Supervision no longer automatically excludes an individual from being considered to be undertaking regulated activity. As a result, anyone who regularly teaches, trains, instructs, cares for, or supervises children may now be classed as undertaking regulated activity, even where their work or volunteering is overseen by another adult.

This means clubs should review any roles that previously required an Enhanced DBS check without a Children's Barred List check because supervision placed them outside the scope of regulated activity. In light of the legislative changes, clubs should consider whether these roles now meet the criteria for regulated activity and therefore require an Enhanced DBS check with a Children's Barred List check.

Important reminder: Eligibility for an Enhanced DBS check is not limited to regulated activity. Individuals undertaking certain roles involving the teaching, training, instruction, care, or supervision of children may still be eligible for an Enhanced DBS check, even where the role is not classified as regulated activity. However, a Children's Barred List check can only be requested where the role meets the legal definition of regulated activity.