July 31, 2026

From 1st September 2026, new guidance in the Crime and Policing Act 2026 states the supervision exemption will be removed from the definition of regulated activity with children. This means that certain unpaid activities, e.g. volunteering, including teaching, training, instructing, caring for or supervising children, may become regulated activity even where the individual is supervised.

To be considered regulated the activity must take place:

• On more than three days in any 30-day period, or
• Overnight (between 2am and 6am).

Where an individual is carrying out regulated activity and falls into the definition of a regulated activity, they will require an Enhanced DBS check with Children’s Barred list.

 

Children’s Barred List information

The GOV.UK guidance also confirms that activity across multiple settings counts towards the frequency threshold.

Key points:

• The changes may relate to regulated activity wherever it takes place, not only activity within schools.
• Generally, the organisation that engages an individual, e.g. volunteer to undertake an activity would be expected to ensure the appropriate checks are in place, unless alternative arrangements have been agreed.
• The change concerns eligibility for the highest level of DBS check (Enhanced DBS with Children’s Barred List information).
• Organisations can continue to obtain Basic DBS checks, where appropriate.

Are DBS checks free for volunteers?

• The guidance states that DBS checks for volunteers are free of charge.

Should volunteers join the DBS Update Service?

• The guidance encourages volunteers who obtain an Enhanced DBS check with Barred List information to consider joining the DBS Update Service. This is free for volunteers and can reduce the need for future applications.

Will existing volunteers need a new DBS certificate?

• This depends on the individual’s existing checks, the role they undertake and DBS eligibility. We recommend seeking advice directly from the DBS.

Cumbria CVS cannot provide legal advice or definitive interpretations of legislation, so for further information on eligibility decisions on specific volunteer roles, please read the relevant guidance below and contact DBS directly for advice on specific volunteer positions.

Further information is available here:

DBS outreach service

Also, on DBS website there is a helpline for queries in the “Contact us” section

Guidance – Regulated activity: removal of the supervision exemption