Keeping children safe in education 2026: a practical guide for schools

KCSIE 2026: key changes at a glance

The 2026 update to Keeping children safe in education (KCSIE) will take effect on 1 September 2026. This will require schools to review their safeguarding policies, training and operational processes before the new academic year.

For a brief overview, we have set out the main changes below.

Safeguarding practice

• Closer alignment with the Early Years Statutory framework and Working Together to Safeguard Children.
• Stronger expectations around early identification of safeguarding concerns and referrals for children needing Family Help or statutory intervention.
• Greater emphasis on identifying and responding to mental health concerns, including suicidal ideation.
• Increased focus on misogyny and its relationship with harmful sexual behaviour.
• Update to child-on-child abuse to include more prominent references to harmful sexual behaviour.
• Staff should understand broader safeguarding risks which include updated indicators of abuse, modern slavery, serious violence, child-to-parent or caregiver abuse and mental health concerns.

Policies and procedures

• All staff must now read Part one in full and Annex A has been removed.
• Clearer information-sharing duties, including transfer of child protection files and risk information.
• A stronger emphasis on clear DSL cover arrangements.
• Annual reviews of monitoring and filtering arrangements.

Technology and online safety

• AI identified as a safeguarding issue requiring an update to online policies.
• Expectations that schools will be mobile-free areas.

Governance and recruitment

• Incorporation of statutory guidance on gender questioning children and setting the expectation of parental involvement in most cases.
• Safer recruitment changes in line with recent legislation which requires DBS checks for volunteers and a removal of the "supervision exemption" for volunteers.

The remainder of this article examines each of these changes in more detail and highlights the practical steps schools should take before 1 September 2026.

Overview

The Department for Education (DfE) launched the 2026 version of KCSIE on 7 July 2026. This is due to come into force from 1 September 2026 and follows on from the consultation draft published in February 2026. While many of the proposed changes from the consultation draft have been incorporated, some have not and there are further changes that are new to the reader.

The changes between KCSIE 2025 and KCSIE 2026 are extensive and this year's update is the largest for some time. This briefing therefore does not aim to provide a comprehensive list of every single change, but sets out the most critical changes that DSLs, the SLT and Governing Bodies should be aware of as well as some practical takeaways. For a list of the drafting changes, please refer to Annex C of KCSIE.

Interaction with the existing statutory safeguarding frameworks

Early years foundation stage (EYFS) framework

KCSIE 2026 has clarified that the EYFS statutory guidance applies to school-based nurseries and reception classes for children aged zero to five, by explicitly referencing the EYFS statutory framework within KCSIE.

This will ensure that schools with zero to five years provision are aware of the additional compliance requirements in the EYFS statutory framework. This also applies where schools take their first intake at reception.

It is also important to note that changes have been made to the EYFS framework from 1 September 2026. While we will not set out those changes in full here, the changes relate to strengthened welfare and safeguarding requirements including the need to notify Ofsted where there are allegations of "harm" (previously this applied to "serious harm"). Further, there is a need for enhanced criminal record checks for volunteers, as well as preventing new employees from commencing employment before receiving their DBS check.

Alignment with Working Together to Safeguard Children (WTSC)

The DfE has made changes throughout KCSIE 2026 to bring it into line with WTSC. KCSIE 2026 now makes clear that all staff should be aware of the criteria for referring a case to community-based Family Help, referrals for an assessment under section 47 of the Children Act 1989 and other processes for cases relating to vulnerable children.

The DfE has also expanded the list of children who may benefit from Early Help or targeted Family Help. It notes that staff should be particularly aware of the need for additional support for children who are pregnant or are a parent themselves; have shown early signs of abusive, violent or harmful behaviours towards others and those who have been repeatedly removed from the classroom or are on a part-time timetable.

A noteworthy addition to children whom schools should be particularly alert to the need for additional support includes children "who have been repeatedly removed from the classroom". This is potentially a much wider category than others in the list. If schools do not already have a mechanism for centrally documenting and monitoring behaviours and patterns that might be useful for documenting an early help referral they should consider doing so. Where students are asked to leave the classroom, staff should be aware they will need to document this and data will need to be collected in order to comply with paragraph 17.

