From September 2026, the supervision exemption has been removed, redefining regulated activity and tightening checks in schools and early years. Volunteers who teach, train, instruct or supervise will often need Enhanced DBS with barred list checks. EYFS (Early Years Foundation Stage) onboarding becomes stricter, with no starts before clearances are received. This guide explains the changes, links to authoritative sources, and sets out a practical, ethical plan for compliance that protects children and supports volunteers and staff.
In this guide, you’ll learn what is changing, why it matters, and how to update your checks, policies and training. We’ll signpost authoritative sources, and share a practical timeline to get compliant without derailing your staffing or volunteer programmes.
What exactly is changing in September 2026 for safer recruitment?
The supervision exemption is removed, so supervised roles may now count as regulated activity. Volunteers and some visitors will more often need Enhanced Disclosure and Barring Service (DBS) checks with barred list information.
Sector updates explain that from 1 September 2026 the long-standing “supervision exemption” falls away in education and childcare guidance, altering regulated activity definitions and vetting thresholds. Regulated activity in relation to children is defined in government guidance, which sets the baseline for frequency and role-based checks, including overnight activity and frequent teaching or training, as set out by the Department for Education and the Disclosure and Barring Service.
For early years, sector briefings indicate stricter onboarding under the EYFS from September 2026, including written references and the timing of barred list clearances. See overviews from Camden Early Years Training and Bolton Start Well. As always, confirm final details in the Department for Education publications when they are issued on Keeping children safe in education and the Statutory framework for the early years foundation stage.
How does removing the supervision exemption change regulated activity?
Once the exemption goes, supervision no longer stops a role being regulated activity. Frequent or intensive contact will trigger Enhanced DBS with barred list checks.
Under current law, regulated activity covers teaching, training, instructing or supervising children frequently, or overnight, and in specified roles or places, as described in UK Government guidance. The supervision exemption has meant that supervised volunteers often did not fall into regulated activity. Sector commentary for 2026 explains this carve-out is being removed in education settings, so supervision will not prevent a role from being regulated activity.
Practically, many supervised volunteers who teach, support, or supervise children on a frequent basis will now need an Enhanced DBS including children’s barred list information. Always apply the role’s duties and frequency to the regulated activity test, then document your decision.
Do volunteers now need Enhanced DBS with barred list checks?
Yes, often. Volunteers who teach, train, instruct or supervise on a frequent basis or overnight are likely to be in regulated activity.
Sector summaries indicate a common threshold remains where a volunteer undertakes relevant activity on more than three days in a 30‑day period, weekly, or overnight, which typically counts as regulated activity requiring Enhanced DBS with barred list information. See the explainer from the Child Protection Company. The baseline definitions continue to be informed by UK Government guidance.
Roles likely to be in regulated activity now include:
- Classroom helpers delivering reading or numeracy support on set days each week, because this is frequent teaching or training.
- Sports coaches leading after-school clubs weekly, given regular instruction and supervision of children.
- Overnight trip volunteers or residential activity assistants, due to the overnight criterion.
- One-to-one mentors, tutors, or music instructors scheduled several times each month.
Volunteers are eligible for free-of-charge Enhanced DBS checks when they meet the volunteer definition, as set out by the Disclosure and Barring Service. Always consider whether the role is paid, the duties, and any overnight or frequent contact.
What must early years providers change in onboarding under the EYFS?
No one should start before Enhanced DBS and children’s barred list clearances are fully confirmed. The flexibility to start while awaiting certificates is removed.
Early years briefings for September 2026 flag two key shifts. First, providers should not start new staff or volunteers until Enhanced DBS and barred list information have been received in full. Second, references must be obtained in writing, upfront, including for students and volunteers. See guidance round-ups from Camden Early Years Training and Bolton Start Well. Confirm final requirements in the published EYFS framework.
Step-by-step onboarding sequence for early years settings:
1) Role definition and risk assessment. Map duties against regulated activity and identify required checks and training.
2) Application screening. Collect full work history, identity documents, and written references requested at the outset.
3) Request Enhanced DBS with barred list. Use the children’s barred list route if regulated activity is confirmed.
4) Right to work and overseas checks. Verify immigration status and consider overseas criminal records checks where the candidate lived or worked abroad. See GOV.UK DBS checks guidance and DfE KCSIE.
5) Receive and record all clearances. Only schedule start dates after you have physically received satisfactory DBS results, references, and right to work evidence.
6) Induction. Deliver safeguarding training, code of conduct, supervision plans, and probation milestones before the first shift.
What are the new expectations for references and overseas checks?
Written references should be secured before appointment for staff, students and volunteers, and overseas checks must be risk-based and documented.
Sector updates for September 2026 say the EYFS and KCSIE are clarifying reference expectations and strengthening overseas vetting, including for self-employed visitors and contractors. For right to work and immigration checks, always follow the Home Office employer guidance and record the statutory excuse.
Points to embed:
- Secure references early. Ask specific safeguarding questions, including concerns about conduct with children.
