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What’s changed in the EYFS statutory framework for September 2026

On the 13th of July 2026, the DfE published the latest EYFS statutory framework. The updated version will come into force from the 1st of September 2026, ready for the new academic year.

Some of the latest updates won’t come as news. A number of these changes were announced separately over the past year, and we’ve already written update blogs on them.

What’s changed now is that they’ve moved from isolated updates into the formal EYFS statutory framework itself, meaning they’re still requirements you’ll be inspected against from September, but now all in one place. We know nursery owners and managers work hard to stay on top of DfE updates, so we’ve compared the 2025 and 2026 EYFS frameworks line by line, breaking down what’s changed and what it means for your setting.

How has the EYFS statutory framework changed over time?

Before we get into the latest updates, here’s a quick recap of the change history the EYFS statutory framework has been through over the past (almost) two decades.

2008

The EYFS framework was first introduced in 2008, replacing three separate frameworks: Birth to Three Matters, the Foundation Stage and national standards for daycare. It combined the full birth-to-five age range into a single framework rather than splitting by age or setting type, as the previous three documents had done.

2021

The biggest shift came in September 2021, when the focus moved away from heavy paperwork and observations toward more meaningful adult-child interaction. The 2021 update saw the overhaul of the Early Learning Goals, and the Reception Baseline Assessment was made statutory.

2024

In January 2024, the single EYFS document was split into two separate frameworks: one for group- and school-based providers and another for childminders.

2025

Then, in September 2025, the framework turned its attention to safeguarding, introducing whistleblowing procedures, child absence monitoring, tighter reference checks, and clearer paediatric first-aid requirements.

2026

Much of what’s new in the 2026 update has already been released, before now landing in the statutory framework itself, including the safer sleep guidance published by the DfE and the Lullaby Trust, and Ofsted’s refreshed Early Years Inspection Toolkit.

A summary of the 2026 EYFS statutory framework changes

Most of the framework remains the same, word for word. Sections 1 and 2, covering learning and development and assessment, are unchanged for 2026.

As expected, following the 2026 updates to the (KCSIE), the Crime and Policing Act 2026, and the Working Together to Safeguard Children 2026.

The only changes to the 2026 EYFS statutory framework sit in Section 3, safeguarding and welfare.

Section 3: Safeguarding and welfare requirements

Each change below compares the wording of the 2025 EYFS framework to the new 2026 version, so you can see exactly what’s been added, removed or reworded, and what it means for your nursery.

Volunteer DBS and barred list checks widen

This is one of the biggest changes in the framework update. The Crime and Policing Act 2026 removed the previous exemption that allowed supervised volunteers to ‘help out’ occasionally without a DBS check.

Now, only volunteers helping for fewer than three days in a 30-day period, without overnight care or personal care, are exempt.

Everyone else working or volunteering with children needs an enhanced DBS and barred list check, completed before they start.

What this means for you: if you rely on parent helpers, work experience students or occasional volunteers, it’s time to check your recruitment process.

Anyone stepping into a more regular volunteering role from September will need a full check in place before their first session, not just before they’re left alone with children. This is particularly important to consider around the festive seasons, when there may be more trips out or events involving volunteers.

Disclosure duty also widened

Alongside the DBS changes, staff and prospective staff must now disclose arrests and charges, not just convictions and cautions, and this duty explicitly extends to people who haven’t yet started working with you.

What this means for you: update your application forms and induction paperwork so new starters know what they need to declare and reflect the altered language used, and make sure existing staff know the disclosure duty has widened too.

A new threshold for reporting to Ofsted

There’s been a single-word change in the framework that can alter how your nursery team measures the threshold for contacting Ofsted about child welfare concerns.

Previously, the 2025 framework said:

‘Registered providers must inform Ofsted, or the CMA with which a provider of CoDP is registered, of any allegations of serious harm or abuse by anyone living, working, or looking after children at the premises.’

