Keeping children safe in education 2026: proposed key changes

The Department for Education (DfE) launched its consultation for the 2026 version of Keeping children safe in education (KCSIE) on 12 February 2026, with the consultation due to close on 22 April 2026.

This year’s draft contains 24 proposed changes, some of which are more significant than others. These include the long anticipated guidance relating to children who are questioning their gender. To help schools navigate these developments, we have summarised the proposed changes below at a high level and provided our initial observations.

There is no need for schools to implement all 24 proposals at this stage – the guidance is still subject to consultation, and the final position will not be known until later this year. However, we know that those with safeguarding responsibilities often like to plan ahead, and many of our clients find it useful to understand the likely direction of travel early. With that in mind, we set out the key updates and what they may mean in practice.

Early years foundation stage (EYFS) framework

Proposed change: clarification that the EYFS statutory guidance applies to school-based nurseries and reception classes for children aged 0 to 5, by explicitly referencing the EYFS within KCSIE.

Impact: ensures that schools with 0 to 5 years provision are aware of the additional requirements in the EYFS statutory framework. This also applies where schools start at reception.

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

Proposed change: KCSIE currently uses 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 proposes to change this language to “consensual and non-consensual self-generated intimate images and/or videos including those generated using AI, eg deepfakes.”

Impact: this updated terminology improves consistency with current safeguarding language and better reflects the seriousness of both consensual and non consensual image sharing, as well as highlighting the role and prevalence of technology and AI in this practice.

Misogyny

Proposed change: to include further references throughout the guidance to explicitly address where misogyny intersects with harmful sexual behaviour (HSB).

Impact: reflects reality that extreme misogyny is increasingly prevalent online and is often linked to harmful sexual behaviour amongst young people. This can contribute to:

• the normalisation of sexual harassment and sexual violence;
• child-on-child exploitation and coercion; and
• the spread of harmful narratives.

Annex A (shortened version of Part one: Safeguarding information for all staff)

Proposed change: to remove Annex A, as evidence suggests that it is Part one that is more commonly used and that all staff need a broader safeguarding awareness, which Part one provides.

Impact: ensures all staff read Part one in full.

Working together alignment

Proposed change: to align KCSIE with Working Together to Safeguard Children (WT) to promote consistency across the safeguarding system and clarify schools' roles within multi-agency arrangements.

Impact: multi-agency arrangements will be better understood.

Early help

Proposed change: amendments to include “…has been repeatedly removed from the classroom…” to reflect the Behaviour in Schools guidance around causes and responses to misbehaviour, and “…is on a part-time timetable…”, which can be a contributing factor to child criminal exploitation.

Impact: the onus is placed onto the school to refer to Children's Social Services at an early stage.

Child sexual exploitation

Proposed change: remove the phrase “rape or oral sex”, which risks creating confusion about the legal definition of rape. Instead, add an example of penetration with an object, which is legally recognised as a distinct form of sexual assault.

Impact: clearly distinguishes the legal definition of rape and sexual assault.

Serious violence

Proposed change: as violence between children may sometimes constitute a safeguarding issue, guidance will include:

• explicit references to physical assault and threats with weapons;
• recognition that children who display violent behaviour may themselves be at risk or in need of support; and
• a strengthened message that safeguarding responses should consider both the child who has been harmed and the child who has caused harm.

Impact: shows the link between serious violence and safeguarding concerns, particularly where there is a risk of harm, exploitation or vulnerability. It also aligns with a more trauma-informed approach to safeguarding.

Safeguarding concerns or an allegation about a member of staff

Proposed change: wording added to highlight earlier in the guidance that the headteacher or principal will consider whether a Local Authority Designated Officer (LADO) referral is appropriate.

Impact: the DfE has included this to clarify to schools that LADO referrals are now an expectation.

Mental health

Proposed change: a substantial redraft of the section on children requiring mental health support and the role of the school, clarifying:

• the role of education staff in identifying early signs of mental health issues;
• the importance of whole-school approaches to wellbeing; and
• the need for appropriate referral pathways and targeted support.

Impact: highlights the link between mental health and safeguarding, particularly in cases involving serious risks such as self-harm, eating disorders or suicidal ideation.

Guidance relating to children who are questioning their gender

Proposed change: following the public consultation on the draft non-statutory Gender Questioning Children: Guidance for Schools and Colleges and the Cass Review, the draft revision of KCSIE would introduce new statutory guidance on how schools and colleges should respond when a child is questioning their gender. It also sets out legal obligations in relation to single-sex spaces, including toilets, changing rooms and boarding or residential accommodation.

It will also clarify the legal issues relating to provision of single-sex sports. Where there are safety concerns about mixed-sex provision, the DfE has made it clear that sports should be provided in single-sex groups.

