The Disclosure and Barring Service (DBS) framework is an important part of safer recruitment in childcare, education and other settings involving children. It helps eligible organisations assess whether someone has relevant criminal-record information or is barred from working with children. A DBS check is only one part of a wider safeguarding system, which should also include references, identity checks, suitability assessments, effective supervision and a strong organisational culture.

From 1 September 2026, the law in England changes the definition of regulated activity with children. The existing supervision exemption is being removed. This means some people whose work was previously treated as supervised activity may become eligible for, and require, a different level of DBS check.

The practical effect is likely to be greatest for regular volunteers, placement students, parent helpers and other unpaid people who teach, train, instruct, care for or supervise children. Nursery managers should not assume that every nursery worker needs a new DBS check automatically. Each role must be assessed according to its duties, frequency, setting, supervision arrangements and current DBS eligibility guidance.

What the new DBS rules will change

### Removal of the supervision exemption

Before 1 September 2026, some people who taught, trained, instructed, cared for or supervised children could remain outside regulated activity if they were sufficiently supervised by someone already engaging in regulated activity with children.

From 1 September 2026, that exemption will no longer apply in England. Where a person performs the relevant activities on more than three days in any 30-day period, or overnight including between 2am and 6am, the activity may constitute regulated activity with children even where the individual is supervised.

The change follows amendments made through the Crime and Policing Act 2026. It applies to organisations working with children, including nurseries, children’s centres, schools and other early-years providers.

### Who may be affected

The main practical impact is likely to concern people whose roles previously relied on supervision to remain outside regulated activity, including:

Paid staff already working in regulated activity remain subject to the relevant requirements. The new legislation does not mean that every existing employee automatically needs a new certificate. Employers should reassess roles where duties, frequency, supervision or access to children have changed.

Enhanced DBS checks and Children’s Barred List information

### An Enhanced DBS check

An Enhanced DBS check can disclose relevant convictions, cautions and other information held by the police where disclosure is considered appropriate and lawful. It may be suitable for roles involving work with children that are eligible for an enhanced check but do not meet the legal definition of regulated activity.

For example, a supervised or infrequent helper may be eligible for an Enhanced DBS check in the child workforce, depending on the role and the applicable eligibility rules, without being eligible for a barred-list check.

### An Enhanced DBS check with Children’s Barred List information

An Enhanced DBS check with Children’s Barred List information is more specific. It is available only where the role is legally eligible, generally because the person is engaging in regulated activity with children.

From 1 September 2026, a volunteer who teaches, trains, instructs, cares for or supervises children more than three days in a 30-day period, or overnight, will generally fall within regulated activity even if supervised. In these circumstances, the organisation should assess whether an Enhanced DBS check with Children’s Barred List information is required before the person undertakes the relevant work.

Employers must not request barred-list information simply because someone works in a nursery or has contact with children. The level of check must match the legal eligibility of the role. Review DBS guidance for employers whenever a role is created or materially changed.

What this means for nursery roles

### Regular nursery staff

Most paid nursery practitioners and other employees with regular contact with children are already working in regulated activity, subject to the precise nature of their role and setting. The 1 September change does not automatically require every employee to apply for a replacement DBS certificate.

Managers should verify that existing checks were obtained at the appropriate level, that the role description remains accurate and that any change in duties has been assessed correctly.

### Volunteers and parent helpers

Regular volunteers are more likely to be affected. A parent who assists every week, for example, may previously have relied on the supervision exemption. If the role involves caring for, instructing or supervising children on more than three days in a 30-day period, it may now constitute regulated activity.

By contrast, a fully supervised parent or carer who helps only occasionally, such as on a one-off daytime trip, will generally remain outside regulated activity, provided they do not provide personal care or take part in overnight activities. A nursery may still consider other proportionate suitability checks, but barred-list information cannot be requested for a role that is not legally eligible.

### Placement students and occasional helpers

Placement students should be assessed according to the actual frequency and nature of their placement rather than their title. A student attending regularly and undertaking activities involving children may require an Enhanced DBS check with Children’s Barred List information, while a genuinely one-off visitor may be treated differently.

Ofsted and DBS guidance for childcare providers provides further information about students, volunteers, existing certificates and suitability checks.

