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2026 EYFS Changes Revealed: Is Your Setting Ready for the September Safeguarding Overhaul?

 

EYFS Statutory Framework Comparison (Effective September 2026)

 

Q1: What parts of the EYFS Statutory Framework remain unchanged between the 2025 and 2026 versions?

A: Section 1 (The learning and development requirements) and Section 2 (Assessment) remain completely identical. There are zero changes to the educational programmes, Early Learning Goals (ELGs), Progress Check at Age Two, or the Reception Baseline Assessment. All revisions are strictly concentrated in Section 3 (The safeguarding and welfare requirements).

Q2: What are the new 2026 rules regarding when a staff member or volunteer can start working?

A: The vetting threshold has been significantly tightened. Under 2025 rules, unchecked individuals were only barred from unsupervised contact. From September 2026, providers must not allow individuals to begin working or volunteering at the setting at all until they have received the applicant's enhanced criminal records and barred list check.

Q3: How have the rules regarding volunteer vetting changed for 2026?

A: The previous vetting exemption for supervised unpaid activity has been completely removed following amendments made by the Crime and Policing Act 2026. Both paid and unpaid activities (such as teaching, training, instructing, caring for, or supervising children) are now classified as regulated activity if they are carried out frequently, overnight, or on more than 3 days in a 30-day period.

Q4: What are the expanded suitability disclosure requirements for staff in 2026?

A: Staff and prospective staff must now explicitly disclose any arrests and charges that may affect their suitability to work with children. This is an addition to the 2025 requirements, which only explicitly mandated the disclosure of convictions, cautions, court orders, reprimands, and warnings.

Q5: What is the mandatory safe sleeping protocol for children under 12 months in the 2026 framework?

A: The 2026 framework introduces highly prescriptive, mandatory safe sleep rules for children under 2 years old, with distinct rules for babies:
Cot Mandate: Babies aged 12 months and under must only be placed to sleep in a cot.
Positioning: They must be placed on their backs on a firm, flat, waterproof mattress, positioned feet-to-foot at the bottom of the cot.
Environment: The cot must contain zero extra items: no toys, pillows, extra blankets, bumpers, wedges, or straps. Bedding must be lightweight and firmly tucked in below the shoulders, or a well-fitted baby sleep bag.

Q6: What are the supervision and temperature rules for sleeping children under the 2026 rules?

A: For babies under 6 months of age, an adult must always be present in the same room for every sleep. All sleeping children must be frequently checked and must remain within sight and hearing of staff at all times. Additionally, the recommended room temperature for sleeping babies is now strictly defined as 16–20°C.

Q7: What are the new restrictions regarding dogs on early years premises?

A: Clause 3.82 introduces a complete ban on specific animals. Banned dog breeds under Section 1 of the Dangerous Dogs Act 1991 (which includes the XL Bully type) must not be kept or present on the premises at any time. This prohibition strictly applies even if the dog's owner holds a valid certificate of exemption.

Q8: How has the scope of staff:child ratios been redefined for 2026?

A: The 2026 framework adds "across the whole provision" language. It clarifies that staff:child ratio requirements apply to the total number of staff available to work directly with children across the entire provision, rather than being assessed solely on a room-by-room basis.

Q9: What are the new requirements regarding staff references and vetting?

A: Providers are now required to obtain at least one written reference for any member of staff before they are recruited (the 2025 version only broadly stated they "must obtain a reference"). Furthermore, settings are now legally required to provide references for current employees, as well as previous employees, upon request in a timely manner.

Q10: How have safeguarding reporting and alert thresholds changed for 2026?

A: The framework expands accountability and reporting triggers in two key ways:
Alertness: The wording shifts from "All practitioners must be alert..." to "Every person looking after children must be alert to any issues of concern," expanding the scope of responsibility.
Reporting Harm: Registered providers must notify Ofsted or their Childminder Agency (CMA) of any allegations of harm or abuse. The 2026 version removes the word "serious", lowering the threshold for mandatory notification.

Q11: What are the new 2026 guidelines regarding screen use in early years settings?

A: The 2026 framework introduces a brand-new mandatory regard-to-guidance requirement (Clause 3.94). Providers must explicitly have regard to the official government guidance: Help for early years providers: Screen use. No such clause or reference existed in the 2025 version.

Q12: How have the rules changed for checking children's dietary requirements at mealtimes?

A: The 2026 framework expands the wording for safer eating protocols. It specifies that when staff are checking special dietary requirements at mealtimes, they must verify that both the food and drink being provided meet the child's specific needs, whereas the 2025 text only explicitly mentioned "food."

Q13: What specific health, outing, and domestic food hygiene updates are included for 2026?

A: The 2026 update refines three operational health and safety references:
Weaning Guidance: The official NHS reference link has been updated from "Weaning - Start for Life - NHS" to "Weaning - Best Start in Life - NHS".
Outings First Aid: An explicit reminder has been added reinforcing that providers must maintain full regard for Paediatric First Aid (PFA) requirements while on outings with children.
Domestic Food Hygiene: A new note suggests Childcare on Domestic Premises (CoDP) providers refer directly to the Food Standards Agency guidance: Safer food, better business for childminders.

Q14: What are the updated restrictions on vaping and smoking around children?

A: The 2026 framework extends vaping restrictions, stating that practitioners must not vape when children are present or about to be present (the 2025 version only restricted vaping "when children are present"). It also adds a legal footnote reminding providers that smoking in any vehicle with individuals under 18 present is strictly prohibited by law.

Q15: How are domestic childcare premises affected by notification and disqualification changes in 2026?

A: The 2026 framework introduces stricter controls for domestic settings:
Suitability Checks: Providers must notify Ofsted (or their CMA) of any changes to individuals aged 16 or older living or working on the domestic premises.
Disqualification by Association: A dedicated paragraph outlines that a person working in Childcare on Domestic Premises (CoDP) is disqualified if they live in a household with a disqualified individual, detailing the process to apply to Ofsted for a waiver. Furthermore, "cautions" have been explicitly added to the list of disqualifying grounds that must be reported.

Q16: What minor administrative and record-keeping changes were made in the 2026 update?

A: The framework refines data standards and training access:
Accurate Records: Data retention requirements have been updated to state that records must be both "relevant and accurate" (the 2025 framework only required them to be "relevant").
Training Resources: Annex C now features a direct, clickable link to the Department's official early years safeguarding training package on GOV.UK.
Legal Definitions: A footnote has been appended to the safeguarding section explicitly defining "harm" under Section 31(9) of the Children Act 1989.

Official Resources & Guidance

To review the complete framework revisions, legislation footnotes, and upcoming guidance changes in full, you can access the official document here:

Download the EYFS Statutory Framework for Group and School-Based Providers (Effective 1 September 2026)
 

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