DBS checks and work experience: what the new regulated activity rules actually mean

Changes to regulated activity with children came into force on 1 September 2026 and we’re concerned that some of the discussion around the changes may be creating uncertainty for employers, schools and people looking for work. This post explains what has changed, what hasn’t, and why it’s important to get DBS eligibility right.

On 1 September 2026, the rules around regulated activity with children changed.

The change removed what was known as the “supervision exemption”. Previously, someone carrying out certain activities with children could be outside regulated activity if they were sufficiently supervised by another person who was themselves carrying out regulated activity.

That exemption has now gone. This means that someone who teaches, trains, instructs, cares for or supervises children frequently enough, or overnight, can now be carrying out regulated activity even when they are supervised. The change followed the Crime and Policing Act 2026.

That sounds like a significant change, and for some roles it is. But it does not mean that everyone who works alongside a young person, or supervises a young person in the workplace, automatically needs an enhanced DBS check.

That distinction is really important.

What has changed?

The main change concerns people who teach, train, instruct, care for or supervise children.

Where these activities are carried out frequently enough, they can now be regulated activity even if the individual is supervised by somebody else. The relevant frequency test includes carrying out the activity on more than three days in a 30-day period, or overnight.

Guidance on removal of the supervision exemption makes clear that the main group affected are volunteers who may previously have fallen outside regulated activity because they were supervised by a member of staff.

For example, a volunteer regularly helping children in a school may now be carrying out regulated activity even if a teacher is present and supervising them.

But what about work experience and 16- and 17-year-olds?

This is where it’s particularly important not to apply the new rules too broadly.

The current Disclosure and Barring Service guidance on regulated activity with children says that where an activity relates solely to the employment of a 16- or 17-year-old, such as induction training when they start work or supervising them at work, the person providing that training or supervision is not carrying out regulated activity on that basis.

For example:

A 17-year-old starts work and an experienced colleague shows them around, explains their role and supervises them while they learn the job. The fact that the young person is under 18 does not, by itself, put that colleague into regulated activity.

It is therefore important for employers and schools to look at what somebody will actually be doing, rather than assuming that contact with anyone under 18 automatically means that an enhanced DBS check is needed.

Why we’re raising this

We’ve been alerted to concerns that uncertainty around the new rules may be affecting approaches to work-experience placements. We want to make sure that understandable caution around safeguarding does not inadvertently create additional barriers for young people, employers or people with criminal records.

Safeguarding children is, of course, essential. But appropriate safeguarding also means getting the rules right.

An enhanced DBS check is not something an employer should request simply as an extra precaution. The level of DBS check available depends on the role and activities being carried out. The current DBS guidance specifically says that where somebody does not meet all the conditions for regulated activity, they may be eligible for either a standard or basic level of check instead.

If you’re an employer

If you’re offering work experience, employing a 16- or 17-year-old, or working with a school or college, don’t panic.

The September changes do not mean that every member of staff who comes into contact with a young person suddenly needs an enhanced DBS check.

Instead, look carefully at:

• What will the person actually be doing?
• Are they teaching, training, instructing, caring for or supervising a child in circumstances that meet the regulated-activity rules?
• Is the activity solely connected with the employment of a 16- or 17-year-old?
• How frequently will the relevant activity take place?

DBS guidance emphasises that changes to someone’s role or the activities they carry out might affect the level of check that applies.

The important thing is to establish eligibility for the check based on the actual role, rather than adopting a blanket policy.

If you have a criminal record and are applying for work

We know that being asked for a DBS check can feel worrying, particularly if you weren’t expecting one.

The September changes do not mean that employers can automatically request an enhanced DBS check simply because a role involves some contact with people under 18. The eligibility rules still matter.

If an employer tells you that an enhanced DBS check is necessary, it is reasonable to ask why the role is eligible and what part of the role they believe amounts to regulated activity.

And remember, an employer asking about a criminal record does not automatically mean that your record will prevent you from getting the job. What information can be disclosed, what an employer is entitled to ask about and how that information should be considered will depend on the role and circumstances.

Getting this right

Unlock regularly see the consequences when criminal-record checks are used more widely than necessary.

For somebody with a criminal record, an unnecessarily high-level check can mean information being disclosed that an employer was not entitled to request for that role. It can also lead people to rule themselves out of opportunities before they have even had the chance to demonstrate what they can offer.

For employers, the answer isn’t to avoid offering opportunities involving young people. It’s to make careful, role-specific decisions about safeguarding and DBS eligibility.

Good safeguarding and fair recruitment can, and should, go together.

We would encourage employers, schools and colleges to use the latest official guidance and avoid introducing blanket enhanced DBS-checking requirements in response to the September changes.

Have you experienced problems because of the new rules?

We’d also like to understand what is happening in practice.

If you have a criminal record and have been told that you cannot take up a job, supervisory role or opportunity because of the new DBS rules, or if you’re an employer that has experienced uncertainty about what checks you can request, we’d like to hear from you.

Real examples will help us understand where confusion is happening and where clearer guidance may be needed.

Please email Debbie Sadler, Head of Delivery and Programmes at debbie.sadler@unlock.org.uk.