New DBS Rules From September 2026: What Do They Mean for You?

From 1 September 2026, changes to the definition of regulated activity with children will come into force in England and Wales.

The changes could affect a wide range of people who work or volunteer with children, including sports coaches, school volunteers, youth workers and activity instructors.

What is changing?

The main change is the removal of the supervision exemption.

Currently, certain people who teach, train, instruct, care for or supervise children may not be considered to be carrying out regulated activity if they are appropriately supervised by someone who is themselves undertaking regulated activity.

From 1 September 2026, this exemption will be removed.

This means that being supervised will no longer necessarily take someone outside the definition of regulated activity.

How could this affect individuals?

The change could mean that someone who has previously been able to work with children under supervision may now fall within the definition of regulated activity.

For example, an assistant sports coach who regularly helps train children under the supervision of a qualified coach may previously have fallen outside the definition. Under the new rules, they could potentially be considered to be undertaking regulated activity themselves.

The same could apply to volunteers who regularly help in schools, youth groups, charities or children's activity centres.

Where an individual falls within regulated activity, the organisation may be able to obtain an Enhanced DBS check with Children's Barred List information, subject to the relevant eligibility requirements.

Does everyone working with children need a new DBS check? The answer is no. The changes do not mean that everyone who comes into contact with children will automatically require a new DBS check.

Whether the new rules apply will depend on the nature and frequency of the individual's role.

The relevant activity generally needs to take place more than three days in any 30-day period or overnight for the new provisions to apply.

What does this mean for volunteers?

The changes are particularly relevant to volunteers who may previously have relied on supervision arrangements.

A person may volunteer only occasionally and never fall within regulated activity. However, someone volunteering regularly could find that their role is treated differently from September onwards.

This does not mean that volunteering with children will become prohibited without a DBS check. Rather, the individual's particular activities and circumstances will determine whether the regulated activity rules apply.

Why is this important?

For individuals, the changes could affect whether a DBS check is required before they can continue undertaking certain activities with children.

It is therefore important for anyone who regularly teaches, coaches, supervises or cares for children to understand whether their role will be affected.

The changes are intended to strengthen safeguarding arrangements while providing greater clarity about who falls within the regulated activity framework.

With the new rules coming into force on 1 September 2026, they are likely to be particularly relevant to anyone whose role involves regular contact with children. If you are unsure whether the changes affect your particular role, you should seek appropriate legal advice.