EADA

 There has been a very recent and important change in safeguarding law which is directly relevant to dance schools, dance teachers, coaches and volunteers working with children in England.

The most significant change came into force on 1 September 2026, under the Crime and Policing Act 2026. It changes the definition of regulated activity with children by removing the “supervision exemption.”

Previously, somebody helping to teach or supervise children could sometimes fall outside “regulated activity” because they were being adequately supervised by another person. From 1 September, supervision no longer takes them outside regulated activity where they teach, train, instruct, care for or supervise children sufficiently frequently (or overnight). This is particularly relevant to assistant dance teachers, trainee teachers and volunteers. Where the regulated-activity conditions are met, an Enhanced DBS check including the Children’s Barred List becomes relevant.

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The wider out-of-school sector is also under review

This is potentially even more significant for the dance industry.

The Department for Education conducted a specific Out-of-School Settings (OOSS) safeguarding Call for Evidence in 2025. Importantly, its definition expressly includes sports and arts clubs, tuition, training and instruction—so independent children's dance schools fit squarely within the sector being considered.

The Government said in June 2026 that it was analysing the responses and continuing discussions with safeguarding partners and sector representatives before publishing its next steps.

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At present, however, there is still no single comprehensive statutory regulatory regime covering all children's out-of-school activities. The Government's own guidance says that staff and volunteers in these settings are not typically inspected or overseen by a regulatory organisation.

That distinction is quite important: there is new legislation affecting safeguarding within dance schools, but we have not yet reached the point where every private dance school is subject to an Ofsted-like statutory safeguarding inspection regime.

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What this means for the dance industry

The current DfE safeguarding guidance for out-of-school settings covers safeguarding and child protection, suitability of staff and volunteers, health and safety, and governance. It was updated as recently as 9 February 2026, including updated DBS material.

For a typical children's dance school, the September change means that organisations should now look carefully at everyone who actually teaches, assists, trains or supervises children, rather than assuming that an assistant does not require the higher-level check simply because a qualified teacher is present.

For example, a volunteer assistant who helps with a children's dance class several times each week may now be undertaking regulated activity even though the principal teacher remains in the studio throughout. The Government gives essentially the same example for a volunteer assisting regularly at a children's music club.

There is another development worth noting: the Government has also changed access to enhanced DBS/barred-list checks for certain self-employed people and people directly employed by families working closely with children or vulnerable adults.