Safeguarding in early years settings: best practice for nursery leaders

Recent high-profile incidents in the early years sector have once again brought safeguarding into sharp focus, underscoring the need for nursery groups to maintain rigorous practices across every setting. For nursery leaders, safeguarding is not simply a matter of compliance; it is a central part of organisational responsibility. Every decision – from recruitment, policy rollout, record-keeping and responding to incidents – shapes the safety and wellbeing of children, the confidence of parents, and the reputation of the organisation.

Recent adverse media attention on safeguarding matters has inevitably impinged on the owners of nursery groups and made investors nervous. Being able to demonstrate robust and comprehensive safeguarding policies and practices helps mitigate risk and provides reassurance to owners and potential investors that children are being kept safe.

This article explores key considerations for embedding strong safeguarding practices in multi-setting nursery groups.

Statutory framework

While Keeping Children Safe in Education (KCSIE) is a statutory framework for schools, it is widely recognised as a benchmark for safeguarding practice more widely and offers valuable guidance for nurseries. Alongside KCSIE, nursery leaders must also be familiar with statutory frameworks relevant to early years settings, including the Early Years Foundation Stage (EYFS), Working Together to Safeguard Children, and guidance from local safeguarding partnerships. Ofsted’s Education Inspection Framework further reinforces expectations around safeguarding, staff practice, leadership, governance and record-keeping, along with the principles that apply to inspection and the main evaluations that inspectors make.

Safer recruitment

Safeguarding begins before a child even steps into a nursery. Recruitment is a crucial element, ensuring that the people entrusted with children’s care are both qualified and suitable for the role.

Effective recruitment should reference KCSIE as best practice, even for nurseries, alongside EYFS requirements and statutory checks. Key elements include:

• Pre-employment checks: DBS clearance, barred list checks, verification of right to work, and obtaining references from previous employers.
• Job descriptions and person specifications: safeguarding responsibilities should be explicit, signalling to candidates that protecting children is central to their role.
• Interviews: incorporate scenario-based questions to test candidates’ awareness of and attitudes towards child protection issues.
• References: verify references thoroughly, ideally asking specifically about safeguarding and conduct.
• Induction: a structured safeguarding induction should be provided, with follow-up sessions to confirm understanding.

For multi-setting groups, there is often a balance to strike between standardisation and flexibility. A consistent recruitment framework across all settings helps maintain standards, but local nuances may require slight adaptations to reflect context or setting-specific risks.

Safeguarding policies: writing, rolling out and updating

A robust safeguarding framework depends on clear, accessible policies. These policies are not cosmetic documents that aim to evidence compliance; they are practical guides that shape daily practice and decision-making and underpin best practice in safeguarding.

When drafting policies, clarity is paramount. They should be written for staff, outlining responsibilities, escalation procedures and expectations in plain language, while remaining accessible to parents and external stakeholders. Core policies typically include safeguarding and child protection, child behaviour management, staff code of conduct, whistleblowing, handling low-level concerns for staff, digital safety and data protection. Each should cross-reference statutory guidance to reinforce compliance.

Multi-setting groups must decide whether policies will be uniform across all nurseries or tailored for individual settings. Many successful organisations adopt a hybrid approach: a core set of policies provides consistency, supplemented by setting-specific procedures to reflect local practice. In both cases, policies must be signed off by the nursery manager (or the designated safeguarding lead (DSL), often the same), frequently reviewed, and kept up to date.

Rolling out policies effectively is as important as writing them. Staff should be introduced to policies during induction, and refresher training should follow regularly. Multiple communication channels – digital copies, printed handbooks, team briefings – help ensure policies are understood and used. Crucially, staff must feel confident in seeking clarification or raising concerns about interpretation.

It is also important to remember that policies are not static. Annual reviews, or sooner when guidance changes or incidents occur, are essential. Updates should be communicated promptly, with staff acknowledging receipt and understanding. Briefings or training sessions should highlight substantive changes to ensure everyone remains updated and should include an element of evaluation to measure understanding and compliance.

Managing low-level concerns

While not currently part of the EYFS, the concept of low-level concerns (LLCs) was introduced in KCSIE 2021. LLCs refer to behaviour by an adult (usually a colleague) that does not meet the threshold for formal reporting to the statutory agencies, but which falls below expected professional standards or makes another staff member feel uneasy. We refer readers to our guidance on LLCs in our guide 'Developing and implementing a low-level concerns policy: a guide for organisations which work with children'.

LLCs are a vital part of a strong safeguarding system, promoting transparency and allowing issues to be addressed before they escalate. Staff should feel able to raise LLCs not only about others but also about their own conduct. For instance, if a situation could be misinterpreted, seems compromising, or a staff member feels their behaviour has fallen short of professional standards, this can be reported as a neutral notification. This allows the nursery to manage potential concerns constructively, fostering a culture of openness and accountability.

Due to the sensitive nature of LLCs, thought must be given to appropriate management and record-keeping. The nursery manager should be the member of staff with responsibility for LLCs, while ensuring a channel of communication to head office or HR. Creating a culture of reporting on LLCs is not something that will develop overnight, and considerable work is needed to encourage staff to view LLCs as an integral part of a healthy safeguarding culture, rather than "snitching" by peers.

