DFE: New rules on volunteer DBS requirements

New guidance for schools, colleges and childcare settings to understand what you need to do to comply with the change to regulated activity

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Some supervised volunteers working in early years or educational settings will now require an enhanced Disclosure and Barring Service (DBS) check with children’s barred list information under new guidance due to come into effect on 1 September 2026.

Due to changes made by the Crime and Policing Act 2026, the definition of regulated activity (i.e. activity that a barred person cannot do) has changed. 

Previously, unpaid activities such as caring for or supervising children were not classed as regulated activity if they were supervised by someone who was in regulated activity e.g. a paid member of staff. However, from 1 September 2026, this 'supervision exemption' will be removed, and all such activity will be classed as 'regulated activity' if it is carried out frequently or:

  • on more than three days in a 30-day period (this could be across multiple settings)
  • overnight between 2am and 6am

What does this mean in practice?

This means that some volunteers who may not previously have been in regulated activity because they were supervised by a member of staff will need to have an enhanced DBS check with children’s barred list information from 1 September.

The government has stated that "any barred person who is volunteering in a supervised role affected by this change, would need to inform their school, college or childcare setting and immediately cease volunteering in regulated activity".

Regulated activity: removal of the supervision exemption (comes into force 1 September 2026)

To read the complete guidance, click on the following link: Regulated activity: removal of the supervision exemption