The Crime and Policing Act 2026 is changing the definition of Regulated Activity relating to Children. From 1st September 2026, the ‘supervision clause‘ is being removed from legislation which means that sufficient supervision by someone else in regulated activity with children will no longer be a factor when determining whether certain activities are regulated activity.
Who is affected?
- In Regulated Childcare Settings (Schools, Academies, PRUs, Nurseries, etc): Volunteers who work in regulated childcare settings at least once a week or more, or 4+ times in any 30 day period, or overnight (2am-6am), with the opportunity for contact with the school children in the course of their duties, will be in Regulated Activity regardless of whether they are supervised. Refer to DfE guidance here.
• Outside of Regulated Childcare Settings: Youth Clubs – Volunteers and paid staff who teach, instruct, train, care for or supervise children at least once a week, or more or 4+ times in any 30 day period, or overnight (2am-6am), will be in Regulated Activity regardless of whether they are supervised.
What happens now?
At this stage we would recommend reviewing the eligibility of roles in your organisation to determine if any will be affected by the upcoming change.
When the change comes into force: Whether a new check is required, and when it is obtained, is a decision for the employer/regulator etc. taking account of their safeguarding arrangements. As always, organisations should consult any specific guidance relevant to their sector.