Changes to the definition of regulated activity with children

What has changed?

The Crime and Policing Act 2026 amended the Safeguarding Vulnerable Groups Act 2006 by removing the supervision exemption from the definition of regulated activity with children, as it applies to unpaid/voluntary roles.

As of 1 September 2026, individuals who work on an unpaid or voluntary basis are undertaking regulated activity with children, regardless of whether they are supervised, if;

• They carry out teaching, training, instruction or supervision of children; and

• Those duties are carried out frequently (once a week or more on an ongoing basis); on more than three days in any 30 day period; or overnight (at any time between 2am and 6am and give the person the opportunity to have face to face contact with children).

Individuals who work on an unpaid or voluntary basis also undertake regulated activity with children, regardless of whether they are supervised, if:

• They carry out duties in a school;

• Those duties are carried out frequently (once a week or more on an ongoing basis); on more than three days in any 30 day period; or overnight (at any time between 2am and 6am and give the person the opportunity to have face to face contact with children);

• Those duties are carried out in connection with the purposes of the school; and

• Those duties give them the opportunity for contact with children.

All voluntary/unpaid roles that fall within the above definitions of regulated activity are now eligible for enhanced DBS checks with Children's Barred List information, regardless of whether they are supervised.

We have separately considered the implications of this change for schools in our sector specific Safer Recruitment Update.

Work experience placements

Many employers offer work experience placements to school-age children and may therefore wonder how these changes affect employees who supervise those placements.

However, it remains the case that the definition of regulated activity does not include teaching, supervision, care, advice or guidance provided to a child in the course of the child's employment. For these purposes, "employment" includes paid and unpaid work carried out under the supervision or control of another person, which extends to work experience placements. Supervision of work experience placements does not therefore amount to regulated activity with children, and those who provide that supervision are not eligible for DBS and Children's Barred List checks.

However, employers should still manage work experience placements appropriately, giving thought to how they are managed in practice, being clear about expected standards of conduct and providing staff with appropriate training and guidance.

In accordance with KCSIE, where schools arrange work experience placements they should ensure that the provider has appropriate policies and procedures in place to protect children from harm.

Learning points for employers

Organisations who allow volunteers to work with children should review whether those arrangements now fall within the definition of regulated activity and, where they do, should consider obtaining enhanced DBS checks with Children's Barred List information as part of sensible risk management.

For more information or advice, please get in touch with Richard Hewitt in our Employment team.