Changes to the definitions and indicators of abuse

Sharing of nude and semi-nude images and/or videos

KCSIE 2025 used the terminology “consensual and non-consensual sharing of nude and semi-nude images and/or videos (also known as sexting or youth produced sexual imagery).” The DfE changes this language in KCSIE 2026 to “making or sharing nudes and semi-nudes.” The DfE has explained it uses the term "nudes" because that is the most widely understood term by young people and best captures the full range of behaviours. It also expands the definition to include digitally altered images or images generated by artificial intelligence (sometimes referred to as "deepfakes" or "deep nudes").

Part Five of KCSIE at paragraph 527 goes on to note that all incidents of sharing of nudes, whether consensual or non-consensual, should be treated as a safeguarding concern and require a safeguarding response. That response should be proportionate to the relevant circumstances of the incident, including age and any element of coercion or vulnerability.

Misogyny

KCSIE includes new references throughout to explicitly address where misogyny intersects with harmful sexual behaviour (HSB). For example at paragraph 527, in highlighting the importance of adopting a zero-tolerance approach to HSB, KCSIE notes that a failure to do so may lead to a culture of misogyny. KCSIE notes that schools should recognise the escalatory nature of misogyny and that early identification can minimise the risk of HSB.

This update reflects the reality that extreme misogyny is increasingly prevalent online, and it is often linked to HSB amongst young people. This can contribute to the normalisation of sexual harassment, sexual violence and the spread of harmful narratives. Schools are reminded that even though there are no reports of child-on-child abuse it does not mean it is not happening.

Indicators of abuse

KCSIE includes updated indicators of abuse that staff will need to be aware of, the most significant of which is modern slavery. Further changes include references to the fact that children may cause harm to other family members (referred to as child to parent or caregiver abuse) and that emotional abuse can include verbal abuse (such as persistent criticism).

Child criminal exploitation (CCE) and Child sexual exploitation (CSE)

KCSIE has clarified that both CCE and CSE can be committed or facilitated by an organised network or gang and that the victim may be part of this group. It also makes clear that both may constitute modern slavery and an appropriate modern slavery referral should be completed where a victim of CCE or CSE is identified.

Legal definition of sexual assault

The phrase “rape or oral sex”, which risks creating confusion about the legal definition of rape, has been removed from the definition of sexual abuse. Instead, KCSIE includes an example of penetration with an object, which is legally recognised as a distinct form of sexual assault.

Serious violence

KCSIE includes a significantly updated section on serious violence. It notes that serious violence could include assault but also the carrying, threatening to use or actually using weapons. It notes that schools should be aware of the risk signs someone is at risk of being involved in serious violence including disrupted education and a history of offending. Schools should be alert to when children might be at the highest risk of violence. KCSIE flags that early support for those at risk is vital and those committing violence may also be victims themselves.

Serious violence is likely to be more of a concern for some schools rather than others, but all schools should be alive to the risk and need to safeguard children. Statistics released by the Youth Endowment Fund in 2025 revealed that 2% of all teenagers (aged 13-17) said that they had carried a knife and 52% reported changing their daily life out of concern for their safety.

Mental health

KCSIE has substantially redrafted the section on children requiring mental health support. It makes clear that schools should take a whole-school approach to mental health and emotional wellbeing. KCSIE now expressly lists self-harm; suicidal ideation or risk of suicide as standalone safeguarding concerns.

Further at paragraph 46, KCSIE lists potential warning signs that a child is suffering with a serious mental health problem. These include changes in behaviour; sleep difficulties; withdrawal from social situations; not wanting to do things they usually like and physical signs of harm or neglect. KCSIE notes that schools should offer early interventions that are safe, effective and appropriate. Schools should follow their safeguarding and child protection policy or call 999 in case of an emergency. KCSIE provides updated references to additional government guidance and resources for identifying and responding to children with poor mental health.

Management of safeguarding and information sharing

Safeguarding concerns or an allegation about a member of staff

Wording has been added in KCSIE to highlight that when a safeguarding concern concerning a member of staff is referred to the Headteacher, they should consider at that point whether a Local Authority Designated Officer (LADO) referral is appropriate. The DfE therefore expects consideration of a LADO referral at an early stage.

Additional guidance has also been provided to make clear that allegations against trainee teachers should be handled in the same way as allegations made against supply teachers and contracted staff. KCSIE notes that while schools share safeguarding responsibilities with employment agencies and businesses, they remain responsible for gathering the facts and managing the safeguarding processes although the employment agency, business or higher education provider will usually lead on disciplinary action.

