The proposed changes to keeping children safe in education guidance for September are the most significant updates to safeguarding in schools for a decade. As such, a further tightening of safer recruitment guidance will have come as no surprise. What is the change? The supervision exemption will be removed from September 1, so any unpaid person who “teaches, trains, instructs, cares for, or supervises” children will be considered to be in “regulated activity” if it is carried out frequently, or if it meets the period condition. The period condition means: on more than three days in a 30-day period overnight In essence this means supervising volunteers who haven’t been fully checked will no longer be good enough. All those who fall into this category must have undergone an enhanced DBS check with children’s barred list information. This is the highest level of criminal record screening in England and Wales, enabling those checking to access details of any spent and unspent convictions, police intelligence and if the individual is barred from working with children. The move is part of the Crime and Policing Act 2026 and follows a recommendation from the independent inquiry into child sexual abuse. If it sounds like something that many schools and colleges are doing already, that’s because they probably are. ‘Over-checking’ In our experience, schools take their safeguarding responsibilities extremely seriously and, if anything, are often guilty of “over checking” – taking the cautious approach of seeking barred list information even where it is not needed. This is also partly because whether volunteers meet the definition of regulated activity can sometimes feel like a bit of a grey area and so schools choose to use all the tools at their disposal, whether strictly necessary or not, to protect their pupils and themselves. As well as strengthening current safeguarding measures, the changes are likely to simplify the process in the long term. But the timing could be considered less than ideal. The Department for Education has form for delivering such announcements at the tail end of the summer term, leaving what many consider insufficient time to prepare in advance of the new school year. But regardless, schools will be forced to take action to ensure they comply or face serious consequences. What steps should they take before September 1? For a long time supervision has been a common workaround for schools using volunteers, especially where completion of full safer recruitment checks remains pending. This change in policy means that they must now look at carrying out an immediate and comprehensive audit of all such roles. This may include, for example, volunteers who come into school to assist children with reading or on overnight school trips. Complications The changes will not apply to visitors or volunteers who do not help out frequently or more than three times a month or overnight, but anyone who does should be stood down immediately until a full enhanced DBS with children’s barred list check has been done. The biggest complication is likely to be where individuals volunteer in multiple settings. “If they volunteer for four days a month, even if each of the four days in that month is in a different school, then they are considered to be in regulated activity,” the guidance states. The DfE encourages schools to work together to decide who should apply for the checks. What are the risks of non-compliance? The statutory safeguarding guidelines are there for very good reason, but it is an onerous compliance regime and mistakes do happen. The consequences can be severe. It is a criminal offence for an organisation or individual to allow a barred person to work or volunteer in regulated activity and prosecution carries penalties that range from a fine to a custodial sentence. Safer recruitment checks are also closely checked by Ofsted and the Independent Schools Inspectorate, and are a common reason for inspection failings. Failure to comply with safeguarding standards would also inevitably lead to a finding of a failure in leadership and governance. For these reasons it is vital for schools to use the summer to ensure they have fully audited their safer recruitment processes for compliance ahead of the new academic year in September.