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.
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.’
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.
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).
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:
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:
Parents or carers who help out on a less frequent basis will not be affected, for example:
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.