The Definition of Regulated Activity is Changing: What Every Organisation Needs to Do Before 1 September 2026
The safeguarding landscape is changing again and this is one update that organisations cannot afford to overlook.
From 1 September 2026, the legal definition of regulated activity with children changes across England, Wales and Northern Ireland. While it may sound like a technical amendment, the implications are significant for organisations that rely on staff and volunteers to work with children.
Many organisations will now find that individuals who previously fell outside the scope of regulated activity will require enhanced DBS checks with children's barred list information. This means reviewing recruitment processes, volunteer roles and safeguarding procedures before the new definition comes into force.
At RLB, we believe this change is about far more than compliance. It is about strengthening safer recruitment and ensuring organisations continue to place children's welfare at the centre of decision-making.
Why is the law changing?
The amendment removes the long-standing supervision exemption for many volunteer roles working with children. Historically, some volunteers carrying out activities such as teaching, supervising or instructing children were not considered to be undertaking regulated activity if they were appropriately supervised. From September, this exemption is removed. Instead, the focus shifts to what someone does, rather than whether another adult is supervising them.
The change implements one of the recommendations made following the Independent Inquiry into Child Sexual Abuse (IICSA), recognising that supervision alone is not always sufficient to safeguard children.
Who is likely to be affected?
The impact stretches well beyond schools.
Organisations that should urgently review their arrangements include:
Schools and academies
Further education providers
Early years settings
Children's residential services
Sports clubs
Faith organisations
Charities
Youth organisations
Uniformed groups
Community projects
Holiday clubs
Voluntary organisations
Many volunteer roles will now meet the legal definition of regulated activity where they involve teaching, caring for, supervising or instructing children on a frequent basis.
Why this matters
Safer recruitment is one of the strongest preventative safeguarding measures available. Whilst DBS checks should never be viewed as the only safeguard, they remain an important part of a wider safeguarding culture. This legislative change provides organisations with an opportunity to review whether their recruitment practices still reflect the risks associated with the roles people undertake.
Rather than asking: "Do they need a DBS?" leaders should increasingly ask:
"Have we fully understood the safeguarding risks attached to this role?"
That subtle shift encourages more thoughtful, evidence-based decision-making.
What organisations should do now
With implementation approaching, safeguarding leaders should already be preparing.
Consider:
Reviewing all volunteer role descriptions.
Identifying roles that may newly become regulated activity.
Updating safer recruitment policies.
Reviewing recruitment procedures.
Checking DBS eligibility guidance.
Briefing managers and recruitment teams.
Updating induction materials.
Ensuring governors, trustees and senior leaders understand the changes.
Reviewing safeguarding risk assessments for volunteer programmes.
This is also a useful opportunity to revisit supervision arrangements, role boundaries and safeguarding training.
Beyond compliance
It is easy to view legislative updates as another administrative task however, safeguarding legislation rarely changes without good reason.
This amendment reflects a wider recognition that children's safety depends upon robust systems, safer recruitment and organisations continually learning from previous failures. Effective safeguarding is never achieved simply by obtaining a DBS certificate.
It is achieved through good recruitment, effective induction, ongoing supervision, professional curiosity, strong organisational culture and leaders who continually ask whether enough is being done to keep children safe. September's changes should therefore be seen not simply as a legal requirement, but as an opportunity to strengthen safeguarding practice.
Final thoughts
The change to regulated activity may appear technical, but its impact will be felt across thousands of organisations. Those who prepare early will not only remain compliant but also strengthen their safeguarding arrangements for the future.
At RLB, we are supporting organisations to review safer recruitment procedures, volunteer arrangements and safeguarding governance ahead of the September changes because safeguarding is never just about meeting the minimum standard, it is about creating environments where children are genuinely safe.
Resources
Regulated Activity with Children- Press Release