As of 1st September 2026, the Crime and Policing Act 2026 removes the supervision exemption from the definition of regulated activity.
We urge you to read the full government update here: Regulated activity: removal of the supervision exemption
Previously, if a member of staff in regulated activity supervised a volunteer (regardless of how often they were present), the volunteer fell outside the definition of regulated activity. As of 1st September 2026, that is no longer the case.
We've extracted the relevant information from KCSiE 2026 below for you. This can be found in KCSiE 2026 > Part three: Safer recruitment > iii. Other checks that may be necessary for staff, volunteers and others, including the responsibilities on schools and colleges for children in other settings > Volunteers.
Customer Notice: We urge you to read the entirety of the DfE’s KCSiE, and stress that our guides are our attempt to help you make sense of the relevant regulations in relation to your SCR – and not meant to act as a replacement for the KCSiE document.
Volunteers
Regular or overnight volunteers
381. The Crime and Policing Act 2026 made changes to regulated activity, meaning that any person volunteering in a school or college in a role that involves teaching, training, instructing or supervising children frequently or on more than 3 days in a 30-day period or overnight is now in regulated activity (see paragraph 315 for more information on regulated activity). Where this applies, schools or colleges should obtain an enhanced DBS check with children’s barred list information.
382. Where an individual meets the period condition (more than 3 days in a 30- day period) by volunteering at multiple settings, the school or college should work with the other settings to decide who should apply for the enhanced DBS check with barred list information, and that information should then be supplied by the individual to each setting. Volunteers may also choose to join the DBS Update Service at the point that a DBS check is applied for. This is free for volunteers and allows portability of a DBS check across different education settings (see paragraphs 326-329 for more information on the Update Service).
Existing volunteers in regulated activity
383. Where a school or college has an existing volunteer who will now be in regulated activity from 1 September 2026 because of the changes brought in by the Crime and Policing Act 2026, they must check their children’s barred list status. This should be done by obtaining an enhanced DBS check with children’s barred list information. Schools and colleges are able to obtain a standalone barred list check. They may do this where either:
the school or college wishes to allow the volunteer to undertake regulated activity prior to obtaining the enhanced DBS check certificate; or
the school or college has recently obtained an enhanced DBS check without children’s barred list information, and there has been no break in service since that certificate was issued.
FAQ: Do i now need to obtain a barred list check for a volunteer, even if they started before 1st September 2026?
Answer: Yes, if the volunteer is now considered to be in regulated activity from 1 September 2026 because of the changes brought in by the Crime and Policing Act 2026 (as outlined above), then a barred list check must be obtained.
Volunteers not in regulated activity
384. Under no circumstances should a volunteer on whom no checks have been obtained be left unsupervised or allowed to work in regulated activity.
385. Whilst volunteers play an important role and are often seen by children as being safe and trustworthy adults, the nature of voluntary roles varies, so schools and colleges should undertake a written risk assessment and use their professional judgement and experience when deciding what checks, if any, are required.
386. The risk assessment should consider:
the nature of any work with children,
what the establishment knows about the volunteer, including formal or informal information offered by staff, parents and other volunteers,
whether the volunteer has other employment or undertakes voluntary activities where referees can advise on their suitability, and
where the role is not regulated activity, whether another level of DBS check might be appropriate, such as:
an enhanced DBS check without barred list information, for volunteers who would be in regulated activity but do not volunteer frequently, or
a basic DBS check for any other volunteer who may have access to children.
387. Details of the risk assessment should be recorded.