Back to school: What Academies and Maintained Schools must do to have compliant policies

The Department for Education (DfE) provides guidance to Academies and Maintained Schools on statutory policies which they are required to have and how often these policies should be reviewed. Whilst some policies, such as a safeguarding and child protection policy, should be reviewed annually, all relevant policies should also be updated in line with any changes made to the relevant regulatory and legislative frameworks. 

The DfE has published new and updated guidance this year on a variety of matters concerning pupils which results in action needed from schools in relation to their policy reviews. 

The relevant guidance is summarised below, together with a list of policies which schools should be updating as soon as possible to ensure legal compliance with recent changes.  

Keeping Children Safe in Education (KCSIE)

The DfE published an updated version of its statutory guidance KCSIE on 7 July 2025. The updated guidance has been marked as 'For information only', pending publication of the final version on 1 September 2025. The government had announced that only technical changes would be made to KCSIE, however there is some content in this updated version that school staff should be aware of that relates 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. Our recent article covering these changes can be found here. 

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 which means that schools have one year to implement the changes. Our recent article on the revised guidance can be found here. In particular, 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 31 August 2026 and schools should therefore continue to have regard to this version. 

Early Years Foundation Stage (EYFS) statutory framework

A new version was published by the DfE on 14 July 2025 which will come into force from 1 September 2025, following a consultation earlier in the year on proposals to strengthen safeguarding requirements. A range of changes have been made to the framework including those in relation to whistleblowing, child absences, references, safeguarding training, paediatric first aid, safer eating, toilets and intimate hygiene and information required about the child.  Compliance with the new EYFS statutory framework is an inspection matter and any proprietor (Academy Trust or governing body of a maintained school) 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 check their practices reflect these requirements and staff are aware of the changes.

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. Our recent article provides further information. 

Alternative Provision (AP) guidance

Revised AP Guidance published on 5 February 2025 contains statutory requirements and best practice concerning the use of AP. The guidance was revised throughout and schools should therefore review it in its entirety to ensure that they are commissioning AP for pupils lawfully and that they retain their safeguarding duties to pupils placed in AP.  

SEN and Disability Duties: guidance for school governing boards

New guidance published by the DfE on 3 February 2025 is designed to help governing boards (i.e. the trust board within an Academy Trust or the governing body in a maintained school) with their role and responsibilities in relation to pupils with special educational needs (SEN) and disabilities. It sets out practical considerations for the governing board as part of their oversight function and includes an SEN and disability checklist which provides a non-exhaustive list of questions and points of reference to help governing boards in their scrutiny of school support. The Council for Disabled Children subsequently published three new guides on the disability duties in the Equality Act 2010 for schools which place an emphasis on a whole setting approach to the duties and include a guide for governors and trustees. 

Protective Security and Preparedness for Education Settings

This non-statutory guidance, which was first published to held a helping a wide range of education settings to prepare for and able to respond to terrorism and other major incidents, was updated by the DfE on 28 April 2025. Numerous changes have been made in particular in relation to the roles of security leads, incidents leads and all staff ahead of the new requirements for education settings due to come into force under the Terrorism (Protection of Premises) Act 2025 ('Martyn's Law'). 

Draft guidance on the Use of Reasonable Force and Restrictive Intervention

The Government is considering the public response to a revised draft, following a consultation which took place between February and April 2025. The 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. Whilst the final version of the revised draft is not likely to come into force until September 2025, schools may wish to use this as a starting point to review their current procedures.  

Automated External Defibrillators (AEDs) in schools guidance

Updated guidance was published by the DfE on 24 January 2025 which provides a small number of amendments to the previous version in particular to the section on locking and unlocking cabinets to help schools make decisions about how to allow quick access to defibrillation units when they are needed whilst maintaining their security. 

As a result of this suite of new and updated guidance, schools should review and amend the below policies to ensure that they are complaint and in line with best practice:

What to expect from September 2025 and beyond 

Schools should also be anticipating the following: 

1. Revised guidance on gender questioning children
2. Changes as a result of The Children's Wellbeing and Schools Bill 
3. The expected SEN White paper and the Government's plans for the EHCP regime 
4. The Terrorism (Protection of Premises) Bill ('Martyn's Law') and protective security 
5. Changes in response to the recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA) including the mandatory reporting duty - expected to come into effect in 2026 following the introduction of the Crime and Policing Bill 

Future policies reviews will therefore be required as and when any further changes are introduced. 

How can we help? 

We can assist schools with reviewing and amending their policies to ensure that they are legally compliant and in line with best practice, which is critical from a legal and regulatory standpoint. We also regularly update our template policies to ensure compliance, which are available for our clients to purchase. 

Please also join us for our free Back to school webinar on 27 August 2025 which will cover the key changes to education law and statutory guidance from September 2025 to help schools prepare effectively for the new school year.