New DBS rules from September 2026: what early years providers need to know about volunteers and regulated activity

From 1 September 2026, an important safeguarding change will come into force which early years providers need to be ready for.

The Government has confirmed that the supervision exemption for regulated activity with children will be removed. In simple terms, this means that some volunteers who may previously have fallen outside regulated activity because they were supervised will now be treated as being in regulated activity if they meet the relevant threshold.

For nurseries, pre-schools, out of school clubs and other childcare settings, this is one to prepare for now.

What is changing?

At the moment, some unpaid volunteers who work with children may not be classed as being in regulated activity if they are properly supervised by someone who is already in regulated activity.

From 1 September 2026, that exemption will be removed.

This means that unpaid work such as teaching, training, instructing, caring for or supervising children will be regulated activity if it is carried out frequently, or if it meets the period condition.

The period condition is met where the person carries out the activity:

• on more than 3 days in a 30-day period; or
• overnight.

The Government guidance confirms that all volunteers engaging in regulated activity will need an enhanced DBS check with children’s barred list information.

Does this change affect paid staff?

For most early years employers, the answer is no.

GOV.UK guidance is clear that all paid staff who have contact with children are already in regulated activity. That has not changed.

Early years providers should already be carrying out the appropriate safer recruitment checks for paid staff, including an enhanced DBS check with children’s barred list information where the role is in regulated activity.

The group most affected by this change is volunteers.

Why does this matter?

This change closes a safeguarding gap.

Previously, a volunteer working regularly with children may not have been in regulated activity if the setting decided that they were sufficiently supervised. That meant the setting may not have been able to request a children’s barred list check for that person.

From September 2026, if the volunteer is carrying out regulated activity, the setting will need to check that they are not barred from working with children.

This is important because it is a criminal offence for:

• a barred person to engage in regulated activity; and
• an organisation to permit a barred person to engage in regulated activity.

What types of volunteer roles could be affected?

Early years settings should review any unpaid roles where the person may be involved in caring for, supervising, teaching, training or supporting children.

This could include, depending on the frequency and duties:

• regular parent volunteers;
• committee members who help in the setting;
• students or unpaid helpers;
• volunteers supporting trips or sessions;
• volunteers helping with activities, play or mealtimes;
• unpaid assistants who attend regularly.

The key question is not simply “are they supervised?” The key question becomes whether the person is doing work with children often enough, or in a way that meets the period condition, to bring them into regulated activity.

What about occasional parent helpers?

Occasional helpers will not automatically need an enhanced DBS check with children’s barred list information.

The Government guidance gives examples such as parents helping at an occasional PTA event or on a school day trip that is not overnight. Where someone helps on a less frequent basis and does not meet the regulated activity threshold, they may not be caught by the new requirement.

However, settings should be careful not to rely on assumptions. A parent who helps “now and again” may become a regular volunteer over time. Once they are helping on more than 3 days in a 30-day period, the position may change.

What about overnight trips?

The guidance confirms that volunteers helping on overnight school trips will be in regulated activity and will need an enhanced DBS check with children’s barred list information.

Early years providers and out of school clubs should take particular care with any residential trips, sleepovers or overnight provision where volunteers are involved.

What should early years providers do now?

Although the change does not come into force until 1 September 2026, providers should start preparing well before then.

We recommend that early years leaders:

1. Audit all volunteer roles
   Make a list of every unpaid role in your setting, including informal parent helpers, students, committee members and regular volunteers.
2. Check what each person actually does
   Look at whether they teach, train, instruct, care for or supervise children, and how often this happens.
3. Monitor frequency
   Keep a record of how often volunteers attend. This will help you identify when someone meets the “more than 3 days in 30 days” threshold.
4. Update your safer recruitment procedures
   Your volunteer recruitment process should reflect the new requirement from September 2026.
5. Plan DBS checks in advance
   Do not leave this until the first week of September 2026. If you rely on regular volunteers, plan ahead so checks can be completed in time.
6. Review your volunteer agreements and induction paperwork
   Make sure volunteers understand their safeguarding responsibilities, supervision arrangements and the checks required for their role.
7. Think about the DBS Update Service
   The Government guidance encourages volunteers who apply for an enhanced DBS check with barred list information to consider joining the DBS Update Service. For volunteers, this is free.

What happens if a volunteer is barred?

If a person is barred from working with children, they must not engage in regulated activity.

Where a barred person is currently volunteering in a supervised role affected by this change, they will need to stop volunteering in regulated activity. The setting must not permit them to continue in that role.

This is why it is important to identify affected roles early and make sure the correct checks are carried out.

Practical message for nursery leaders

This change is not about creating unnecessary admin. It is about making sure anyone who works regularly with children, whether paid or unpaid, is subject to the appropriate safeguarding checks.

For early years providers, the biggest risk is likely to be informal arrangements that have grown over time.

For example:

• a parent who started by helping occasionally but now attends every week;
• a committee member who regularly supports sessions;
• a student or unpaid helper who is in the setting several days a month;
• a volunteer who is always supervised but is still working directly with children.

From September 2026, supervision will no longer take those roles outside regulated activity if the activity and frequency thresholds are met.

Final thought

Early years providers are already used to thinking carefully about safer recruitment. This change simply means that volunteer arrangements need the same level of scrutiny.

The best step you can take now is to review your volunteers, identify who may be affected, and build the new DBS requirement into your safer recruitment process before September 2026.

If you are unsure whether a volunteer role is caught by the new rules, take advice before allowing the arrangement to continue. You can contact us on 01527 909436.

For further support, you can find our Volunteers Policy over on our shop.