From 1 September 2026, an important change to the rules around working with children came into force.
The supervision exemption has been removed from the definition of regulated activity with children.
That sounds complicated, but the change itself is actually quite simple.
Previously, some people who regularly worked with children were not considered to be carrying out regulated activity because another suitably checked person was supervising them.
That is no longer the case.
If you regularly teach, train, instruct, care for or supervise children, your work may now be considered regulated activity even when another adult is supervising you.
For some people, this means their role can now qualify for an Enhanced DBS check with a Children’s Barred List check, when previously it could only qualify for an Enhanced DBS check without the Children’s Barred List.
What was the supervision exemption?
Before 1 September 2026, supervision could affect whether certain work with children counted as regulated activity.
Imagine you helped coach children at a sports club every week, but the head coach was always there and directly supervised what you were doing.
Even though you were regularly instructing children, the role could potentially sit outside regulated activity because you were considered to be sufficiently supervised.
The same could apply to people such as teaching assistants, school volunteers, music club helpers or activity instructors.
Where this exemption applied, the role could potentially qualify for an Enhanced DBS check, but not a check of the Children’s Barred List.
From 1 September 2026, that supervision exemption has been removed.
What changed on 1 September 2026?
Supervision no longer stops certain regular work with children from being classed as regulated activity.
If your role involves teaching, training, instructing, caring for or supervising children, one of the key questions is how frequently you carry out that work.
The frequency threshold is met where the activity takes place on more than 3 days in any 30-day period, or where the activity takes place overnight between 2am and 6am.
So, for example, if you teach or supervise children every week, being supervised by another person does not automatically keep your role outside regulated activity anymore.
If the other eligibility requirements are met, your role may therefore be eligible for an Enhanced DBS check with a Children’s Barred List check.
What does this mean if you’re self-employed?
This change is particularly significant for self-employed people because it follows another major DBS rule change introduced earlier in 2026.
Since 21 January 2026, eligible paid self-employed people and personal employees have been able to apply for their own Enhanced DBS check or Enhanced DBS check with Barred List information through a registered DBS Umbrella Body.
Previously, self-employed workers would often need an eligible organisation to arrange an Enhanced DBS application on their behalf.
Together, the two changes mean that some self-employed people who regularly work with children may now qualify as carrying out regulated activity even though they are supervised, may be eligible for a Children’s Barred List check where they were not previously, and may be able to apply for the appropriate Enhanced DBS check through an approved Umbrella Body.
At Self-Employed DBS, we specialise in helping paid self-employed professionals understand their eligibility and apply for the appropriate level of DBS check.
What is regulated activity with children?
Regulated activity is a legal term used for certain types of work with children.
It is particularly important because a person who is included on the Children’s Barred List must not carry out regulated activity with children.
The Children’s Barred List is maintained by the Disclosure and Barring Service and contains people who have been legally barred from carrying out regulated activity with children.
This is why determining whether a role is regulated activity matters when deciding what level of DBS check someone is eligible for.
An Enhanced DBS check with a Children’s Barred List check includes the information provided as part of an Enhanced DBS check, as well as a check to establish whether the applicant is barred from working in regulated activity with children.
Check which DBS check you’re eligible for
DBS rules can appear complicated because eligibility is based on the work you actually carry out rather than your job title alone.
The important change from 1 September 2026 is simple:
Being supervised no longer automatically prevents regular teaching, training, instruction, care or supervision of children from being regulated activity.
If your role is now considered regulated activity with children, you may be eligible for an Enhanced DBS check with a Children’s Barred List check.
Self-Employed DBS helps eligible paid self-employed professionals apply for Standard and Enhanced DBS checks without needing an employer to submit the application on their behalf.
If you’re unsure which level of DBS check applies to your work, use our DBS Eligibility Checker before starting your application.
Please note: This article is provided as general guidance and does not constitute legal advice. DBS eligibility depends on the exact duties and circumstances of an individual role.
Check eligibility
You must be paid and in a qualifying role. Volunteers are not covered.
Register an account
Self-employed applicants cannot submit directly to the DBS.
Complete application
Personal details, 5 years of addresses, and your role information.
Verify your identity
Digitally via biometric passport or EU ID card, or with standard documents.
Receive your certificate
Posted directly to you. Show the original to your client or parent.
