The Disclosure and Barring Service (DBS) has highlighted an important change to the legal definition of regulated activity with children, which will affect the criminal record checks available for certain roles. Changes introduced through the Crime and Policing Act 2026 will expand the definition of regulated activity in England, Wales and Northern Ireland. This will include some activities that were previously exempt because the individual was carrying them out under the supervision of someone already engaged in regulated activity.
From 1 September 2026, roles that were previously excluded on the basis of supervision will become eligible for a Children’s Barred List check. This is an important development for organisations working with children and young people. It provides a timely opportunity to review: which roles within your organisation constitute regulated activity; whether current recruitment and DBS checking arrangements remain appropriate; and whether recruitment policies and procedures need updating to reflect the changes.
It remains a criminal offence for a barred individual to engage in regulated activity, or for an organisation to knowingly permit a barred individual to undertake regulated activity. With the changes taking effect shortly, organisations should make sure those responsible for safer recruitment and safeguarding understand what is changing and what it means in practice.
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