Impact: schools will need to review and update 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 internal processes are clear and capable of withstanding scrutiny, particularly around decision-making processes and record keeping.

For more information on the proposed changes, please refer to our article on gender questioning pupils and the KCSIE proposed changes here.

Opportunities to teach safeguarding

Proposed change: descriptions of the importance of preventative education and zero tolerance for sexism and other forms of prejudice or harmful behaviour. This will include references to “racism” and “derogatory behaviour”.

Impact: this now aligns with existing expectations set out in Ofsted’s school inspection framework and DfE guidance on promoting fundamental British values. It will also impact school's teaching of Relationships and Sex Education (RSE), particularly in light of the RSE guidance coming into effect in September 2026. Schools should review their curriculum (if not doing so already) to ensure alignment.

Artificial intelligence (AI)

Proposed change: there will be two new paragraphs focusing on AI.

Impact: raises awareness of AI related harms by signposting relevant guidance on the use of generative AI in schools.

Filtering and monitoring

Proposed change: extend current requirements to include that governing bodies and proprietors should "carry out a review of their effectiveness at least once every academic year", and that "reviews should include checks that filtering is working appropriately on all internet-connected devices in all relevant locations, and a record should be kept of these checks."

Impact: increases operational duties and requires additional work by someone who is qualified to carry out review.

Information security and access management

Proposed change: updated paragraphs on cyber and IT security, recognising it as a safeguarding issue and signposting relevant information security guidance for schools.

Impact: reflects increasing information security risks for schools and the importance of protecting personal data. Cyber security is now recognised as a safeguarding concern, not just an IT issue.

Alternative provision

Proposed change: new paragraph which sets out the department’s voluntary national standards for non-school alternative provision, with guidance to support schools and local authorities in quality assuring providers.

Impact: aims to improve safeguarding oversight for children educated outside traditional school settings.

Medical conditions

Proposed change: new paragraph regarding safeguarding children with medical conditions, particularly those with allergies.

Impact: a child having a medical condition (including allergies and conditions requiring delegated healthcare tasks) is not in itself an indicator that a child is at greater safeguarding risk. However, designated safeguarding leads (DSLs) will now have to consider whether a medical incident in school triggers a safeguarding duty and whether any further action is needed.

Special educational needs and disabilities (SEND): additional barriers

Proposed change: clarifications reflecting updated SEND terminology and barriers to recognising abuse.

Impact: supports more accurate and sensitive identification of risk for children with SEND.

Information sharing

Proposed change: strengthened guidance on transferring child protection files when a pupil moves to a new school or college. The update clarifies that the DSL or a deputy 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 or a deputy DSL from both settings have a direct conversation where there are significant issues or concerns, as good practice, to ensure continuity of safeguarding support.

Impact: places greater emphasis on sharing of safeguarding concerns between DSLs when children move between schools.

Safer recruitment: adults who supervise children on work experience

Proposed change: amendments to the current work experience section, in response to feedback from the sector that schools are requesting DBS checks from employers where the workplace experience does not meet the definition of 'regulated activity'.

Impact: children who are 16 and over on work experience in a school or sixth form college, and whose placement gives them the opportunity for contact with children, may be considered to be engaged in regulated activity relating to children. The work experience provider, eg school or sixth form college, should consider whether a DBS enhanced check is required for the child on work experience. However, it should be noted that DBS checks cannot be requested for children under the age of 16.

Single central record

Proposed change: inclusion of an example single central record (SCR) template that meets the statutory requirements of KCSIE.

Impact: some schools may find this helpful and should pay close attention as presumably inspectors will expect SCRs to mirror this template.

Trainee teachers

Proposed change: when an allegation is made against a trainee teacher, schools and colleges should follow the same procedures as for supply teachers and contracted staff.

Impact: ensures similar procedures for trainees, supply and contracted staff.

Inclusion of continuum of sexual behaviours

Proposed change: KCSIE will be restructured to present a clearer and more progressive continuum of sexual behaviours, from early indicators of harmful sexual behaviour to sexual harassment and sexual violence.

Impact: when used alongside the Brook Sexual Behaviours Traffic Light Tool, this will help staff distinguish between developmentally inappropriate, problematic and abusive behaviours and respond more quickly.

AI-generated content

Proposed change: inclusion of links to help schools understand and respond to AI-generated child sexual abuse. These will link to guidance from the National Crime Agency's (NCA's) Child Exploitation and Online Protection (CEOP) education programme in collaboration with the Internet Watch Foundation. It will also refer to financially motivated sexual extortion (FMSE) guidance for education settings on FMSE from the NCA's CEOP education programme.

Impact: raises awareness of AI abuse and FMSE as safeguarding concerns.

Many thanks to Luke Sheridan, current trainee in the team, for his 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, March 2026