Does this mean everyone working with children now needs a Children’s Barred List check?
No. This is one of the most important points to understand.
The change does not mean that every person who works with or around children is automatically carrying out regulated activity.
The type of work you carry out, where you carry it out, how frequently you do it and other eligibility conditions still need to be considered.
It also does not mean that every person working with children is automatically required by this change to obtain a new DBS check.
Instead, the change affects whether certain roles are now considered regulated activity and, as a result, whether those roles are eligible for an Enhanced DBS check that includes the Children’s Barred List.
DBS eligibility always relates to the role and the work being carried out, rather than simply somebody wanting a particular level of check.
A simple example
Imagine you are a self-employed sports coach. You help run children’s coaching sessions every Saturday and you are always supervised by the club’s senior coach.
Before 1 September 2026, that supervision could have been relevant when deciding whether your work was regulated activity.
From 1 September 2026, the fact that the senior coach supervises you no longer provides that exemption.
If you are instructing or supervising children frequently enough to meet the regulated activity criteria, the role may now be eligible for an Enhanced DBS check with a Children’s Barred List check.
The same principle could apply to many other roles involving regular work with children.
Who could be affected by the new DBS rules?
The change could affect both paid workers and volunteers who regularly carry out relevant activities with children.
For self-employed professionals, examples could include private tutors, sports coaches, music teachers and instructors, performing arts teachers, children’s activity providers, outdoor activity instructors and other professionals who regularly teach, train, instruct, care for or supervise children.
The important point is not the job title.
DBS eligibility is based on what you actually do in your role.
Two people using exactly the same job title could potentially be eligible for different DBS checks depending on their duties and how frequently they work with children.
What if I only work with children occasionally?
Frequency still matters. For the activity described above to meet the frequency condition, it generally needs to take place on more than 3 days within a 30-day period.
Someone helping with children’s activities once a month, for example, would not meet that frequency condition simply because they are working with children.
However, there are different routes to regulated activity and DBS eligibility can depend on the exact circumstances of the role.
You should therefore assess the duties you actually perform rather than relying solely on how often you work.
What about overnight work with children?
The rules also cover certain overnight activity. If you teach, train, instruct, care for or supervise children overnight and the activity takes place between 2am and 6am, the overnight condition can be met even if you do not carry out the role more than three days per month.
This can be particularly relevant for people involved in residential activities, overnight camps, trips and other children’s activities involving overnight supervision.
What if I already have an Enhanced DBS certificate?
Your existing Enhanced DBS certificate does not suddenly become invalid because the law changed on 1 September 2026.
DBS certificates do not have an official expiry date.
However, if your role was previously eligible for an Enhanced DBS check without a Children’s Barred List check because you were supervised, your role may now qualify for an Enhanced DBS check with Children’s Barred List information.
It may therefore be appropriate to obtain a new check that reflects the current eligibility of your role.
The organisation you work with may also review its safeguarding and DBS requirements following the change.
Does the change apply to work with vulnerable adults?
No. The change on 1 September 2026 relates specifically to regulated activity with children.
There has been no equivalent change to the definition of regulated activity with adults.
If you work with vulnerable adults, the eligibility rules relating to the Adults’ Barred List continue to apply separately.
Does the change apply across the UK?
The removal of the supervision exemption applies in England, Wales and Northern Ireland.
DBS checks cover England and Wales. Northern Ireland operates its criminal record checking system through AccessNI.
Scotland operates a separate system through Disclosure Scotland and the Protecting Vulnerable Groups scheme.
This guide is primarily intended for self-employed professionals applying for DBS checks in England and Wales.
Do I need to apply for a new DBS check?
If you regularly work with children and previously believed that you could not have a Children’s Barred List check because somebody supervised you, it is worth checking your eligibility again.
In particular, you should review your role if you work directly with children, teach, train, instruct, care for or supervise children, carry out that activity on more than three days in a 30-day period or overnight, and were previously treated as outside regulated activity because another person supervised your work.
Your circumstances may now be different under the rules that came into force on 1 September 2026.
This guide applies to self-employed workers in England and Wales only. Self-employed workers in Scotland should apply through Disclosure Scotland. In Northern Ireland, the equivalent service is AccessNI. This page is for guidance only and does not constitute legal advice. If you have questions about your specific circumstances, contact our support team or consult a qualified legal adviser.
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