KCSIE 2026: The 'for information' version has been published - what schools need to know before September

Earlier this year, the DfE consulted on proposed revisions to KCSIE and we published an overview of the key changes contained in the consultation draft. The final version largely adopts those proposals but also includes a number of important amendments made following the consultation and, in particular, changes required by the Crime and Policing Act 2026. Schools and colleges should now be finalising their preparations for implementation.

What has changed since the consultation draft?

Most of the proposals consulted on in February have been retained. Those included the removal of Annex A, new statutory guidance on children questioning their gender, expanded safeguarding guidance on exploitation, AI, mental health and serious violence, and significant revisions to Part Five. We discussed those changes in detail in our earlier article.

The July version does, however, introduce several additional amendments that schools should not overlook.

1. A fundamental change to regulated activity for volunteers

The most significant change is not the result of consultation responses but of new legislation.

The Crime and Policing Act 2026 amends the Safeguarding Vulnerable Groups Act 2006 by removing the long-standing supervision exemption from the definition of regulated activity, as it applies to unpaid or voluntary roles.

A volunteer who carries out regulated activity with children is eligible for an enhanced DBS check with children's barred list information. Currently, schools may either carry out those checks on a volunteer or use a volunteer unchecked provided appropriate supervision is put in place. This is because the element of supervision takes a volunteer outside the scope of regulated activity. From 1 September 2026 a volunteer will be undertaking regulated activity with children if they satisfy the legal definition, regardless of whether they are supervised.

The legal definition includes a role which involves teaching, training, instructing or supervising of children that is carried out frequently (once a week or more on an ongoing basis), on four or more occasions in a 30 day period, or overnight on one occasion (between 2am and 6am).

A person will also be undertaking regulated activity with children if:

They carry out duties in a school;
Those duties are carried out frequently (once a week or more on an ongoing basis); on four or more occasions in a 30 day period; or overnight on one occasion (between 2am and 6am);
Those duties are carried out in connection with the purposes of the school; and
Those duties give them the opportunity for contact with children.

This change means that all volunteers who satisfy the above definition will be eligible for enhanced DBS checks with children's barred list information. Schools will be expected to carry out those checks for all regular volunteers and will not be able to rely on supervision to avoid doing so.

These changes will apply to all volunteers, whether existing or yet to start. Schools should therefore review their arrangements for the use of volunteers before 1 September 2026 to ensure that enhanced DBS checks, and children's barred list checks, are being appropriately carried out.

2. Mobile phone guidance now has greater legal weight

Another important development is that the DfE's Mobile phones in schools guidance is now referred to as statutory guidance, rather than non-statutory advice.

Although the practical expectations are largely unchanged, schools must now have regard to that guidance when developing and implementing their mobile phone policies.

Schools reviewing behaviour and acceptable use policies ahead of September should ensure they accurately reflect the new status of the guidance.

3. A safeguarding response is now expected for all nude and semi-nude image sharing

The July version strengthens the approach to incidents involving the sharing of nude and semi-nude images.

Rather than focusing primarily on terminology, KCSIE now makes clear that all incidents involving the sharing of nude or semi-nude images require a safeguarding response, whether the sharing was consensual or non-consensual.

The guidance also adopts the simpler terminology of "making or sharing nudes and semi-nudes" throughout the document and includes a new explanatory section explaining the DfE's choice of language.

Schools should ensure their safeguarding and child-on-child abuse procedures reflect this broader safeguarding expectation.

4. Information security is now framed as safeguarding

A subtle but important change is the way cyber security and information security are described.

Rather than being presented simply as an IT or data protection issue, the July version expressly states that protecting children's personal information forms part of schools' wider safeguarding responsibilities.

This reflects the increasing recognition that cyber security failures can themselves create safeguarding risks for children.

5. Other notable changes

The July version also includes several further refinements, including:

Clarification that self-employed individuals may obtain their own DBS certificates;
Additional guidance and resources within Part Five, including new NSPCC resources and expanded content on consent;
Updated police referral resources for Designated Safeguarding Leads;
A new reference to the Public Sector Equality Duty when considering Teaching Regulation Agency referrals; and
Structural changes to the annexes following removal of the supervision guidance.

Whilst individually less significant, these changes should be reflected when reviewing safeguarding documentation and staff training.

What should schools do now?

Although many schools have already begun preparing for KCSIE 2026 following the consultation draft, publication of the "for information" version provides an opportunity to carry out a final implementation review before September.

Schools should in particular:

Review volunteer recruitment and DBS checking arrangements;
Identify any existing volunteers affected by the new regulated activity rules;
Update safeguarding and child protection policies to reflect the July amendments;
Review behaviour, online safety and mobile phone policies where necessary;
Ensure September safeguarding training reflects both the February proposals and the additional July amendments; and
Provide governors and proprietors with assurance that implementation plans remain on track.

Looking ahead

The publication of the "for information" version provides schools with a clear picture of the statutory safeguarding framework that will apply from September 2026. While much of the guidance reflects the consultation draft, the additional amendments, particularly those affecting volunteers and safer recruitment, have important practical implications and should not be overlooked.

Schools that have already begun implementing the February draft should ensure these final changes are incorporated before KCSIE 2026 comes into force on 1 September.

For further guidance on the key changes from KCSIE 2026, please contact us for a free demo of our KCSIE 2026 eLearning.