Back to School: key regulatory updates for the Autumn Term

Keeping Children Safe in Education (KCSIE)

The DfE published the final version of its statutory guidance, KCSIE, on 1 September 2025, following the 'for Information' version published in July. The final version contains no substantive changes from the ‘for information’ version, however, minor changes include updated links to resources as well as an updated definition of extremism (page 157).

School staff should be made aware of this year's changes, to include the revised definition referred to above, changes relating to online safety (providing a greater emphasis on schools' obligations to meet the digital and technology standards), artificial intelligence, alternative provision, Virtual School Heads and attendance.
We suggest that schools take action, if they haven’t already, to:

Assess additional training requirements (at induction, INSET and thereafter) for governors and staff on the changes.
Review and update their existing policy suite to take account of the new version of KCSIE, focusing on policies relating to safeguarding, online safety and any covering the use of AI.
Review the appropriateness of existing arrangements for overseeing the filtering and monitoring of school systems and devices.
Consider whether any additional measures would enable the school and its staff to better respond to cyber-attacks and improve cyber-resilience.

Early Years Foundation Stage (EYFS) statutory framework

The new version for group and school-based providers was published by the DfE on 14 July and came into force on 1 September 2025. The framework sets the standards for learning, development and care for children from birth to five years of age.

Schools in England with early years provision are required to comply with the framework whether or not they are registered with Ofsted on the early years' register. Some schools may have exemptions from the learning and development requirements and assessment arrangements, but all have to comply with section 3 (the safeguarding and welfare requirements), in addition to KCSIE.

A range of changes have been made to the framework, in particular to section 3, including in relation to whistleblowing, child absence, references, safeguarding training, paediatric first aid, safer eating, toilets and intimate hygiene and information required about the child.

Any proprietor failing to comply with the requirements of the new regulations will be guilty of a criminal offence, under section 43(3) of the Childcare Act 2006 and can be fined. Schools with EYFS provision should therefore ensure that their practices reflect these requirements, and staff are aware of the changes.

We recommend schools take action to:

train staff and providers on the updated requirements
review and update existing policy suites to take account of the new framework, focusing on policies relating to safeguarding, first aid (including allergies), whistleblowing and attendance
revisit dynamic risk assessments in relation to safer eating and toileting and intimate hygiene, ensuring that the environment supports safe practice
ensure arrangements are in place to check that the new requirements are followed in practice

Generative Artificial Intelligence (AI) in education guidance

New guidance was published by the DfE on 10 June 2025 setting out clear principles for AI use, with education standards and child safety at the fore. The DfE also published support materials for schools and leaders to use AI effectively and safely which should be used consistently with the new guidance, a product safety framework and KCSIE.

Protective security and preparedness for education settings

This non-statutory guidance and self-assessment templates designed to help education settings prepare for and respond to acts of terrorism and other major incidents, were updated by the DfE on 28 April 2025. Changes include the roles of security leads, incidents leads and all staff ahead of the enactment of provisions relating to schools under the Terrorism (Protection of Premises) Act 2025. The DfE also published an associated policy paper on 1 September (which is referenced below).

Future changes

Although not yet in force, there have been additional publications about future changes, which whilst not yet binding, do help to inform schools' current arrangements, namely:

Relationships Education, and Relationships and Sex Education and Health (RSHE) guidance - The DfE published revised statutory RSHE guidance on 15 July 2025 for introduction from 1 September 2026. There is a stronger emphasis on parental engagement and consultation, whilst the guidance offers greater flexibility for schools to shape their curriculum based on local needs and contexts. The current version, last updated on 13 September 2021, remains in force until then.
Martyn's Law for Education Settings - The DfE published a policy paper on 1 September 2025 explaining how the Terrorism (Protection of Premises) Act 2025 (Martyn’s Law) will apply to education settings. The legislation places responsibility on those managing premises and events, to minimise the impact of a terrorist attack by improving protective security and preparedness. All in-scope settings must adopt proportionate measures including evacuation, invacuation and lockdown procedures, as well as establishing sufficient communication protocols. There will be a 24-month implementation period before the Act takes effect. In that time, the government will publish statutory guidance following a period of stakeholder consultation which will help settings understand the requirements of the Act.
Draft guidance on the Use of Reasonable Force and Restrictive Intervention - Draft guidance was consulted on earlier this year and we are awaiting a final version, although the version which was consulted upon (revised draft) does not make it clear that it was in fact a draft. Finalisation will require legislative amendment. The proposed revisions are intended to help staff assess when the use of force is reasonable, the circumstances in which it can be used and help them feel more confident to use this power safely and appropriately. It also includes a section in developing a policy on the use of force and other restrictive interventions, which can be included in a school's behaviour policy. Schools may therefore wish to use this as a starting point to review their current procedures.
Revised guidance on gender questioning children - Despite suggestions that we would have this by 1 September, revised guidance on gender questioning children remains outstanding. An updated note in KCSIE indicates that this is expected soon.