Practical action checklist for nursery managers

### Map every relevant role

Create a current list of employees, volunteers, placement students, agency workers and regular visitors who may teach, train, instruct, care for or supervise children. Record whether their involvement is paid or unpaid, supervised or unsupervised, regular or occasional.

### Review frequency and overnight activity

Check whether each role takes place on more than three days in any 30-day period or overnight. Where a person volunteers across multiple settings, DBS guidance indicates that each relevant day may count towards the frequency condition.

### Assess the correct DBS level

Review whether each person needs:

Do not use the barred-list option unless the role meets the legal eligibility requirements.

### Check existing certificates and records

Review the level, workforce category, date and details of existing DBS certificates. DBS certificates do not have a fixed statutory expiry date, but information may become outdated, and a certificate obtained for one role may not provide the same assurance for another.

Where appropriate, consider the DBS Update Service, while recognising that employers must still make a lawful and proportionate suitability decision.

### Update recruitment and volunteer policies

Revise safer-recruitment, volunteer, placement, induction and safeguarding policies so they reflect the removal of the supervision exemption from 1 September 2026. Policies should also explain the limited exception for genuinely occasional, fully supervised helpers.

### Refresh safeguarding training

Provide updated nursery safeguarding training so managers, designated safeguarding leads, employees and volunteers understand the new expectations, reporting arrangements and boundaries of supervised activity.

### Maintain clear records

Keep a training and compliance record showing:

### Obtain specialist advice where necessary

Where the correct interpretation is uncertain, consult the DBS, Ofsted, local safeguarding partners or an appropriately qualified adviser. A cautious, documented assessment is preferable to applying an inappropriate check or relying on an outdated assumption.

DBS checks do not replace safer recruitment

A DBS check cannot confirm that someone has the values, judgement, communication skills or practical competence required to work safely with young children. It cannot predict future behaviour or substitute for effective management.

A comprehensive safer-recruitment process should include:

The new rules should be understood as one element of a wider safeguarding framework, rather than as a complete compliance solution.

The EYFS framework from 1 September 2026

The updated Early Years Foundation Stage statutory framework for group and school-based providers also takes effect from 1 September 2026. The revised framework is relevant to safer recruitment, suitability assessments and checks for people who work or volunteer in early-years settings.

Nursery managers should review the current framework alongside local authority requirements, Ofsted guidance and local safeguarding-partnership expectations. This article is not a complete guide to the EYFS changes. It highlights the importance of reviewing DBS procedures, safeguarding policies, staff induction and ongoing training together rather than in isolation.

How XcENTRIK Solutions can support your team

XcENTRIK Solutions is an inclusive training and development partner for nurseries, children’s centres and childcare employers. Our support can help organisations develop the knowledge, confidence and practical capability required for safer, more inclusive provision.

Relevant subjects may include:

Course availability, delivery methods and approval arrangements vary by programme. XcENTRIK Solutions is accredited with NCFE CACHE, accredited with PQS SSIP Health and Safety, and is a CPD Approved Provider. The relevant accreditation applies according to the individual course and its approval arrangements; not every course carries all three credentials, and course completion does not guarantee regulatory compliance.

Explore XcENTRIK’s online training options or regulated qualifications to identify suitable development pathways for your team. Contact XcENTRIK Solutions to discuss your nursery or children’s-centre training needs and identify suitable courses and delivery options.

Conclusion

The removal of the supervision exemption on 1 September 2026 is a significant change for organisations that involve regular volunteers and other supervised people in activities with children. It does not mean every nursery worker needs a new DBS check automatically. Employers must examine each role against the updated definition of regulated activity and select the correct level of check.

For most nursery managers, the immediate priorities are to map roles, review frequency and duties, reassess volunteers and placement students, update policies, refresh safeguarding training and maintain accurate records. Combined with robust safer recruitment, effective supervision and a positive safeguarding culture, these steps can support safer and more confident early-years practice.

Official sources and disclaimer

This article provides general information for nursery managers, children’s-centre leaders and childcare organisations in England. It is not legal, regulatory or safeguarding advice. Rules and official guidance may change, and requirements can differ according to provider type, role, setting and local arrangements. Employers should verify current official guidance and obtain specialist advice where needed.

Official sources include DBS guidance on the change to regulated activity with children from 1 September 2026, Department for Education guidance on removal of the supervision exemption, the EYFS statutory framework for group and school-based providers, Ofsted and DBS checks for childcare providers, and DBS guidance for employers.