DBS legislation: Changes effective from 1 September 2026

Photo: Samuel Holdsworth

From 1 September 2026, the definition of regulated activity with regards to DBS checks will be changing.

The Crime and Policing Act 2026 has removed the "supervision" exemption from regulated activity. In practice, this means that individuals who work frequently with children whilst under the supervision of another person will now be in regulated activity, and therefore legally required to complete an Enhanced DBS and barred list check. 

This change will come into effect on 1 September 2026. It only applies to England and Wales – those operating in Scotland are not affected.  

What is the barred list?

The barred list is not a criminal record; it is a register of individuals who are legally barred from working with children. An individual can be barred from working with children without having a criminal conviction.

Why is this happening?

This legislative change has been brought in to strengthen safeguarding processes and address a loophole whereby people who were on the barred list could work with children whilst under supervision.

What does this mean for clubs and academies?

Affiliated organisations should ensure that any roles which involve working with children and have not previously required a DBS check, are reviewed to determine if a DBS check is now required. 

Please see the updated regulated activity flow diagram here.

If you have any questions, please email Mark Vaughan, safeguarding lead, at welfare@snowsportengland.org.uk.