From 1 September 2026, supervision will no longer keep an otherwise qualifying role outside regulated activity with children. Schools in England should review the activity, frequency and overnight conditions for each role.
Use the five questions below. Keep the decision with the authorised HR or safer-recruitment lead, apply sector guidance, and record the evidence. Pupil data cannot determine regulated activity or DBS eligibility.
Keep today's rules and the 1 September change separate
On 26 August, Keeping children safe in education 2025 remains the statutory guidance in force for schools and colleges in England.
KCSIE 2026 is published for preparation and starts on 1 September. The legal definition changes that day under the Crime and Policing Act 2026. Working Together 2026 is already current statutory guidance.
The Department for Education's sector guidance says the main affected group is supervised volunteers. The Disclosure and Barring Service clarified on 25 August that paid roles and settings beyond education may also be affected.
The DBS also says the legislation itself does not create a universal duty to obtain a check. Schools must still follow KCSIE and the DfE's sector guidance. One official clarification must not be used to cancel another.
Ask five questions about the role itself
Start with the work that will actually happen after 1 September. Job titles, volunteer labels and the presence of a supervisor are incomplete evidence.
- What activity will the person carry out? Record whether they teach, train, instruct, care for or supervise children. Link to the controlled role description or duty plan.
- Where will it happen? Check the setting and whether another regulated-activity category applies. This article covers the supervision exemption change, not every route into regulated activity.
- How often will it happen? The official period condition includes activity on more than three days in any 30-day period. For volunteers, activity across multiple settings can count together.
- Will there be overnight activity? One overnight occasion between 2am and 6am can meet the condition where there is an opportunity for face-to-face contact.
- What check and management action follow?Inspect the existing certificate and barred-list information. Apply current KCSIE, DfE guidance, DBS eligibility rules and the employer's authorised process.
Name the reviewer, decision date, source version, evidence inspected and next review. Reopen the record if duties, frequency, settings or official guidance change.
Walk one synthetic rota through the review
The following details are made up and combine no real staff, volunteer, pupil, school or customer information. They illustrate a process, not a decision about an individual.
The first signal is a weekly helper role previously treated as outside regulated activity because a teacher supervised every session. The role description alone does not show the planned frequency.
A rota shows four mornings within one 30-day period. A second source records similar activity at another setting. The safer-recruitment lead checks both records and the official criteria.
A cohort timetable shows that some sessions support pupils who use communication adjustments. That context may shape briefing, access and deployment. It does not change the legal activity test or prove which DBS check is available.
The safer-recruitment lead owns the role and eligibility review. The DSL checks the safeguarding process. The SENCo shares only the minimum information needed for accessible delivery. Local policy governs any temporary arrangement.
The record cannot prove suitability, that a check is clear, that supervision is effective or that any child is safe. It should be reviewed before the role starts and whenever the actual duties change.
Do not let connected pupil data answer an employment question
Attendance, behaviour, health, SEND and safeguarding records may explain the support a group needs. They cannot classify an adult's role, establish DBS eligibility or decide whether someone may work pending a check.
Keep recruitment evidence in the authorised workforce or HR source. Keep detailed safeguarding narratives in the safeguarding record. Use links, ownership and review metadata instead of copying sensitive content into a general dashboard.
If a live concern arises, follow the school's child protection policy, contact the DSL or deputy and use the relevant local or emergency route. Do not wait for a role-review record or a data refresh.
Keep the recruitment decision in its source record
Student Radar is not a DBS eligibility or safer-recruitment decision system. Keep the role classification, certificate evidence and employment decision in the school's authorised workforce record.
Safeguard supports controlled concern recording, including a separate route for staff-related concerns. The DSL Action Board keeps authorised ownership and review points visible.
Those records can support a human safeguarding review after a concern is raised. They cannot determine regulated activity, infer suitability, score risk, substantiate harm or make a referral.
Sources and further reading
- Disclosure and Barring Service, Regulated activity with children: myth busting the September 2026 supervision exemption changes, official advice published 25 August 2026.
- Disclosure and Barring Service, Change to the definition of regulated activity with children from 1 September 2026, official advice published 4 August and updated 20 August 2026.
- Department for Education, Regulated activity: removal of the supervision exemption, England sector guidance updated 29 June 2026.
- UK Parliament, Crime and Policing Act 2026, legislation underpinning the definition change.
- Department for Education, Keeping children safe in education, statutory guidance page updated 7 July 2026. KCSIE 2025 applies through 31 August; KCSIE 2026 starts on 1 September.
- Department for Education, Working together to safeguard children 2026, current England statutory guidance published 18 March 2026.
Review the broader KCSIE 2026 readiness questions, then test each affected role against the current official sources and the school's authorised safer-recruitment process.