DSL cover arrangements

A small but important additional paragraph is included in Part one, under the role of the DSL, and Annex B, which explains the role and responsibilities of the DSL. KCSIE notes that schools and colleges should have "robust cover arrangements" for periods where the DSL is not available due to sickness, leave or other circumstances. Schools have discretion as to how the responsibilities remain covered, but the cover arrangements should be "clear, reliable and known". KCSIE gives the example of a confidential shared mailbox to ensure that safeguarding concerns are acted on without delay. We would suggest that the DSL team have access to this email mailbox.

Information sharing

KCSIE contains strengthened guidance on transferring child protection files when a pupil moves to a new school or college. The update clarifies that the DSL should share any information indicating that a pupil may pose a risk to themselves or others, such as concerns about serious violence or harmful behaviours, with the receiving setting. This includes a recommendation that DSLs from both settings have a direct conversation where there are significant issues or concerns. This is recommended as good practice to ensure continuity of safeguarding support and action. The receiving school should then assess the risk and put in place a safety and support plan or a risk assessment for the transferring pupil.

Schools should exercise professional judgment to ensure that any information shared is necessary and proportionate. Irrelevant information should not be shared, but schools should not omit information that could provide relevant context to a safeguarding issue.

Parental involvement in safeguarding concerns

There are greater references throughout KCSIE to the involvement of parents in the response and management of safeguarding issues. This can be seen most evidently in paragraph 58 which outlines that, when considering whether support for a child can be managed internally, the DSL should consider whether to inform the child's parents or carers, if doing so would not place the child at additional risk.

We should flag at this point that the drafting of paragraph 58 KCSIE is unclear, and that the interpretation outlined above is the only one that makes sense when reading KCSIE as a whole. This interpretation is supported by wording at paragraph 227 where a similar consideration is contained in the context of responding to a child who might be suffering with poor mental health. Schools should keep one eye on paragraph 58 in September as there could be a further update.

Safeguarding children with differing needs

Medical conditions

The DfE has added a new section at paragraph 250 regarding safeguarding children with medical conditions, particularly those with allergies. It makes clear that management of a medical condition does not, of itself, warrant a referral to the local authority. However, it may do so if it is an indicator of abuse or neglect (ie a child is repeatedly sent into school without essential medication). DSLs should be alive to this issue and consider whether a medical incident might be indicative of wider neglect or abuse to make a referral.

Special educational needs and disabilities (SEND): additional barriers

The DfE has expanded the additional barriers that children with SEND may face with regards to abuse, neglect and exploitation. Of particular importance is that children with SEND may not recognise that what is happening to them is abuse. Other barriers include their need for intimate care or if SEND children are isolated from others and they are more likely to be dependent on adults for their care. Governing bodies and proprietors should ensure that their safeguarding policies reflect these additional barriers for children with SEND.

Technology and AI

Artificial intelligence (AI)

As we would expect, a large part of the DfE's updates in the online safety section of KCSIE concerns AI. The '4Cs' (content, contact, conduct and commerce) are highlighted as risk areas which have been updated. The updates highlight that generative AI should be taken as a risk factor when examining contact and conduct in the context of online safety. These updated risk areas should be reflected in schools' online safety policy. The increased focus on AI safeguarding risks can be further evidenced in the updated definition of nude and semi-nude imagery which includes deepfakes, digitally altered images or images wholly generated using AI as referenced above.

The DfE has also included reference to their guidance on Generative artificial intelligence (AI) in education dated 12 August 2025. They reference resources online to help schools and colleges use AI safely and effectively.

Mobile phones in schools

The DfE has included reference in KCSIE to its new statutory guidance on Mobile phones in schools. It sets out the expectation that schools should be phone-free environments by default – especially during lessons, breaktime and lunchtimes. Schools are expected to follow the Mobile phone guidance from 1 September 2026. Schools are advised to ensure they are clear in their communications to their community on how this expectation will be implemented and monitored in the next academic year.

Filtering and monitoring

The DfE has updated the filtering and monitoring requirements, particularly regarding how regularly these should be reviewed. At paragraph 171, KCSIE says that a senior member of the SLT should be responsible for reviews of filtering and monitoring systems with the support of the DSL and IT. At least once every academic year, checks of the systems (in all relevant locations) should be carried out to ensure that the filtering system works on all internet-connected devices. Records should be kept of these checks.

