EYFS 2026 - Safeguarding Changes

You will find the new EYFS for childminders (and for group providers) alongside the current version.

DfE has already notified early years providers about these changes:

3.86 - safer sleep - a simplified version of the changes DfE has prepared the sector for, which will be law from 1st September 2026. See the safer sleep guidance for more information.

3.81 - banned dog breeds - must not be kept on registered childcare premises.

3.93 - screen use - 'Practitioners must have regard to the following guidance on children's screen use in early years settings' and a link to the Help for early years providers website.

Let's take a closer look at the other safeguarding clarifications noted in the 'show all updates' paragraph on the EYFS 1st September 2026 page:

3.4 - Lead safeguarding duty

The 2025 wording said that you 'Must know how to contact' local children's services / Safeguarding Partners.' The 2026 version says that you 'must know how and when to contact' them.

What does this mean? You must ensure you have your Local Safeguarding Partners threshold information with your Safeguarding Policy and that you know how to contact them (phone, email etc) and when to contact them.

3.11 and footnote - Threshold for reportable allegations

The 2025 wording required notifying Ofsted of allegations of 'serious harm or abuse.' The 2026 version removes the word 'serious' and requires notification of allegations of 'harm or abuse,' with a new footnote linking 'harm' to the statutory definition in s31(9) Children Act 1989 - ill-treatment, impairment of health or development, including impairment from witnessing ill-treatment of another.

What does this mean? From Sept 2026 there will be a lower bar for what must be reported which includes children witnessing domestic abuse.

3.14 - Suitability letter

DfE has added an explicit new line: 'Childminders and any assistants must be cleared as 'suitable' by Ofsted … via the suitability letter before they can begin working in the setting.'

What does this mean? The wording closes the previous gap where an unchecked person might work fully supervised by the childminder while waiting for their suitability letter from Ofsted. Previously the childminder could fully supervise the assistant while they were waiting for their suitability letter from Ofsted as long as they were not in ratio or allowed to carry out personal care.

3.17 and footnote - Volunteers brought into scope of DBS / barred list checks

The EYFS 2026 states, 'Enhanced criminal records checks and barred list checks are required by Ofsted … for any relevant people including volunteers.' 3.17 references footnote 19 which states, 'Except supervised volunteers who only help out occasionally, such as parents or carers helping out on a trip (but not overnight or if providing personal care)'.

The footnote explains that the Crime and Policing Act 2026 amended the Safeguarding Vulnerable Groups Act 2006 to remove the previous exemption for supervised unpaid activity (volunteers). Teaching, training, instructing, caring for or supervising children (paid or unpaid) is now 'regulated activity' and requires DBS checks if it's frequent (on more than 3 days in a 30-day period), overnight or involves personal care.

Note that 'personal care' is defined as covering help with eating, drinking, toileting, washing, bathing and dressing.

What does this mean? Previously, occasional supervised volunteers were exempt from DBS checks. That exemption is now narrower.

3.18 - Disclosure duty on assistants

Childminder assistants must now disclose 'any information which may affect their suitability... including, but not limited to, arrests, charges, convictions, cautions, court orders, reprimands and warnings'.

What does this mean? Previously the list stopped at convictions, cautions, court orders, reprimands and warnings - arrests and charges are new additions to the list. You will need to update safer recruitment documentation and deliver staff training.

3.24 and footnote - Disqualification-by-association tightened

The 2025 wording stated that living with a disqualified person 'may also' disqualify a childminder or assistant, who 'may... be able to obtain a waiver.' Now, they 'will also be disqualified' in that situation and 'must apply' to Ofsted for a waiver if they want to keep working. A footnote links to further guidance.

What does this mean? The wording has been changed from a possibility that the childminder or assistant might need a waiver to an automatic consequence with a defined route.

3.30 and footnote - Smoking and vaping

A new footnote (28) clarifies that smoking in a vehicle with anyone under 18 present is prohibited under section 5 and section 8 of the Health Act 2006.

What does this mean? This is new information, not in the 2025 EYFS. You must not smoke in a car with any age of child.

3.49 and footnote - Ratios clarified to apply across the whole setting, not per room

New sentence: 'The ratio requirements below apply to the total number of people available to work directly with children, across the whole provision, not just each room.' Footnote 32 remains, 'Ofsted … may determine that childminders must observe a higher staff: child ratio than outlined here to ensure the safety and welfare of children.'

What does this mean? This change in wording closes any ambiguity for multi-room settings about supervision and staff deployment.