Changes to the EYFS 2026 for Childminders

The Early Years Foundation Stage (EYFS) has been updated to use from September 2026. There are new versions for childminders and group settings. The latest version of the EYFS is here.

Note that Section 1 (learning and development) and Section 2 (assessment) of the EYFS are unchanged - all the amendments are found in Section 3 (safeguarding and welfare):

3.4 - instead of 'all practitioners' the EYFS now states that, 'Every person looking after children must be alert to any issues of concern in the child's life at home or elsewhere.' This is further expanded to state that, 'Childminders must know how and when to contact the local statutory children's services and the Local Safeguarding Partners.'

3.8 - repeats 3.4 stating, 'This must include when and how to report concerns' and extends the duty to ensuring everyone in the setting knows, 'the process that will be followed after staff report concerns.'

3.11 - notification of 'serious harm' is now 'harm' within 14 days - which broadens the requirement. Harm is defined in footnote 13 - 'means ill-treatment (including sexual abuse and forms of ill-treatment which are not physical), or impairment of physical or mental health, or impairment of physical, intellectual, emotional, social or behavioural development. It also includes, for example, impairment suffered from seeing or hearing the ill-treatment of another' which covers witnessing serious incidents and domestic violence.

3.14 - childminder assistants must have a suitability letter from Ofsted before they can start work in the setting - DBS, report new people in the setting to Ofsted, respond to any other Ofsted concerns or requests for further information and wait for suitability letter. This is in addition to other suitability checks.

Note that in group settings new employees and / or volunteers must not start work before their enhanced DBS check is received.

Footnote 19 - NEW - Crime and Policing Act removed the previous exemption for supervised volunteers who 'help out occasionally'. From 1st Sept 2026 volunteers must have DBS checks and an Ofsted suitability letter - the exemption has narrowed to volunteers helping fewer than 3 days in a 30-day period, not providing overnight or personal care.

3.18 - assistants must disclose 'arrests and charges' as well as 'convictions, cautions, court orders, reprimands and warnings' which broadens the scope of the requirement. The duty is confirmed as extending to people who have not yet started working at the setting (staff and prospective staff) and the wording changes from 'expected to disclose' to 'must disclose' which is a stronger obligation. Note that 'criminal records check' becomes 'criminal records and barred list check' throughout this paragraph.

3.21 - references changes from 'must obtain a reference' to 'must obtain at least one written reference' for any staff.

3.22 - you must provide a timely reference for current as well as previous staff.

3.24 - if a childminder is disqualified by association with someone who is disqualified, they must apply for a waiver which may be granted. Note that CODP household disqualification is also included.

3.26 - in the disqualification section, the list of disclosable grounds now includes 'caution' and reads 'any order, determination, conviction, caution, or other ground for disqualification.'

3.30 - the vaping sentence is extended to say, 'when children are present or about to be present'. Footnote 28 states that childminders must not smoke in a vehicle with children under the age of 18. Note that there is a consultation and the Tobacco and Vapes Bill progressing through Parliament that would extend the ban to vaping in vehicles with children present in the future.

Footnote 31 - there are a range of training providers for paediatric first aid.

3.49 - clarifies that ratio requirements apply to the total number of people available to work directly with children, across the whole provision, not just each room. Childminder ratios have not been changed.

3.64 - at each mealtime and snack time childminders must be clear about who is responsible for checking that the food and drink being provided meets all the requirements for each child.

3.65 - DfE has released allergy legislation for schools which is 'best practice' for early years. It covers, for example, allergy policies, individual healthcare plans and allergy safety on trips. A link has not been added to the EYFS 2026, but you might find it useful to read and adapt procedures where necessary.

3.66 - the link for weaning advice has been updated from 'Start for Life' in 2025 to 'Best Start in Life' in 2026. If you include it in any parent documents, you might want to update the link.

3.71 - childminders may wish to refer to the guidance issued by the Food Standards Agency and a link in footnote 39 to Safer Food Better Business for Childminders.

3.80 - providers must have an emergency evacuation procedure and footnote 42 has a link to Gov.uk Emergency planning and response for education, childcare and children's social care settings guidance.

3.81 - NEW - banned breed dogs are not allowed in childminding or CODP settings, with clarifications in footnote 43 - link to guidance and footnote 44 - even if the owner holds a certificate of exemption.

3.85 - daily access to an outdoor play area must be provided for all children.

3.86 - NEW - safer sleep requirements - also footnote 45. The EYFS brings explicit safer sleep statutory requirements directly into the EYFS framework and links to the Lullaby Trust.

Footnote 46 - if you are a childminder operating on non-domestic premises you must take 'all reasonable steps' to prevent unauthorised persons from entering the building where you are working.

3.90 - you should have regard to paediatric first aid requirements while on outings with children - this makes an existing expectation in 3.43 explicit.

3.93 - NEW - you must 'have regard to' children's screen use guidance (published July 2026) - under 2s (avoid), ages 2-5 (no more than 1 hour / day), always with adult co-engagement, not during meals or within 1 hour of sleep. Screen time should not replace active play, outdoor play or face-to-face interactions.

3.94 - shared records must be accurate as well as relevant.

3.104 - if you are CODP you must notify Ofsted about anyone new age 16+ who moves into, works from, lives in or spends significant time at the premises - and when someone aged 16+ leaves. This brings CODP in line with current childminder requirements.

Annex C - NEW - a link to free DfE safeguarding training. Note you will need to complete DSL training in addition to this course.

Things to do next

• Read through the changes - compare the 2025 and 2026 versions of the EYFS for more clarification if you are unsure.
• Reflect the changes in documentation - for example, you might need to update your Safeguarding Policy and safer recruitment documents. Childcare.co.uk has published updates to employment law that impact safer recruitment, and has published changes that will need to be made to safer recruitment documentation.
• Update parents about any relevant information - for example, safer sleep and screen time.
• Review policies and risk assessments - for example, safer sleep, safer eating (add drink) and online safety.
• Update staff / assistants in a training session.

Note that Ofsted's updated early years inspection toolkit (effective from 1st September 2026) makes compliance with statutory EYFS requirements (all 3 sections and annexes) a mandatory baseline before a setting can achieve a 'met' for safeguarding and an 'expected standard' grade or higher for the other inspection areas.