The previous wording in KCSIE 2025 stated that checks should be done "regularly", and we anticipate that most schools will have been doing annual checks of the system. However, for those who have not been conducting annual checks, you should ensure that annual checks are built into your review going forwards.

Gender Questioning Children

As anticipated KCSIE has been extensively updated following the public consultation on the draft non-statutory Gender Questioning Children and the Cass Review. KCSIE introduces new statutory guidance on how schools and colleges should respond when a child is questioning their gender. The main guidance is found at paragraphs 252-282, but there are references to gender questioning children throughout KCSIE. KCSIE clearly states that "it is not for schools and colleges to initiate any action" but rather the guidance should be used when a child or their parent has raised a request to socially transition. It further states that parents and carers should be involved as a matter of priority and their views "should carry great weight and be properly considered". KCSIE notes there are "rare circumstances" in which involving parents will pose a risk and that the DSL should be contacted to determine what action should be taken.

Extensive guidance is also provided on the provision of single-sex sports, outlining the legal threshold for separate provision for sports without breaching the Equality Act. KCSIE is clear that where there are safety concerns about mixed-sex provision, sports should be provided in single-sex groups and "there must be no exceptions". Where there are not safety concerns, schools should consider all the relevant factors including whether supporting a social transition is in the child's best interests, the impact on other children and the aim of creating safe and fair environments for sports. Where schools are unsure as to the most appropriate position, we would advise schools to take into account any guidance published by the relevant sport's governing body.

Further, KCSIE also sets out legal obligations in relation to single-sex spaces, including toilets, changing rooms and boarding and other residential accommodation. In general, such facilities should be provided on the basis of biological sex (rather than gender identity). KCSIE states clearly that schools "must not" allow a child access to facilities for the opposite sex. If a gender-questioning child does not want to use the facilities for their designated sex, KCSIE says that schools should consider whether alternative provisions can be provided without compromising the single-sex facilities (eg single-use and self-contained washroom facilities).

Schools will need to:

• review and update their Safeguarding and Equality policies;
• ensure decision-making processes are clear and applied on a case-by-case basis; and
• be prepared for increased scrutiny around how they manage single-sex spaces and involve parents.

Schools should ensure that internal processes are clear and capable of withstanding scrutiny, particularly around decision-making processes, communication and record keeping.

Safer recruitment and referrals to the DBS and TRA

There have been extensive changes to Part 3 of KCSIE 2026, predominantly due to the passing of the Crime and Policing Act 2026 (CPA 2026). School HR departments, in particular, should ensure that they read Part 3 of KCSIE in full to ensure that they have a comprehensive understanding of the new requirements.

The CPA 2026 has removed the "supervision exemption" for a DBS check. Prior to the CPA 2026, those conducting specified work (work that involves teaching, training, instructing, caring for or supervising children) regularly (three days within a 30-day period or overnight) would require an enhanced DBS check with a barred list check, unless the individual would be supervised while working with children in which case no DBS check would be required.

The CPA 2026 has removed this exemption. Such individuals will be conducting regulated activity and will require an enhanced DBS with barred list check. This leads to several important practical takeaways.

1. This will impact any volunteers in schools and KCSIE has extensively increased the safer recruitment check requirements for volunteers. It is clear that volunteers involved in teaching, training, instructing or supervising children frequently (defined above) are conducting regulated activity regardless of whether or not the individual is supervised. KCSIE is clear that schools must conduct an enhanced DBS check with barred list check for any of its existing volunteers and it may wish to liaise with other organisations that the volunteer may work for, to assess who is best placed to conduct the check.
2. If an individual is not conducting regulated activity, KCSIE states that schools should consider whether another level of DBS check might be appropriate (ie an enhanced check without the barred list or a basic DBS check). Further updates have been made to note that schools should consider referring a volunteer to the DBS if the threshold of harm is met, as they would for a staff member.

The other area where the CPA 2026 changes are referenced is in regard to children undertaking work experience. Children under the age of 16 cannot obtain a DBS check. KCSIE 2026 is definitive that, if the person providing supervision to the work experience child will be doing so for more than three days in a 30-day period, that is considered to be regulated activity. Practically, if the child is aged over 16, then the school should consider asking the child's school to provide a DBS check on their behalf.

