Key changes to Keeping Children Safe in Education 2026

Updated statutory safeguarding guidance comes into effect on 1 September 2026

The updated statutory Department for Education guidance, Keeping Children Safe in Education (KCSiE), sets out safeguarding requirements on schools and colleges and will come into effect on 1 September 2026. The updated guidance amends the 2025 version and sets out measures to safeguard and promote the welfare of children under 18.

The updated guidance includes a raft of minor changes along with some key additions. In this article, we focus on the key changes which school and academy trust leaders should be aware of.

The key changes to KCSiE include addressing:

• Children questioning their gender;

• Emerging risks associated with artificial intelligence (AI);

• Mobile phone free schools;

• Child-on-child abuse; and

• Designated Safeguarding Lead (DSL) cover arrangements.

Children questioning their gender

KCSiE now separates its provisions on children who are lesbian, gay or bisexual from those relating to children who are questioning their gender. It also provides greater clarity on requests relating to social transition, which are expected to be raised by either a parent and/or the child.

The changes require schools to:

1. prevent children from using toilets designated for the opposite biological sex (paragraph 106);

2. prevent children aged 11 or over from undressing in front of a child of the opposite biological sex, or using changing rooms designated for the opposite sex (paragraph 113); and

3. prevent children from sharing overnight accommodation with a child of the opposite biological sex (paragraph 198).

Schools will need to consider suitable alternative arrangements while continuing to promote the welfare of all children, including those who are questioning their gender and their peers.

We have previously discussed these changes and the next steps for schools in our article here: Trans pupil guidance for schools to be part of statutory safeguarding guidance.

AI and online safety

Within the online safety guidance, examples of the risks through contact and conduct now include examples of AI. These include being subjected to harmful online interactions with generative AI and the making, sending, or receiving of explicit images generated by AI.

To combat this, as part of their online safety, schools and colleges should consider:

1. devising and implementing online safety within their overarching approach to safeguarding; and
2. how online safety should be reflected within curriculum planning, teacher training, the roles of the DSL, and parental engagement.

Further guidance setting out support and the legal requirements for schools and colleges choosing to implement Generative AI, either teacher or pupil facing can be found here: Generative artificial intelligence (AI) in education.

Additionally, the DfE, in partnership with other organisations, have published further online resources to help staff use AI safely. Details of which can be found here: Using AI in education settings: support materials.

Mobile phone policy

The new “Mobile phone policy” guidance provides that schools should be mobile phone-free environments by default. Schools are legally required to follow the statutory guidance, with any departure from this approach treated as an exception only. We previously considered the effect of these changes in April 2026, following the government’s announcement. Further details are available in our article here: Mobile phones in schools guidance to become statutory – what has changed?

Further statutory guidance regarding creating a mobile phone-free environment and examples of schools with implemented policies can be found here: Mobile phones in schools; Creating a mobile phone-free environment: school case studies.

Child-on-child abuse

KCSiE makes clear that all staff in schools and colleges must be aware that child-on-child abuse is a safeguarding issue for both the victim and alleged perpetrator.

Staff should know that child-on-child abuse is preventable and be aware of behaviours/indicators of risk early to provide evidence-based support and prevent such abuse.

The definition of child-on-child abuse now includes sexual harassment, including but not limited to sexual comments, remarks, and jokes, which can be standalone comments or part of a wider pattern of abuse.

DSL cover arrangements

KCSiE continues to require DSLs to have appropriate status and authority within the school or college, and now also specifies that the DSLs must have the skills and experience needed to carry out the role effectively.

Schools and colleges must now have robust cover arrangements in place when the DSL is unavailable, including clearly identified deputy DSL(s). Deputy DSLs should be trained to the same standard as the DSL, and cover arrangements should ensure safeguarding concerns are received, monitored, and acted on without delay.

The full Guidance can be found here: Keeping children safe in education 2026 (comes into force from 1 September 2026).

If you would like to discuss any aspect of this article further, please contact our Education team on 0113 244 6100.

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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.