Anyone who has worked with me will know my commitment to safer recruitment. As an absolute minimum, we should be carrying out interviews, a DBS check, and taking up two references for anyone that is going to work with children or adults at risk.
With important regulatory changes having just taken place, now is the time to review your own organisation’s safer recruitment policies.
What is Changing in September 2026?
The rules surrounding DBS checks and regulated activities have changed. Specifically, from September 1, 2026, the definition of regulated activity with children has shifted due to the removal of the supervision exemption.
Legally, an individual must be involved in regulated activity for an organisation to request an Enhanced DBS check that includes the Children’s Barred List. While most regulated activity is quite clear – such as a teacher in regular contact with children or a volunteer helping weekly at a youth club – the Government is now clarifying parts of the framework that have historically been ambiguous.
The removal of the supervision exemption means that if a role previously fell outside the regulated activity with children criteria solely because the individual was supervised, the eligibility for that role now will have changed – more details of eligibility can be found here. In practice, this means employers must reassess volunteer and staff roles to determine if a barred list check is now appropriate and legally required for those positions.
Common Misconceptions
The Government has published guidance addressing some frequent questions about the above changes. Key points from this include:
- Scope of the Change: The legislative change applies across England, Wales, and Northern Ireland.
- Adults at Risk: The removal of the supervision exemption only affects the definition of regulated activity with children, as the concept does not apply to regulated activity with adults.
- Affected Sectors: It is incorrect to assume this change is only applicable to education settings and volunteers. The update applies wherever the relevant criteria are met, impacting both paid staff and volunteers in charities, sports clubs, youth organisations, outdoor activity providers, and cultural organisations.
- Existing Staff: The legislation does not dictate that an organisation must remove an individual from their role solely because a DBS check application is being processed. Decisions regarding whether an individual can continue their duties pending a check remain a matter for the employer, who must take their risk assessment processes and safeguarding responsibilities into account.
Best Practices and the DBS Update Service
While the law does not strictly forbid individuals from working while an updated check is processing, best practice dictates implementing robust risk assessments and safeguarding measures if they begin or continue their duties before the certificate arrives. There are some organisations covered by existing guidance – for example early years settings need to remember that changes to the Early Years Foundation Stage Guidance mandate that a DBS is in place before someone starts working or volunteering.
Most organisations today use the DBS update service; as long as someone has a DBS on this service, organisations can use it. However, organisations must physically see the original documentation and run a status check on the update service before the person officially begins work. Furthermore, it is essential to create an audit trail to legally show that this check was completed.
Taking a Rounded Approach to Safeguarding
A DBS check is an essential tool, but true safer recruitment requires a rounded approach. This involves actively talking to candidates, utilising motivational interviewing to understand why they want the role, exercising professional curiosity, and meticulously exploring any gaps in their CV.
If you are looking to strengthen your organisation’s procedures or need help navigating these new regulations, please get in touch to learn more about comprehensive safer recruitment training.