Schools that organise work experience for their own pupils should ensure that the provider of experience has appropriate policies in place to protect the children from harm during the work experience.

A further minor, but slightly peculiar, change has been made to paragraph 429 of KCSIE. The change requires schools to consider the public sector equality duty (known as the PSED) when making referrals to the TRA. The PSED is explained in paragraphs 99-101 of KCSIE. In summary, when exercising their functions, state-funded schools must have due regard to the need to eliminate discrimination, advance equality of opportunities and foster good relationships between those who have protected characteristics and those who do not. KCSIE is clear that, to the institutions to which it applies, the PSED should be considered when making significant decisions or developing policies and it is helpful to improve student outcomes. The PSED is not a new requirement, but the specific reference to consider the PSED when considering whether to make a referral to the TRA is new and is not easy to explain. Frankly, we struggle to see what the practical implications will be for schools.

Child-on-child abuse and HSB

Part five of KCSIE has been amended to make more prominent references to understanding and responding to incidents of HSB alongside sexual harassment and sexual violence (the latter two already featured prominently in Part five). KCSIE recognises that HSB exists on a continuum ranging from normal and developmentally expected behaviour, to behaviour that is inappropriate, problematic or abusive which could lead to sexual violence.

KCSIE notes that schools should recognise, acknowledge and understand the scale of HSB. The approach to HSB is also tied to the increased focus on misogyny, mentioned above, and KCSIE notes that misogyny should be identified early to minimise the risk of HSB occurring. KCSIE includes numerous links to NSPCC guidance on identifying and responding to incidents of HSB. DSLs should consider incorporating the NSPCC guidance into school policies and should train staff to ensure they have sufficient knowledge and understanding of HSB to identify incidents and take appropriate action.

For more guidance on HSB in the context of child-on-child abuse please read our child-on-child abuse toolkit.

KCSIE 2026 practical takeaways for schools before 1 September 2026

Given the scale of the changes to KCSIE, schools are going to have a busy summer ahead. To our mind, there are five key factors to prioritise prior to 1 September 2026.

1. Update policies and processes and provide training to staff and governors on these updated changes. Schools' focus should be on:
   • ensuring consistency with the EYFS framework (if your school has provision for children aged zero to five);
   • updated definitions of harms and indicators of abuse including (but not limited to) CCE and CSE, mental health, serious violence and nudes and semi-nudes;
   • updating the child-on-child abuse policy with a focus on harmful sexual behaviour and violence; and
   • ensuring that the current details for the local authority are up to date.

It is worth noting that Annex A (the condensed version of Part one of KCSIE) has been removed, so all staff will be expected to read Part one in full. Given the scale of the changes needed, you may wish to consider providing staff with a short briefing note on the key changes to be aware of.

2. Update the safer recruitment policy and list of requested documents. This should include running enhanced DBS checks with barred list check on any volunteer who is now conducting regulated activity.

If the DBS certificate is not available prior to the individual starting to work, paragraph 324 of KCSIE makes clear that the individual should be appropriately supervised and all other checks must be carried out, including a separate children's barred list check.

Schools that have EYFS provisions should be aware that one of the changes to the 2026 EYFS framework is that providers must not allow an individual to begin working or volunteering at a setting until the provider has received both the barred list check and an enhanced DBS check. Schools with EYFS provisions should ensure that their safer recruitment policy reflects these differing requirements.

3. Review your approach to gender questioning children.

This should include a clear internal process for responding to requests for social transitions which provides an expectation for parental involvement and concise record keeping.

In addition to reviewing relevant policies, schools should consider liaising with the families of any gender-questioning children to discuss any arrangements or changes that will come into force in September as soon as possible. This will need to be accompanied with a review of upcoming arrangements (ie trips, sports and managing single-sex spaces) for the year ahead.

For more on managing social transitions, please see our article on the draft guidance here.

4. Ensure that the DSL, SLT and IT members have reviewed, and rectified any deficiencies in, the filtering and monitoring systems prior to 1 September. Plan for a further annual review in the coming academic year and ensure this is evidenced.
5. Ensure DSL cover arrangements are in place. If schools decide to set up a shared mailbox, this process should be put in place and tested prior to 1 September to ensure it can be relied upon when needed. The DSL team should be informed as early as possible when the DSL will be absent over the year.

Many thanks to trainee Alex Evans for their help in writing this article.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2026