- Validate referees. Use official email domains and verify that the referee is genuine and senior enough.
- Overseas history. If the person lived or worked abroad, seek overseas criminal records checks where available and take extra references.
- Contractors and visitors. Decide if the role is regulated activity. If not, apply supervised access controls, ID checks, and sign-in safeguards.
- Record the rationale. Keep a clear written decision trail explaining what you checked and why.
How should we update policies, training and data handling?
Refresh your safer recruitment policy, amend volunteer pathways, and update data protection notices and retention.
We recommend you revise Part Three of your safeguarding policy suite, incorporate new regulated activity definitions, and clarify volunteer eligibility for barred list checks. If sector commentary proves accurate, references to data access in KCSIE may reflect wider reforms. Until official texts are published, align with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Information Commissioner’s Office provides clear guidance on lawful basis, retention and subject access.
Next steps:
- Update safer recruitment and visitors policies. Align forms, decision trees and single central record fields with 2026 changes.
- Retrain panels and administrators. Provide short refreshers on regulated activity, barred list eligibility and volunteer checks.
- Revise privacy notices. Explain the legal basis for processing DBS data and how long you retain it. See the ICO guidance.
- Test your single central record. Audit entries, evidence, and alerts for expiring checks.
If you need a fast, ethical review, our team can help with an audit and policy refresh. Explore our Safer Recruitment service at specialisedhr.co.uk/services/safer-recruitment.
What pitfalls could catch us out during the transition?
The biggest risks are assuming supervised volunteers are exempt, and starting people before you receive clearances.
Common mistakes to avoid:
- Treating supervised roles as non‑regulated by default, instead of testing frequency and duties.
- Letting volunteers start while “checks are in progress”, which early years briefings say will not be allowed.
- Skipping barred list checks for eligible volunteers, assuming volunteers are always low risk.
- Using informal references from personal accounts, which reduces reliability.
- Failing to record your rationale, leaving gaps in the single central record and audit trail.
- Over-collecting data, rather than following UK GDPR data minimisation and purpose limitation.
Can you share a real example of a compliant transition?
Yes. A multi-academy trust we supported redesigned its volunteer pathway and avoided disruption at the start of term.
We worked with a medium-sized trust to re-map volunteer roles, create a short regulated activity triage, and move reference requests earlier in the process. We also introduced an email domain verification step for referees, plus a pre‑admissions volunteer briefing. The trust reported faster turnaround, fewer last‑minute withdrawals, and a stronger relationship with local community groups who appreciated the clarity and fairness.
What should governors and proprietors ask leaders this term?
Focus on assurance. Ask how roles map to regulated activity, whether onboarding is compliant, and what the training plan is.
Questions to put on the agenda:
- Which roles will now be regulated activity, and how have we evidenced that decision?
- How will we ensure volunteers do not start before checks are complete, especially in early years?
- What is our capacity for processing Enhanced DBS with barred list checks over the summer?
- How are we assuring the quality of references and the authenticity of referees?
- What changes are we making to privacy notices and retention under UK GDPR?
- How are we communicating the changes to parents, volunteers and partner organisations?
What is the timeline to get ready before September 2026?
You have a clear runway. Work backwards from September and fix the process before peak recruitment.
Timeline to prepare:
- Now: Map roles against regulated activity. Draft the updated policy language and volunteer decision tree.
- Next 4–6 weeks: Update forms, privacy notices and single central record fields. Brief HR, DSLs and panel members.
- Start of summer term: Launch the new volunteer and contractor pathways. Start Enhanced DBS applications early.
- End of summer term: Audit a sample of files. Stress-test start dates to ensure no one begins without full clearances.
- Mid‑August: Final training refreshers. Publish updated policies on your website and notify your community partners.
- First week of term: Hold a day-one compliance check. Fix any gaps and capture lessons learned for continuous improvement.
Where can we find authoritative guidance on safer recruitment checks?
Go to the source. Use government guidance for definitions, the DBS for checks, and the ICO for data protection.
Useful links:
- Regulated activity definitions and examples, provided by the UK Government.
- DBS checks, eligibility and process, on the GOV.UK DBS guidance and Disclosure and Barring Service.
- Keeping children safe in education, hosted by the Department for Education.
- EYFS statutory framework, available from the Department for Education.
- Data protection and criminal offence data, provided by the Information Commissioner’s Office.
Note on status: at the time of writing, sector commentary reports the removal of the supervision exemption and related changes for September 2026. Always cross-check details against final Department for Education publications before implementation.
How can specialisedhr.co.uk help you implement these changes?
We help ethical schools and early years providers balance safeguarding with fair recruitment. You get practical policies, confident panels and smooth onboarding.
Our support includes safer recruitment audits, policy rewrites, volunteer pathway design, and training for panel members and administrators. We also help you design ethical communications for volunteers, so they feel welcomed and respected while checks progress. Learn more at specialisedhr.co.uk/services/safer-recruitment, browse our Resources, or get in touch via our website.
