Changes to DBS requirements for those working with children

03 September 2026

Organisations across West Northamptonshire that work with children and young people are being encouraged to review their safeguarding arrangements following important changes to national legislation that came into effect on 1 September 2026.

The Government has amended the definition of regulated activity with children by removing the long-standing supervision exemption. This means that some individuals who work with children on a regular basis may now be undertaking regulated activity, even when supervised by another responsible adult.

As a result, some volunteers, staff, trustees and leaders who previously required an Enhanced Disclosure and Barring Service (DBS) check without Children's Barred List information may now require an Enhanced DBS check that includes a Children's Barred List check.

The changes apply to individuals who teach, train, instruct, care for or supervise children more than three times in a 30-day period, or who undertake overnight activities involving children between 2am and 6am.

The legislation is intended to strengthen safeguarding arrangements and help ensure that children and young people continue to be protected through appropriate background checks.

What organisations should do

West Northamptonshire Council is encouraging all organisations, clubs, groups and community organisations that work with children and young people to review their current staffing and volunteering arrangements.

This should include:

• Identifying individuals who teach, train, instruct, care for or supervise children while working under supervision.
• Reviewing whether those roles meet the frequency threshold under the new legislation.
• Checking whether existing DBS certificates include Children's Barred List information.
• Determining whether a new DBS application is required.
• Updating recruitment, volunteering and safeguarding procedures to reflect the new requirements.

Interim safeguarding arrangements

Where a new DBS application has been submitted but is still being processed, organisations should consider appropriate interim safeguarding measures.

These may include:

• Restricting individuals to induction, training, shadowing or administrative duties.
• Ensuring continuous supervision by a named DBS-cleared leader.
• Preventing any unsupervised work with children.
• Not allowing one-to-one work, personal care, transport responsibilities or overnight duties.
• Maintaining a written risk assessment outlining supervision arrangements and interim responsibilities.

Organisations remain responsible for ensuring their recruitment, safeguarding and DBS arrangements comply with the new legislation. Those that access DBS services through a third-party provider are encouraged to seek advice directly from their provider on any implications for their workforce and volunteers.

Further information about the legislative changes is available on the Government website.