KCSIE 2026 Consultation: A professionals Briefing

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20th February 2026

The Department for Education (DfE) has opened a consultation on proposed revisions to Keeping Children Safe in Education (KCSIE) 2026. This statutory guidance sets out the legal duties that schools and colleges must comply with to safeguard and promote the welfare of children.

Unlike minor annual updates, the 2026 draft represents one of the most significant structural shifts in safeguarding expectations in recent years. It integrates findings from the landmark Cass Review, addresses rapidly evolving technological risks, and formally transitions multiple pastoral issues into the statutory safeguarding domain.

The consultation aims to engage all stakeholders responsible for child welfare in England, from frontline staff and Designated Safeguarding Leads (DSLs) and their deputies, to governing bodies and proprietors, ensuring the guidance is robust and practical for all practitioners.

Consultation Period: 12th February 2026 – 22nd April 2026
Planned Implementation: 1st September 2026

It is important to note that the proposed revised guidance should be read in its entirety, and safeguarding professionals should not rely solely on this or other summaries or overviews.

Proposed revisions include:

1. Support for Gender-Questioning Children

Integrated directly from the Cass Review, these principles are now part of the statutory framework (Refer to KCSIE 2026 Draft, Part 2, pp. 65-71).

An Informed Approach: ‘In making decisions about supporting social transitions, schools and colleges must comply with their distinct but interacting obligations under safeguarding legislation and equality and human rights law.’ This is to ensure an informed evaluation of welfare and interest (para 253).
Parental Involvement: Involving parents is the default requirement in ‘the vast majority of cases’ unless a documented specific safeguarding risk exists. In these instances, the DSL should decide on the action to be taken to safeguard the child before any parental or carer contact or decisions are made (paras 260 – 262).
Biological Sex Provision and Record Keeping: The draft guidance mandates no exceptions for the provision of single-sex facilities (toilets, changing rooms, showers and dormitories) based on biological sex (paras 110 & 114). Schools and colleges are legally required to record a child’s biological sex accurately in all records (para 273). Without compromising the provision of single-sex facilities, schools can explore whether and how alternative arrangements can be provided (paras 108, 114 & 194).

2. Technology, AI, and Cyber Security

AI Deepfakes as Abuse: The definition of child-on-child abuse now explicitly includes AI-generated images and / or videos (including deepfakes) (refer to KCSIE 2026 Draft, Part 1, para 34).
Mandatory Annual Reviews: Governing bodies and proprietors must now document a review of filtering and monitoring effectiveness at least once every academic year (refer to KCSIE 2026 Draft, page 47, para 166).
Cyber Security Duty: Safeguarding records and child data are now core safeguarding concerns. Compromised data is viewed as an immediate risk to child wellbeing, shifting cybersecurity from an IT task to a core safeguarding responsibility (refer to KCSIE 2026 Draft, Part 2, para 170).

3. Mental Health and Serious Violence

Mental Health as Safeguarding: All staff need to be aware that mental health problems could develop into a safeguarding concern. This could include, for example, self-harm, eating disorders, or suicidal ideation. If there is an immediate risk of danger, or if a child requires urgent non-emergency help for their mental health, staff should follow the appropriate referral pathways (refer to KCSIE 2026 Draft, Part 1, paras 44 and 47).
The Intent Threshold: Staff are now expected to report any child expressing the intent to use or carry a weapon, lowering the threshold to allow for earlier DSL intervention and de-escalation (refer to KCSIE 2026 Draft, Part 1, para 48).

Further Notable Revisions

The 2026 draft introduces several other technical and operational updates that carry significant strategic weight:

Misogyny & Sexual Harassment: The draft guidance introduces a progressive continuum of sexual behaviours, highlighting how misogyny can lead to the normalisation of harassment and violence (refer to KCSIE 2026 Draft, Part 5, para 31).
Operation Encompass: Police notifications following domestic abuse will now capture the voice of the child. This will include what they have said, their presenting behaviour and protected characteristics to ensure culturally sensitive support (refer to KCSIE 2026 Draft, p. 168).
DSL Handovers: The draft guidance introduces the necessity of continuity of safeguarding responsibilities. Schools should ensure cover is available for when the DSL is unavailable. Such arrangements could include a ‘shared confidential mailbox or equivalent system to ensure safeguarding concerns are received, monitored and acted upon without delay’ (refer to KCSIE 2026 Draft, Part 2, para 126).
Strengthened Safeguarding Transfers: The new guidance maintains the statutory five-day rule for transferring child protection files but significantly raises expectations for proactive, detailed information sharing between settings. While the mechanical process of secure, separate transit remains unchanged from 2025, the new guidance explicitly mandates that DSLs provide comprehensive context on high-level risks; such as serious violence, channel support, and AI-related harms prior to the child’s arrival. This shift moves the requirement beyond a mere administrative handover toward a mandatory continuity of support model, where verbal DSL to DSL consultations are now strongly expected and highlighted as good practice to ensure no safeguarding nuance is lost during the transition (paras 176-177).
Early Help Terminology: To align with broader reforms, the draft guidance distinguishes between community-based Early Help (universal) and targeted early help (multi-disciplinary Family Help teams) (refer to KCSIE 2026 Draft, Part 1, para 17).
General Language Updates: Terminology and definitions have been updated throughout the guidance. Examples include: Replaced “indecent”, “nude, semi-nude” and “also known as sexting or youth produced sexual imagery” with “self-generated intimate images and/or videos including those generated using AI, e.g. deepfakes”. Updated the definition of “assault by penetration.” Added further references to “misogyny.” Retitled “Child-on-child abuse” to “Child-on-child abuse (including harassment and violence).”

Strategic Implementation Roadmap

Reviewing the consultation requires looking beyond individual clauses to the broader operational impact. The DfE is specifically seeking on the ground feedback on the new sections. While the guidance is currently in draft form, safeguarding professionals and educational leaders should take proactive steps to help shape the final version and prepare for a September 1st implementation.

1. Review Annex D

Start your review with Annex D, which provides a full list of substantive changes from the 2025 version.

2. Submit Your Feedback

Ensure your setting’s voice is heard by responding through the official GOV.UK portal by the 22nd April 2026 deadline.

3. Strategy for Responding

The DfE specifically values evidence-based implementation concerns. When drafting a response:

Be Specific: Instead of stating a paragraph is unclear, explain exactly how it might conflict with current Equality Act or GDPR obligations.
Focus on Resource: If the removal of Annex A (requiring all staff to read Part One in full) will require significant additional training hours annually, include that specific impact in your response.
Propose Alternatives: If specific thresholds, such as the intent threshold for serious violence, feel too broad, suggest wording that balances early intervention with a child-centred approach.

4. Preliminary Gap Analysis - Consider the following:

Policy Audit: Review Safeguarding, Behaviour, and Attendance policies against the new thresholds for serious violence intent and mental health referrals.
Resource Assessment: Calculate the additional training time needed for non-teaching staff (e.g., site and catering teams) who will now be required to read the full Part One document.
DSL Cover Plan: Evaluate your succession and cover arrangements; the draft suggests moving toward robust, documented continuity systems, such as confidential shared mailboxes.

5. Strategic Briefing for Governors and Trustees

Strategic leaders must be made aware of the increased implications of the Public Sector Equality Duty. Use a Statement of Impact to brief your board on the potential resource requirements for biological sex recording, half-termly Alternative Provision (AP) safety reviews, and mandatory annual digital audits.