An important DBS change for organisations working with children

A significant change to the definition of regulated activity with children came into effect on 1 September 2026, with implications for some organisations working with children in England, Wales and Northern Ireland.

The change concerns the supervision exemption. Previously, some people carrying out particular activities with children were not considered to be in regulated activity if they were sufficiently supervised. However, from September 2026, supervision no longer prevents those activities from being treated as regulated activity where the other relevant criteria are met.

That may sound like a technical change, but it is an important one for organisations to understand.

Why this matters beyond schools

Discussions about DBS checks can sometimes focus heavily on schools, colleges and more traditional childcare settings. In practice, the change may also be relevant to charities, youth organisations, arts and cultural organisations, museums and heritage settings, sports clubs, community organisations and other environments where people work with children.

That is particularly important in the creative and cultural sectors, where work with children can take many different forms.

A role might involve an artist leading regular workshops, a freelancer supporting a youth programme, a museum volunteer helping with children’s activities, or a member of staff supervising a group during a creative project.

Job titles alone do not necessarily tell us very much about the safeguarding responsibilities involved. What matters is what somebody actually does, how often they do it and the circumstances in which that activity takes place.

It does not mean that everyone now needs a DBS check

One of the most important points is also one of the easiest to misunderstand.

The change does not mean that everybody who works with children now automatically requires a DBS check. Nor does it create a blanket requirement for every organisation to obtain a particular level of check.

Organisations still need to consider the role itself and determine whether it meets the relevant regulated activity criteria. The appropriate level of DBS check must be based on the duties and circumstances of that role.

Where an organisation may need to look again is at roles that were previously considered to fall outside regulated activity specifically because the individual was supervised.

For some organisations, that may mean revisiting decisions made about existing roles rather than assuming that previous arrangements remain unchanged.

Supervision still matters

The removal of the supervision exemption does not make supervision any less important.

Good supervision remains an important part of safeguarding practice. It can help to maintain professional boundaries, provide accountability, support staff and volunteers, and make it easier to identify and respond to concerns.

What has changed is its relationship with the definition of regulated activity. Where the other relevant criteria are met, supervision can no longer be relied upon as the reason that a role sits outside regulated activity with children.

That distinction is important. Safeguarding practice should not become a choice between appropriate supervision and appropriate checks. Both sit within a much wider organisational approach to keeping children safe.

What should organisations be doing?

Organisations working with children should be aware of the change and consider whether any roles may need to be reviewed, especially where a previous decision about regulated activity relied on the individual being supervised.

That does not mean making automatic assumptions about every member of staff, freelancer or volunteer. It means looking carefully at relevant roles, using current DBS eligibility guidance, and ensuring that decisions are based on the duties and circumstances involved.

Safeguarding requirements do change over time. Keeping policies, recruitment practices and learning up to date is therefore part of maintaining a strong safeguarding culture, rather than something that happens only when a problem arises.

At Artswork Professional Development we have reviewed and updated our relevant safeguarding learning to reflect the September 2026 changes to regulated activity with children. If you would like to explore these changes in more detail, including how they may apply in practice, take a look at our safeguarding courses.