School leaders are warning that requirements for checks on employers offering work experience could scupper government plans for a national mission expanding these opportunities.
There have been urgent calls for clarity on what it is expected from employers and schools, as heads report that businesses are already withdrawing from offering placements because of the burden of paperwork amid legal concerns.
These concerns relate to a change introduced through the Crime and Policing Act 2026.
One multi-academy trust leader told Tes this change now means that managing or training a student on work experience is classed as a regulated activity when this was not previously the case.
The concern is that the change could mean employers needing Disclosure and Barring Service (DBS) checks for staff involved in the oversight of work experience and that businesses - particularly smaller ones - will be unable to offer placements as a result.
Risk of ‘torpedoing’ work experience
Dan Morrow, chief executive of Cornwall Education Learning Trust, said: “I can see why they wouldn’t have thought about the impact of the [safeguarding] changes downstream but many employers are now saying they will not be able to offer placements just as there is now a huge policy move from the government to expand work experience.”
The change is also having an impact on special schools.
Marijke Miles, headteacher of Baycroft School, a special school in Hampshire, said: “There is an urgent need for clarification about what the new expectations for DBS checks mean for schools and employers offering work experience.
“My careers staff are really concerned about placements being withdrawn which have been perfectly safely assessed and massively beneficial for years because of the additional burden this appears to create for employers - especially smaller, local operations on whom we tend to rely.”
She added: “Schools have the Gatsby Benchmarks which rightly set out aspirations for quality career opportunities for all young people. We need to make sure that these are not torpedoed by unclear guidance and unnecessary barriers to accessing placements.”
Margaret Mulholland, SEND and inclusion specialist at the Association of School and College Leaders, said: “The Crime and Policing Act has changed the law around regulated activity with children by removing a supervision exemption, with Keeping Children Safe in Education updated to reflect this. This means that anyone training, caring, instructing or supervising children for more than three days in any 30-day period will be in regulated activity.
“This is going to have various implications for schools, but there are particular concerns regarding the need for enhanced DBS checks, and the time and costs involved in obtaining these for schools working with volunteers.”
She added: “We are also concerned that it will disincentivise employers from offering week-long work experience activities and placements to under 16s. Considering the benefits these placements can have, and the government’s renewed focus on preparing young people for work, this would be a real problem.”
The Careers and Enterprise Company (CEC), a national careers body, has said it is in urgent contact with the government to seek clarity on what the changes will mean for schools and employers offering work experience.
Questions over business outreach
The CEC stated: “We recognise that the changes introduced through the government’s Crime and Policing Act 2026, alongside the updated Keeping Children Safe in Education, may raise questions for educators and employers, particularly in relation to business outreach activities.”
It added that the updated Keeping Children Safe in Education guidance (better known as KCSIE) became statutory on 1 September and that it “changes the definition of regulated activity by removing the supervision exemption”.
This, it said, “raises important questions about the implications for current and future work experience and volunteering activities”.
The Disclosure and Barring Service has published a “myth-busting” document about the changes.
It says the legislation does not create a new requirement for organisations to carry out DBS checks, nor does the DBS mandate that checks must be obtained. It adds: “Employers and organisations remain responsible for assessing their roles and determining whether a DBS check is appropriate and what level of check is legally available.”
A government spokesperson said: “Safeguarding children must be the ultimate priority. These changes make sure individuals who regularly work with children can be subject to checks, where appropriate.
“The Disclosure and Barring Service regularly updates guidance with examples on how the legislation should be interpreted in practice.
“More widely, we are working with employers, schools, local authorities and other partners to expand high-quality work experience placements to prepare young people for jobs of the future.
Last month the government announced that there would be a new “national mission on work experience” and a “call to arms” to employers, with the hope of providing 200,000 extra placements for students between the ages of 14 and 16.
The plans will rely on mayors and local authorities “helping to make links” between schools and employers, including in sectors such as accountancy and construction.
The newly opened No 10 North will ensure work experience placements are available to 14- to 16-year-old students from this year, the DfE said, having hosted regional mayors, business leaders and heads last month to shape plans for technical education.