Update 28th May 2026

DfE - safer sleep follow-up questions

Childcare.co.uk members asked for more information relating to exceptions to the new safe sleep requirements that are being added to the Early Years Foundation Stage (EYFS) from September 2026.

Childcare.co.uk asked DfE:

'We would be grateful if you could offer further advice on how the information that providers cannot make any exceptions to the new rules aligns with the requirements of the Equality Act 2010, particularly in relation to making reasonable adjustments for children who have alternative sleep arrangements detailed in an established plan. We are keen to ensure that practice remains fully inclusive and compliant and would welcome any clarification or additional advice you can provide on this matter.

Childminders who mostly work or sleep babies and children outside are asking for more guidance on how to facilitate safe sleep in an outside environment. They have typically used buggies and / or prams for safety and wellbeing. However, now this option has been removed, there is a lot of confusion about what to do next and Lullaby Trust does not offer any solutions - they advise we speak to DfE.

Best regards, on behalf of Childcare.co.uk members.'

An early years policy advisor from DfE replied as follows:

Thank you for writing to the Department for Education about the safer sleep requirements for early years.

The Early Years Foundation Stage (EYFS) statutory framework sets the standards and requirements early years providers must meet to ensure that children have the best start in life and are kept healthy and safe.

The safety of our youngest children is our utmost priority and we continually monitor and review safeguarding requirements for early years settings to make sure children are kept as safe as possible. Tragically, there have been cases of children dying from unsafe sleep practices and we need to make sure we are doing all that we can to prevent this from happening again.

All early years providers are already required to meet the safer sleep requirements set out in the EYFS statutory framework which currently links to the NHS safer sleep guidance. We are planning to update the wording in the EYFS framework so the requirements are set out directly in the framework itself, so the requirements can be seen without having to link out to another place. This is due to come into effect from September 2026, subject to parliamentary and legislative process.

In relation to your query regarding exceptions to the requirements, as stated in EYFS guidance on exemptions, the Childcare Act 2006 does not allow for any exemptions from the safeguarding and welfare requirements of the EYFS. This means that all early years providers must meet the safeguarding and welfare requirements of the EYFS, including when a provider has been granted an exemption from any learning and development requirements. Therefore, a waiver signed by parents or carers does not exempt a setting from meeting the safeguarding and welfare requirements of the EYFS, of which safe sleep is a part. Providers should continue to consider the individual needs of children in their care whilst ensuring they meet the safeguarding and welfare requirements of the EYFS.

Regarding outdoor sleep arrangements, buggies, pushchairs and prams should not form the main separate sleep space for babies or children of any age.

Babies aged 12 months and under that fall asleep whilst travelling must be transferred to their cot once they return to the setting. Children aged over 12 months that fall asleep whilst travelling should, where possible, be transitioned to their own separate sleep space on a clear, flat, firm surface such as a cot, bed or suitable mattress on the floor upon return. A lie-flat pram or lie-flat pushchair should not be their main separate sleep space. The safest place for a baby to sleep is on a firm, flat surface. This helps to keep their airway clear and open.

The Department for Education does not offer advice on specific products to use. Providers must ensure their arrangements and spaces for sleep meet the EYFS requirements and take into account the individual needs of each child in their care.

Further guidance on the amended wording in the EYFS can be found on Help for Early Years. We also encourage early years providers to check The Lullaby Trust website for further advice and information.

Kind regards,

What does this tell us?

DfE has not allowed any accommodations or reasonable adjustments in the new requirements. Ofsted inspectors will not accept babies or children being placed down to sleep in buggies or prams, even if that is stated on their care plan or if the provider has parental permission.

Update 21st April 2026

On 20th April 2026, DfE answered some member questions about the new safer sleep requirements in an article on their 'Help for early years providers' website.

Updates were made to guidance on:

• Sleep monitoring - monitors can be used for over 6m. You must be able to see and hear the baby / child and visually check them regularly, including feeling their neck to check their temperature.
• Babies who turn over - this is ok when they can turn back again but they must be put down on their back.
• Comforters - can be used for children age 12m upwards.
• Suitable mattresses - BSEN standards codes were added to the guidance.
• Transitions when returning to the setting from an outing in the car - all babies and children must be transferred from the car seat to their sleep space, even if it wakes them up.
• Transitions when returning to the setting if they are asleep in a buggy - under 12m must be transferred to their sleep space: over 12m should where possible be transferred.
• A lie flat pram or buggy should not be their main separate sleep space.

It is your responsibility to ensure you are following safe sleep requirements and using appropriate equipment.

Some questions are still outstanding, especially in relation to Forest School settings and outside sleeping and the use of dummies. Childcare.co.uk will continue to ask DfE for answers, to ensure all members feel confident about the upcoming changes.

Update 1st April 2026

Olivia Bailey MP, Minister for Early Education and Minister for Equalities, has written to all early years providers to set out changes to the EYFS from September 2026 in relation to safer sleep. An email was sent to providers on 27th March stating that the EYFS will be updated to include the following:

'Babies and children must be placed down to sleep safely. For children under 2 years old, providers must ensure that:

• Children are placed down on their back in their own separate sleep space on a firm flat surface such as a cot, bed or mattress on the floor. Babies aged 1 year and under must only be placed to sleep in a cot.
• Sleep spaces should only contain a firm, flat, waterproof mattress and lightweight bedding which is firmly tucked in around the child below their shoulders to prevent head covering. Alternatively, a well fitted baby sleep bag may be used. Check the manufacturer recommendations before using a baby sleep bag.
• Where blankets are used, the child is placed feet-to-foot at the bottom of the cot, with blankets tucked in.
• Cots must not contain extra items such as toys, pillows, extra blankets, bumpers, wedges or straps.
• Children should not get too hot or cold. The recommended room temperature for babies is 16 – 20˚C.
• Children's heads are not covered.
• Children under six months of age must always have an adult with them in the same room for every sleep. All children must be frequently checked when sleeping.
• Children are always within sight and hearing of staff when sleeping.

Providers must ensure that all staff read NHS advice on Sudden infant death syndrome (SIDS). More information on safer sleep guidance is available from The Lullaby Trust.

DfE state that safe sleep must be in place now, following NHS and Lullaby Trust guidance. The Lullaby Trust website has a useful search function where you will find guidance on sleep pods (no), car seats (only when in the car) and sofas (no) - they are not a 'on a firm flat surface' with a 'waterproof mattress'.

The changes have been introduced after the death of a baby in a nursery in 2022 and following the Campaign for Gigi.

There are a number of outstanding questions from members about these changes. Be assured that Childcare.co.uk are working closely with DfE to answer member questions as quickly as possible.

Ofsted has recently made some useful comments which will help those members who have inspections coming up soon. For example, if babies or young children fall asleep on outings or the school run, that's fine. Think about ventilation, temperature, lying them flat and not having a blanket over their face. However, what Ofsted has also clearly stated is that buggies are not appropriate for indoor sleep - they have the wrong kind of mattress and don't allow babies and children to move around. This is a change to previously published advice from Ofsted and must be considered up to date and current.

Ofsted has also stated that they will plan a Vodcast with Foundation Years before the changes are introduced into the EYFS in September 2026.

If you have any questions, please contact the Department for Education - your feedback will be used to inform future information sharing.

More Safer Sleep information

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