The 2026 update to Keeping children safe in education (KCSIE) came into effect from 1 September 2026. As a result of the changes, schools will need to review their safeguarding policies, together with training and day to day operational practices, as this year’s update provides the most significant update that we have seen for some time.
One of the most substantive changes is that all staff are now required to read Part One in full, Annexe A, the previously condensed Part One having now been withdrawn.
We have highlighted further significant changes below and in our separate articles on the new guidance.
This article examines safer recruitment, the role of the Designated Safeguarding Lead (DSL) and dealing with mental health concerns.
Safer Recruitment
The main changes are found in Part 3, Safer Recruitment, not in response to consultation, but as a direct consequence of the passing of the Crime and Policing Act 2026 which amends the Safeguarding Vulnerable Groups Act 2006 to remove the “supervision exemption” from the definition of regulated activity for volunteers; introducing a need for a DBS with barred list check if specified circumstances apply.
From 1 September 2026, a volunteer will be undertaking regulated activity with children regardless of whether they are supervised, if they teach, train, instruct, care for or supervise children or providing advice or guidance on physical, emotional or educational well-being, or driving a vehicle only for children:
- On more than three days in a 30-day period, whether at one school or across multiple settings combined; or
- Overnight, between 2am and 6amand it gives the person the opportunity to have face to face contact with children, even if this happens only once.
The overnight rule will mean that a volunteer who helps on a single residential trip is engaged in regulated activity, regardless of how often they otherwise come into school.
These changes covers all current volunteers who fall within the definition above, together with any new recruits for the September 2026 academic year onwards and is in addition to other established circumstances when a volunteer would be carrying out a regulated activity (for example providing personal care) which we are not covering in this note.
Schools are also now reminded of their duty to have regard to the the Public Sector Equality Duty (PSED) when making referrals to the TRA.
Action to take
The changes to regulated activity take effect from 1 September 2026. Policies should be reviewed in light of the revised thresholds for regulated activity and should be updated to reflect expectations for volunteer checks. Schools should also ensure that operational practice reflects these changes, and update staff training too.
Governors should be briefed on the changes and should review all safer recruitment practices and processes to ensure that they are fit for purpose. DBS checks for affected volunteers should be put into motion without delay so that they can continue in their roles from the start of the new academic year.
Role of the Designated Safeguarding Lead (DSL)
The updated KCSIE guidance reiterates that the DSL should take lead responsibility for safeguarding and child protection (including online safety and understanding the filtering and monitoring systems and processes in place). This should be explicit in the role holder’s job description. Their additional responsibilities include providing advice and support to other staff on child welfare, safeguarding and child protection matters, taking part in strategy discussions and inter-agency meetings, and/or supporting other staff to do so, and contributing to the assessment of children.
The 2026 guidance extends the expectations around DSL availability and cover, to make it explicit that the DSL, or a deputy, should always be available during school hours and, ideally, this should be in person. However, it is a matter for individual schools, working with the DSL, to define what “available” means and whether, in exceptional circumstances, availability via phone and or Microsoft Teams or other such media is acceptable, together with ensuring that adequate and appropriate cover arrangements are in place for any activities which take place outside of school hours or the school term e.g. school trips.
Schools must also put in place measures for the continuity of safeguarding so that whenever the DSL is unavailable or on leave, there is a clear, reliable, and known arrangement in place so that concerns can be raised and addressed appropriately. This could, for example, include a confidential shared mailbox or equivalent system to ensure that safeguarding concerns are received, monitored, and acted upon without delay.
The DSL is responsible for ensuring that child protection files are kept up to date and where children leave the school (including in year transfers), the DSL should ensure their child protection file is transferred to the new school as soon as possible, and within 5 days for an in-year transfer or within the first 5 days of the start of a new term. The timely transfer of records will help the child’s new school to manage safeguarding concerns and risks .
The child protection file should always be transferred separately from the main pupil file, ensuring secure transit, and confirmation of receipt should be obtained.
Receiving schools should ensure key staff such as the DSL and special educational needs co-ordinators (SENCOs), are aware of relevant information as required
In addition to the child protection file, the DSL is now required to also consider if it would be appropriate to share any information with the new school in advance of a child leaving particularly where the information would support an assessment of risk to others in the school as well as the individual pupil. For example, information that would allow the new school to continue supporting children who have had a social worker and been victims of abuse, or those who are currently receiving support through the ‘Channel ‘programme and can have that support in place for when the child arrives or incidents that may indicate concerns about serious violence or harmful behaviours. It is recognised good practice for a conversation to take place between the DSLs at both settings, where there are issues or concerns, so that serious risks are not missed when a child changes school.
Mental Health
The section on mental health in Part One has been substantively updated to make it clear that all staff should be aware that mental health problems can, in some cases, develop into safeguarding concerns, and now expressly lists self-harm, suicidal ideation or risk of suicide as standalone safeguarding concerns, whilst also being potential indicators that a child has suffered or is at risk of suffering abuse, neglect or exploitation.
School staff are reminded that they should not attempt to diagnose a mental health problem; that is reserved for appropriately trained professionals, but they should adopt an observational position to identify those whose behaviours suggest that they may be experiencing, or are at risk of developing a mental health problem.
Paragraph 46 of KCSIE provides a list of warning signs that school staff should be alert to including:
- eating disorders;
- significant changes in behaviour;
- ongoing difficulty sleeping;
- withdrawing from social situations;
- not wanting to do things they usually like; and
- physical signs of self-harm or neglecting themselves.
School staff are encouraged to offer support and early intervention which are evidence based as safe, effective and appropriate for the need and phase of education, whilst also following child protection and safeguarding procedures where there are safeguarding concerns.
Next steps
In light of these amendments, we recommend that all schools and academy trusts update their policies and ensure all staff receive training.
The policy should include the necessary amendments; not every word of every change is required to be reflected in your policy, but your policy is designed to achieve strong safeguarding practice that reflects what happens on the ground.
Staff training is essential to ensure strong and positive safeguarding; all staff need to be updated about the changes to this year’s version of KCSIE, but schools should consider how this can be done in a practical and engaging way.
It is for individual governing boards to measure outcomes; by measuring and ensuring staff knowledge, remembering that knowledge and practice is the key, not attendance or staff confirmation that they have read something. It is governing bodies and proprietors, who have the ultimate responsibility for strategic leadership and safeguarding and promoting the welfare of children.
For assistance with safeguarding and child protection enquiries please contact our team of specialist lawyers at schoolsupport@wslaw.co.uk or on 0345 070 7437.