficiently supervised by another person who was themselves undertaking regulated activity.

That exemption has now been removed.

From 1 September 2026, a person who teaches, trains, instructs, cares for or supervises children can be undertaking regulated activity where the activity meets the relevant frequency threshold, even where they are supervised by another person.

For these activities, the frequency threshold is met where they take place:

• on more than three days in any 30-day period; or

• overnight between 2am and 6am, where the relevant conditions are met.

The change is particularly important for organisations using regular volunteers.

For example, an organisation may have previously concluded that a volunteer regularly working directly with children was not undertaking regulated activity because they were supervised by another member of staff. Supervision can no longer be relied upon to take that person outside regulated activity where the other conditions are met.

What does this mean for DBS checks?

Where a role now constitutes regulated activity with children, the organisation must ensure that the individual is not barred from undertaking that work.

This will generally mean obtaining an Enhanced DBS check which includes Children’s Barred List information where the organisation is entitled to request one.

This is important because a person who is barred from working with children commits an offence if they undertake regulated activity from which they are barred. Organisations also have legal responsibilities in relation to permitting barred individuals to undertake regulated activity.

The change does not mean that everyone who volunteers or has contact with children automatically requires a barred list check.

Organisations must still consider the activities being undertaken and how frequently they take place. An occasional volunteer, for example, may not meet the statutory frequency threshold.

It is important that organisations do not simply adopt blanket DBS checking arrangements: barred list information can only be requested where there is a legal entitlement to obtain it.

What should organisations do now?

Organisations working with children should review their current safer recruitment and volunteer arrangements, particularly where they have previously relied upon supervision when determining whether a role amounted to regulated activity.

They should identify anyone who:

• teaches, trains, instructs, cares for or supervises children;

• was previously regarded as outside regulated activity because they were supervised; and

• now meets the relevant frequency or overnight threshold.

Where a role is now regulated activity, organisations should establish whether the appropriate checks have already been undertaken and arrange any additional checks that are legally required.

Safer recruitment policies, volunteer procedures, risk assessments and recruitment records should also be reviewed to ensure that they reflect the new requirements.

Why has this changed?

The removal of the supervision exemption is intended to strengthen safeguarding arrangements by ensuring that people who regularly undertake specified activities with children are subject to the barred list arrangements, regardless of whether another adult supervises their work.

The change is reflected in updated safeguarding and safer recruitment guidance taking effect from September 2026, including Keeping Children Safe in Education 2026 for schools and colleges.

However, this should not be regarded simply as a KCSIE change. The underlying change is to the legal framework governing regulated activity with children and is therefore relevant to organisations beyond education.

What does this mean for ISS members?

ISS supports organisations across a wide range of sectors working with children, and members should consider whether the change affects any of their existing staff or volunteer arrangements.

In particular, organisations which use regular supervised volunteers should review those roles rather than assuming that their previous DBS arrangements remain sufficient.

ISS has updated relevant policy and safer recruitment resources to reflect the new requirements, and the change will be incorporated into our safeguarding and safer recruitment training.

ISS members do not need to interpret these changes alone. We will continue to translate statutory and legislative developments into practical guidance, policies and training so that members understand what has changed and what they need to do.

Further information

The Government has published updated guidance explaining the removal of the supervision exemption and the revised regulated activity arrangements applying from 1 September 2026.

The Disclosure and Barring Service has also published information explaining the change and its implications for organisations working with children.