Recording and reviewing LLCs is essential. Documentation should include dates, context and any actions taken, and regular review helps identify patterns or repeated behaviours early. Creating an environment where staff can raise concerns without fear of blame is critical, particularly as it is likely that LLCs will be incorporated into the EYFS in the near future.

Record-keeping and compliance

Accurate record-keeping is central to safeguarding. It provides a clear audit trail for decisions, demonstrates compliance to regulators, and ensures continuity when staff change.

Key records include risk assessments, referral forms, observations, training logs and incident reports. Organisations must decide on a secure system (ideally digital) that ensures access for authorised staff while remaining aware of the need to always consider GDPR when sharing and recording information. Contrary to popular opinion, the sharing of safeguarding information is not necessarily exempt from GDPR, but the legislation is designed to allow lawful data sharing without consent when necessary.

Retention policies should comply with statutory requirements. Child protection records, for instance, are typically retained until the child reaches the age of 25. Clear procedures should set out the circumstances and process for reporting to local authorities, Ofsted, and the police to ensure that regulatory obligations are met. While consistency across settings is important, local circumstances may dictate variations in record format or software, provided compliance is maintained.

Special Educational Needs and Disabilities (SEND)

Children with SEND must be fully supported within early years settings, in line with the EYFS. Providers are required to have arrangements in place for children with SEND and to appoint a SEN coordinator who is trained in and follows the principles of the statutory guidance, 'SEND code of practice: 0 to 25 years'. Key responsibilities include early identification and intervention, collaborating with parents and professionals to plan support, and contributing to the implementation of an education health, and care plan (EHCP) where required.

From a safeguarding perspective, children with SEND may face heightened vulnerability. Leaders must ensure that safeguarding systems are proactively adapted to address these risks, recognising that early years staff are the primary line of defence in identifying and responding to concerns. Embedding SEND expertise within training and governance is therefore essential not only for compliance but for providing a safe environment for children with SEND. Staff should also be mindful of the need to share this information with the next educational setting that the child attends, to ensure continued support and adjustments are put in place.

Responding to a crisis

Even the most robust policies and best practice cannot eliminate the risk of a safeguarding crisis, and nursery leaders must be prepared to respond swiftly and effectively.

The first priority is the child’s safety. Evidence should be preserved, and any immediate risk mitigated. Regulatory notifications, such as to Ofsted, should be made promptly, alongside contact with the Local Authority Designated Officer (LADO) where staff are implicated.

Internally, organisations should have a crisis management plan with clear roles and responsibilities. Communication is critical – both internally and externally. For incidents likely to attract media attention, a coordinated PR strategy, developed with legal oversight, helps protect reputation while maintaining transparency and compliance.

Following an incident (and depending on the nature of it and/or its severity), it can be helpful to conduct an internal review (led by an independent expert where possible) to consider lessons learned, identify areas for policy improvement, and ensure changes are communicated and embedded. Preparedness, clarity, communication and coordination are key elements in reducing risk and maintaining confidence among staff, parents and potential investors.

Governance and oversight

Safeguarding cannot exist in isolation at the setting level. Strong governance ensures that policies, training, and reporting mechanisms are consistently applied across all nurseries in a group.

Boards and executive committees often state that safeguarding is the top of their agenda. What does this look like? Boards should receive regular safeguarding updates, focusing on data and strategies, rather than specific incidents. Board information packs should include internal audit results, action plans and incident trends. Routine audits help verify that training is up to date and properly recorded, policies are understood and implemented, and record-keeping is structured and coherent. Leaders themselves must receive appropriate safeguarding training, tailored to their governance responsibilities and understand the need to share relevant information to enable appropriate challenge. They should also reflect on their own practice to ensure that the impact of safeguarding policies, systems and procedures are kept under continual review. It is important at board level that information travels both up and down the governance structure.

Ultimately, safeguarding is about creating a culture as much as it is about compliance. When leaders model vigilance, transparency and accountability, it creates an environment where staff feel supported and able to speak out, and children are truly protected.

Safeguarding in early years: key takeaways

Safeguarding in early years settings carries with it its own complexities but is vital to ensure the safety of young children. It is also the cornerstone of trust for parents, regulators and staff alike. For nursery leaders, embedding a robust safeguarding framework involves:

• implementing safeguarding and safer recruitment processes aligned with statutory guidance;
• developing clear, accessible policies and rolling them out consistently;
• addressing low-level concerns proactively;
• maintaining accurate, secure and compliant records;
• preparing for crisis response, including internal and external communication; and
• providing strong governance, oversight and leadership to challenge, recognise, report, respond and support.

By taking a strategic, comprehensive and proactive approach, nursery groups can protect children, support staff and safeguard their organisation’s reputation. In a sector where the stakes are so high, robust safeguarding is not just a legal requirement – it is the foundation of safety, responsible leadership and ultimately brand protection.

We will be hosting a webinar on 'Safeguarding in early years settings' on 9 June 2026, examining these issues in greater depth and their practical implications. If you would like to attend, please click here to receive the invitation in due course.

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