Book a safer recruitment audit at specialisedhr.co.uk/services/#safer-recruitment-charities-non-profits. Read our latest guidance at specialisedhr.co.uk/resources, or contact us via our website.
FREQUENTLY ASKED QUESTIONS
What is the supervision exemption and why is it ending?
The supervision exemption meant supervised volunteers were often outside regulated activity. It is ending to strengthen safeguarding. Under current guidance, regulated activity includes frequent teaching, training or supervision of children, as set out by the UK Government’s regulated activity guide. Sector updates report that from September 2026 the exemption falls away in education settings. See the UK Government’s definitions for context and sector round-ups from Evolve Within Recruitment and HR Connect for the anticipated changes.
What does regulated activity mean in a school or nursery?
Regulated activity covers certain roles and frequent duties with children that require Enhanced DBS with barred list checks. It includes teaching, training, instructing or supervising children frequently, as well as overnight activity or work in specified settings, according to UK Government guidance. You must look at both the role’s nature and how often it occurs, then record your decision. When in doubt, seek advice and apply a child‑centred risk assessment.
Why will more volunteers need Enhanced DBS checks from 2026?
More volunteers will need checks because supervision will no longer exclude a role from regulated activity. If a volunteer teaches, trains, instructs, supervises, or provides care frequently, or supports overnight trips, they are likely to be in regulated activity. Sector briefings for 2026 outline that these volunteers commonly require Enhanced DBS with children’s barred list information, so plan onboarding earlier and communicate timelines clearly to your community.
What changes are expected in Keeping children safe in education 2026?
Expect KCSIE 2026 to reflect the end of the supervision exemption and clarify checks for volunteers and visitors. Sector updates say Part Three will be refreshed, with clearer thresholds for regulated activity, tighter expectations for references, and alignment with data protection standards. Until the Department for Education publishes the final text, rely on the current KCSIE and UK Government guidance on regulated activity and DBS eligibility as your legal baseline.
How do I decide if a volunteer is in regulated activity now?
Start with the duties and frequency, then apply the regulated activity definitions and document your rationale.
A simple approach is to ask: does the role involve teaching, training, instructing or supervising children frequently, or any overnight activity? If yes, it is likely regulated activity and needs Enhanced DBS with barred list. If not, consider supervised access, ID checks and sign‑in controls. Keep a clear audit trail in your single central record.
How can we onboard early years staff without breaching the new rules?
Plan earlier, front‑load references, and avoid scheduling starts before clearances are received.
Practical steps include:
- Request written references at application stage and verify referee credibility
- Submit Enhanced DBS and barred list requests as soon as conditional offers are made – Build a standard induction pack covering safeguarding and supervision plans
- Keep candidates warm with regular updates so they stay engaged while checks complete
- Only confirm start dates once all evidence is on file and reviewed by a manager
What should go into a safer recruitment policy refresh for 2026?
Your refresh should reflect regulated activity changes, volunteer pathways, and updated data protection notices.
We suggest you include:
- A clear decision tree for regulated activity and barred list eligibility
- Steps for references, identity, right to work and overseas checks
- Single central record fields aligned to 2026 requirements
- Privacy notices compliant with UK GDPR and the Data Protection Act 2018
- Training expectations for panel members, DSLs and administrators
How do overseas checks work if an applicant lived abroad?
Use a risk-based approach and seek overseas criminal record certificates where available, plus extra references.
Consider:
- Countries of residence and the practicality of obtaining checks
- The role’s risk profile and level of contact with children
- Additional references from senior referees who can speak to conduct
Record what you tried, what you received, and why the decision is reasonable. Pair this with a robust induction and early supervision plan.
What is the best way to communicate these changes to volunteers?
Be transparent, warm and practical, and explain timelines and why checks are needed.
Helpful tactics include:
- A one‑page volunteer guide with plain
- English steps and expected timeframes
- Automated updates at each stage, so volunteers feel supported
- Drop‑in Q&A sessions in the community to answer concerns
Clear communication keeps goodwill high and reduces withdrawals during busy term starts.
How can governors assure themselves the school is compliant?
Ask for evidence, not just assurances, and sample the single central record and files.
Useful evidence includes:
- A mapped list of roles with regulated activity decisions
- Recent audit findings and fixes with named owners
- Training logs for panels and administrators
- A live report on DBS progress for pending starters
Governors should also read the latest KCSIE (Keeping Children Safe in Education) and the school’s updated safer recruitment policy.
Related Resources
Practical audits, policy updates and training to help you meet safer recruitment requirements with confidence and care.
Download checklists and read our latest insights on safeguarding, DBS checks and ethical onboarding.
Have a specific question about volunteers, EYFS onboarding or DBS eligibility? Get in touch for tailored advice.
Further Reading
GOV.UK guidance on check levels, eligibility and the application process.
Department for Education statutory guidance for schools and colleges in England.
Department for Education requirements for early years providers in England.
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