The 2026 framework version has removed the word ‘serious’ from the harm descriptor. Dropping ‘serious’ from the reporting requirement means providers must now notify Ofsted of any allegation of harm or abuse, not just serious ones.

What this means for you: in practice, it will likely lower the threshold for the types of incidents reported to Ofsted. It’s definitely a wording shift all your practitioners should be aware of, and ensure your EYFS safeguarding policy reflects it.

Safer sleep guidance becomes statutory

Although, as we covered in our summary of the safer sleep guidance, as it’s mentioned in the NHS guidance, it’s already been statutory since it was brought in. But now, it’s mentioned in the EYFS statutory framework, too.

What this means for you: if you haven’t already updated your sleep policy to match this guidance, that’s an immediate task.

EYFS ratios now apply across the whole setting

The wording surrounding EYFS ratios has been updated to clarify how ratios should be calculated.

The 2026 EYFS framework has added the section highlighted below:

‘The ratio requirements below apply to the total number of staff available to work directly with children, across the whole provision, not just each room. Exceptionally, and where the quality of care and safety and security of children is maintained, changes to the ratios may be made.’

This doesn’t change the numerical ratio requirements they still stay as: Under 2s are still 1:3, age 2 is still 1:5, age 3+ is still 1:8 or 1:13 depending on qualified staff presence.

What’s changed is the explicit confirmation that Ofsted assesses your staffing against your total number of children in an age band across the whole setting, not room by room in isolation.

What this means for you: if your setting has been staffing each room to hit ratio independently, it’s worth reviewing how you track nursery ratios before September, particularly if staff move between rooms during the day for cover, breaks or mixed-age activities.

Banned dog breeds

This is an entirely new paragraph, not present anywhere in the 2025 EYFS framework.

2026 EYFS statutory framework, paragraph 3.82, page 39:

‘Banned dog breeds (meaning dogs to which section 1 of the Dangerous Dogs Act 1991 applies, including the XL Bully type) must not be kept or present on the premises at any time.’

What this means for you: think about pick-ups and drop-offs here. If your setting has any staff, family members or even visitors who keep a banned breed, regardless of any exemption certificate they may hold personally, you must be clear that the dog isn’t allowed onto the premises.

Nursery children’s screen use

This is a new requirement added to the updated framework:

2026 EYFS framework, paragraph 3.94, page 42:

‘Providers must have regard to the formal guidance on children’s screen use in early years settings.’

The guidance it refers to is Help for early years providers: Screen use, and it’s worth reading in full to make sure your setting’s approach to screens aligns with best practice and the new requirement.

The early years screen use guidance advises avoiding screen time altogether for under-2s except in exceptional circumstances such as video calls with parents, and limiting screen time for 2- to 5-year-olds to a maximum of an hour a day, less where possible.

It also asks providers not to let children use screens alone, to keep content slow-paced and advert-free, and to avoid children using AI, including toys with built-in AI features, until more evidence is available on its impact.

What this means for you: review or write a child screen use policy for your setting, check any apps, toys or devices you currently use for built-in AI features, and share your approach with parents so they understand when and why screens are used.

Other smaller additions

Two further small changes round out the update to the 2026 EYFS statutory framework.

The new 2026 framework, paragraph 3.105, page 44, adds a bullet point not present in the 2025 version:

‘Any change to the persons aged 16 years or older living or working on any domestic premises from which childcare is provided.’

And the 2026 framework, paragraph 3.91, page 41, adds a cross-reference not present in the 2025 version:

‘Providers should also have regard for the paediatric first aid requirements set out in section 3.39 while on outings with children.’

Neither of these changes what you’re already required to do, but both make existing expectations more explicit.

Want to stay up to date with all nursery requirements?

Between DfE frameworks and Ofsted updates, it’s a lot to keep on top of.

That’s why we share clear, practical summaries like this one, alongside Ofsted updates and best-practice guidance for nursery managers who want their teams to stay ahead.

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Louise Jackson
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