Last reviewed: June 2026
Regulated activity refers to roles within educational settings that provide access to children and vulnerable adults. That’s why it’s so essential that DBS checks underpin robust Safeguarding within schools and trusts.
The level of checks that employees, or prospective employees and volunteers, require depends on the nature of work and, more specifically, if the work is legally defined as ‘regulated activity with children.’
In this blog, we’ll take you through the essential aspects schools and trusts need to know when dealing with ‘regulated activity’, along with the high-risk pitfalls to avoid in order to comply with safeguarding principles.
Read on for
- Types of DBS checks
- The risks of getting it wrong
- Defining ‘regulated activity’ from September 2026
- How to check that a person is not barred
- Understanding occasional volunteering in schools
- Your regulated activity checklist.
Types of DBS checks
There are three main types of DBS checks: standard, enhanced and enhanced with barred list check.
When working in education, the enhanced check is the only option to be used or accepted.
The enhanced level of DBS check provides information on spent and unspent convictions and adult cautions, from the Police National Computer, which have not been filtered in line with legislation. Additionally, the enhanced check informs employers of any approved information held by the police that is relevant and ought to be released, as judged by the Chief Police Officer.
As well as the above, the enhanced barred list check provides a final observation on whether an individual appears on the children’s or adults barred list or both. This check should be carried out on people working, or seeking to work or volunteer, in ‘regulated activity with children.’
The risks of getting it wrong
If you know, or have reason to believe that an individual is barred and allow them to carry out any form of ‘regulated activity’, you will be committing an offence. You could face up to five years in prison if they are convicted, in addition to the reputational damage that your School, Academy or Trust will suffer.
We cannot overstate the importance of clearly understanding this legal definition. As such, you need to ensure that you keep on top of legislative changes as they’re released from the DfE.
Defining ‘regulated activity’ from September 2026
From the 1st September 2026 changes have been made to the Crime and Policing Act 2026 which will be reflected in ‘Keeping Children Safe in Education’ (KCSIE). This document details the full legal definition of ‘regulated activity,’ as set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012.
Some activities are only legally defined as ‘regulated’ if they are undertaken regularly. Others are deemed to be ‘regulated’ regardless of their frequency or supervision, such as residential trips and personal care (including toileting, washing, assisting with eating or drinking).
What this means in practice
All paid staff who have contact with children are already in regulated activity and this does not change from September,
The main group that are affected by the change is volunteers. Previously, volunteers may not previously have been in regulated activity if they were supervised by a member of staff. However, from 1 September 2026, volunteers engaging in regulated activity will need to have an enhanced DBS check with children’s barred list information.
Schools and trusts now need to ensure that any volunteer who is now in regulated activity is not barred from working with children.
How to check that a person is not barred
Schools and colleges should check that a person is not barred from working with children by carrying out an enhanced DBS check with children’s barred list information.
Schools and colleges are also able to obtain a standalone children’s barred list check through the Department for Education (DfE) check a teacher’s record service. They should only use this if the following applies:
- the person will begin engaging in regulated activity before they get the DBS certificate
16 to 19 Academies and independent training providers cannot access DfE’s check a teacher’s record service. They should carry out an enhanced DBS check with children’s barred list information and wait for the result to be received before the individual commences their work or volunteering.
DBS checks for volunteers are free of charge but will include an admin fee.
Understanding occasional volunteering in schools
Parents or carers who help occasionally will not need to get an enhanced DBS check with children’s barred list information.
The change only applies to those who work or volunteer in a supervised role with children frequently or:
- on more than 3 days in a 30-day period
- overnight between 2am and 6am
Parents or carers who help out on a less frequent basis will not be affected, for example:
- at an occasional parent teacher association (PTA) event
- on a school day-trip (not overnight)
They will be able get an enhanced or basic DBS check without children’s barred list information, if requested by the school.
Volunteers who have not had any checks obtained, should not be allowed to work in regulated activity.
Your 'regulated activity' checklist
- Review all current and planned volunteer roles;
- Identify any volunteers who may fall within regulated activity from 1 September 2026;
- Ensure the correct DBS checks are completed where required;
- Update safer recruitment, volunteer and onboarding processes;
- Check Single Central Record arrangements and record-keeping processes;
- Make sure relevant staff, governors and volunteers understand the change.
Our DBS clients benefit from advice and guidance given by our dedicated DBS team, in addition to our intuitive DBS portal which provides access to real-time reports on the status of your DBS applications.
We complete more than 99% of applications within seven days, reducing recruitment timescales by up to 50%.
If you’re looking for support with safeguarding issues and recruitment or would like to learn more about our model policies and letters, along with relevant training, please talk to us.
