Key Changes to the EYFS Statutory Framework (1st September 2026): Safer Recruitment

One of the key changes to the EYFS statutory framework for childminders and group and school-based providers effective from the 1st of September 2026 is around safer recruitment.

Group and school-based providers

• Ensure you have updated your safer recruitment policy in line with forthcoming changes - EYFS statutory framework for group and school-based providers 2026. See section 3 – The Safeguarding and Welfare Requirements (Safer recruitment references 3.20 and 3.21).
• Ensure no new staff member starts until their Enhanced DBS and barred list check has been received (See section 3.17).

3.20 Providers must obtain at least one written reference for any member of staff (including students and volunteers) before they are recruited.

Providers should:

• Not accept open references e.g. to whom it may concern.
• Not rely on applicants to obtain their reference.
• Ensure any references are from the applicant’s current employer, training provider or education setting and have been completed by a senior person with appropriate authority.
• Not accept references from a family member.
• Obtain verification of the individual’s most recent relevant period of employment where the applicant is not currently employed.
• Secure a reference from the relevant employer from the last time the applicant worked with children (if not currently working with children). If the applicant has never worked with children, then ensure a reference is from their current employer, training provider or education setting.
• Ensure electronic references originate from a legitimate source.
• Contact referees to clarify content where information is vague or insufficient information is provided.
• Compare the information on the application form with that in the reference and take up any discrepancies with the applicant.
• Establish the reason for the applicant leaving their current or most recent post, and ensure any concerns are resolved satisfactorily before appointment is confirmed.

3.21 References

• References should be provided for current and previous employees upon request in a timely manner.
• When asked to provide a reference, providers should ensure the information confirms whether they are satisfied with the applicant’s suitability to work with children and provide the facts (not opinions) of any substantiated safeguarding concerns/allegations that meet the harm threshold. They should not include information about concerns/allegations which are unsubstantiated, unfounded, false, or malicious. 

3.17 Ensure no new staff member starts until their Enhanced DBS and barred list check have been received.

• Providers must not allow individuals to begin working or volunteering at the setting until they have received the applicant’s enhanced criminal records and barred list check. Providers must not allow anyone whose suitability has not been checked, including through a criminal records and barred list check, to have unsupervised contact with children being cared for.

Childminders

• Ensure you have updated your safer recruitment policy in line with forthcoming changes - EYFS statutory framework for childminders 2026. See section 3 – The Safeguarding and Welfare Requirements (Safer recruitment references 3.21 and 3.22).
• Ensure no new staff member starts until their Enhanced DBS and barred list check has been received (See section 3.18).

3.21 Childminders must obtain at least one written reference for any assistants before they are recruited.

Childminders should:

• Not accept open references e.g. to whom it may concern.
• Not rely on applicants to obtain their reference.
• Ensure any references are from the applicant’s current employer, training provider or education setting and have been completed by a senior person with appropriate authority.
• Not accept references from a family member.
• Obtain verification of the individual’s most recent relevant period of employment where the applicant is not currently employed.
• Secure a reference from the relevant employer from the last time the applicant worked with children (if not currently working with children). If the applicant has never worked with children, then ensure a reference is from their current employer, training provider or education setting.
• Ensure electronic references originate from a legitimate source.
• Contact referees to clarify content where information is vague or insufficient information is provided.
• Compare the information on the application form with that in the reference and take up any discrepancies with the applicant.
• Establish the reason for the applicant leaving their current or most recent post, and ensure any concerns are resolved satisfactorily before appointment is confirmed.

3.22 References

• References should be provided for current and previous employees upon request in a timely manner.
• When asked to provide a reference, childminders should ensure the information confirms whether they are satisfied with the applicant’s suitability to work with children and provide the facts (not opinions) of any substantiated safeguarding concerns/allegations that meet the harm threshold. They should not include information about concerns/allegations which are unsubstantiated, unfounded, false, or malicious.

3.18 Ensure no new staff member starts until their Enhanced DBS and barred list check have been received.

• Childminders must not allow assistants to begin working or volunteering at the setting until they have received their enhanced criminal records and barred list check. Childminders must not allow anyone whose suitability has not been checked by Ofsted or their CMA, including through a criminal records and barred list check, to have unsupervised contact with the children being cared for.