DBS Update - 1st September 2026
From 1st September 2026, the Crime and Policing Act 2026 has removed the supervision exemption from the definition of regulated activity. Previously, a volunteer supervised by a member of staff in regulated activity fell outside that definition, regardless of how often they were present. From 1st September, that exemption no longer applies.
This matters because the barred list is not a criminal record. A person can be barred following an employer referral or a court referral, without ever being convicted. An acquittal does not prevent a barring decision either. A volunteer with a completely clean enhanced DBS check could still be on the barred list, and until now, there was no legal entitlement to find out.
Further information about this change is available on the GOV.UK website: Change to the definition of regulated activity with children from 1 September 2026.
What does this mean?
From 1 September 2026, supervision will no longer be one of the eligibility criteria to determine whether a role is regulated activity. Instead, eligibility will depend on the other established criteria - nature and frequency of the work being undertaken.
This means individuals who teach, train, instruct, care for, or supervise children may now be undertaking regulated activity, even if they are supervised by someone else.
The activity meets the legal frequency test if it takes place:
• On more than three days in any 30-day period; or
• Overnight between 2.00am and 6.00am, even on a single occasion.
Roles that may be affected
Examples may include those involved in:
• Children's groups and clubs
• Youth groups
• Sunday school or children's ministry
• Holiday clubs
• Children's choirs
• Teaching, training, caring for or supervising children
• Overnight activities involving children
Not everyone working with children will be affected. Eligibility will continue to depend on the specific role and whether it meets the legal criteria.
Points to help decision making when roles involve working with children:
1. If parents/carers are always present – not eligible for an enhanced DBS
2. If legal frequency test met (see above) – eligible for an enhanced with child barring
3. If legal frequency not met – eligible for an enhanced only
Important clarification from DBS
The DBS has confirmed that organisations do not need to remove individuals from their role simply because a DBS application is being processed.
PCCs can decide what safeguards are appropriate while awaiting the outcome of a DBS check, taking account of their safeguarding responsibilities and local risk assessments.
What should parishes do?
We recommend that parishes:
- Identify roles which involve working with children (teaching, training, instructing, caring for, or supervising children)
- Review roles currently considered outside regulated activity solely because they are supervised.
- Check whether the role meets the frequency or overnight criteria.
- Review existing DBS checks to see whether Children's Barred List information was included.
- Identify anyone who may now require a Children's Barred List check.
- Arrange the appropriate DBS check where required.
- Update safer recruitment processes to reflect the changes.
- Inform PCC that these actions have been completed
Please note that a new DBS check will not necessarily be required in every case. The appropriate level of check will depend on the specific role and eligibility under the revised legislation.
Frequently asked quations
Does this affect toddler groups or Messy Church where parents or carers remain present throughout?
No. These activities are not affected by these changes.
Our parish is in vacancy, or we do not have a PSO and need support
Please contact Karen.Wright@Coventry.Anglican.org
Diocesan and Thirty-one Eight guidance does not reflect this change in DBS eligibility criteria
We have recently been informed of these changes and are seeking further information. All relevant changes will be made over September to ensure we are fully compliant with the change.
Thank you
We do not expect this change to have a significant impact on most parishes, as many children's and youth workers are already undertaking regulated activity and have the appropriate DBS checks in place.
At the same time, we recognise this will create additional work and in advance give thanks for you working with us to address these changes.
We will provide further updates as additional guidance becomes available.
