From 1 September 2026, the law on who counts as being in "regulated activity" with children changes. The Disclosure and Barring Service (DBS) is removing the exemption that currently applies where someone working with children is closely supervised by another person. Cultural organisations run a great deal of activity that brings adults into close contact with children: youth theatre and workshops, participation and outreach programmes, education sessions, holiday schemes and productions involving young performers. Much of that work is delivered by a mixed workforce of employees, sessional workers, freelancers and volunteers, and this change is worth checking against your current DBS practice before the autumn. It affects regulated activity with children only. The definition of regulated activity with adults is not changing.

Regulated activity is work a barred person must not do. It is a criminal offence for a barred person to do it, and for an organisation to knowingly allow them to. Getting the right level of DBS check for a role, including a check of the Children's Barred List where required, is central to that system working.

Cultural organisations often engage people who work closely with children only for the length of a project or a run, and who are supervised by someone more senior: an assistant working under a lead workshop leader, a sessional tutor supported by a qualified safeguarding lead, or a trainee overseen by an experienced practitioner. Many such roles currently rely on the supervision exemption to justify a standard Enhanced DBS check without a Children's Barred List check. Because this work is often concentrated into short, intensive blocks (a festival, a half-term scheme, a rehearsal period) these roles can cross the frequency threshold that brings them into regulated activity, even though the person is closely supervised throughout.

Currently, someone who teaches, trains, instructs, cares for or supervises children often enough, or overnight, is not supplying a regulated activity where someone else who is in regulated activity supervises them sufficiently. From 1 September 2026, that supervision exemption no longer applies. If the work is done often enough, or overnight, the person is in regulated activity regardless of how well supervised they are. "Often enough" means more than three days in any 30-day period. "Overnight" means once, between 2am and 6am.

Before 1 September 2026, cultural organisations that engage people to work with children should take a few steps. Identify the roles where someone teaches, trains, instructs, cares for or supervises children and is currently treated as exempt from regulated activity because another person supervises them: this includes workshop leaders and assistants, tutors, chaperones, welfare officers, and support staff assigned to children or young participants. Check whether each role meets the frequency or overnight test across a typical block of activity, not just a single day, since a short but intensive schedule can cross the "more than three days in 30" threshold quickly. Check whether the person's existing DBS certificate includes a Children's Barred List check; if it does not, and the role will be in regulated activity from 1 September 2026, a new Enhanced DBS check with Children's Barred List information should be requested. Update recruitment, casting and safeguarding processes, including your safeguarding policy and any chaperone or child welfare procedures, so they reflect the change. And re-check DBS eligibility whenever a person's role changes, or the way it is carried out changes, since that can move a role in or out of regulated activity.

Change to the definition of regulated activity with children from 1 September 2026 (GOV.UK): https://www.gov.uk/government/news/change-to-the-definition-of-regulated-activity-with-children-from-1-september-2026
Working or volunteering in regulated activity with children (Department for Education): https://www.gov.uk/government/publications/working-or-volunteering-in-regulated-activity-with-children
Supervision of activity with children (Department for Education): https://www.gov.uk/government/publications/supervision-of-activity-with-children