If your school or college organises work experience placements, the changes brought in by the Crime and Policing Act 2026 affect you directly. The removal of the supervision exemption from regulated activity (covered in detail in our accompanying article on volunteers) applies equally here. KCSiE 2026 rewrites the work experience section in a way that's both clearer and more demanding.

What has changed?

Under the 2025 guidance, two conditions both had to be met before a supervisor was considered to be in regulated activity: they had to be unsupervised themselves, and they had to have frequent contact with the child (more than three days in a 30-day period, or overnight).

The new single condition test

The 2026 guidance removes that dual condition. Paragraph 404 now provides that if the person providing teaching, training, instruction, care or supervision to the child will be doing so on more than three days in a 30-day period, or overnight, this is regulated activity. The only question is whether the frequency or overnight threshold is met.

The language is also more direct. Where the 2025 guidance suggested a school "could ask the employer" to ensure the person wasn't barred, paragraph 404 now states plainly that you must not allow someone on the barred list to take part in regulated activity. This isn't a recommendation - it's a legal obligation.

What remains unchanged?

Schools and colleges must still ensure that placement providers have policies and procedures to protect children from harm. The restriction on requesting enhanced DBS checks for 16- to 17-year-olds also remains. You can't ask a work experience provider to obtain an enhanced DBS check with children's barred list information for staff supervising children in that age group. Liaise with providers before any placement to ensure the necessary safeguards are in place.

Specified places and incidental contact

The provisions for specified places are retained. Where someone aged 16 or over undertakes work experience in a specified place, such as a school or sixth-form college, which gives the opportunity for contact with children, this may itself be regulated activity. The provider should consider whether an enhanced DBS check should be requested. DBS checks can't be requested for children under 16.

The 2026 guidance also adds a useful clarification: other individuals in the workplace who aren't involved in teaching, training, instructing, caring for or supervising the child aren't in regulated activity. The focus is on those directly engaged in supervising the child, not every adult who might have incidental contact with them.

What does this mean in practice?

From 1 September 2026, when organising any work experience placement, you need to ask one question: will the supervisor be providing teaching, training, instruction, care or supervision on more than three days in a 30-day period, or overnight? 

If yes, this is regulated activity and you must satisfy yourself that the supervisor isn't barred from working with children. Have this conversation with the placement provider when organising the placement and be clear on what level of assurance you need before allowing it to proceed.

Supervision where no checks have been carried out

Where no checks have been carried out on a supervisor who isn't in regulated activity, you should satisfy yourself that appropriate supervision is in place throughout the placement. The statutory supervision framework under Annex E of KCSiE 2025 no longer applies, but the standards it set out remain a useful reference point: 

• The supervisor should be in regulated activity themselves.
• Supervision should be regular and ongoing rather than concentrated at the outset.
• It should be reasonable in all the circumstances for the protection of the child. 

What's reasonable will depend on the child's age and vulnerability, the nature of the placement, and the working environment.

Duty to refer to the Disclosure and Barring Service

The duty to refer individuals to the DBS applies in the work experience context, just as it does for paid staff and volunteers. If a school removes someone from regulated activity — or would have done so had they not already left — and believes that person has engaged in harmful conduct towards children, satisfied the harm test, or been cautioned or convicted of a relevant offence, a referral to the DBS is legally required.

Where the concern involves a placement provider's staff

Where the concern involves someone employed by the placement provider, the position is more nuanced. The referral duty is linked to the power to remove, and where the individual works for the provider, it's the provider who holds that power and carries the referral obligation.

Your safeguarding responsibilities still apply. You should withdraw the child from the placement immediately, follow your own safeguarding procedures, and notify the provider so they can investigate and fulfil their own duty to refer. Build clear provisions into your placement agreements to address this, including the provider's obligation to notify the school and make a DBS referral where needed. Any school facing a specific concern should seek legal advice.

What should schools and colleges be doing now?

Review your work experience processes and documentation before the autumn term. Update placement agreements, letters and risk assessment templates to reflect the revised threshold and make sure staff responsible for organising work experience understand the new single condition test. Start conversations with placement providers early, so that both parties are clear on their obligations before any placement begins.