Keeping Children Safe in Education 2026

In brief

DfE statutory safeguarding guidance for schools and colleges in England, in force 1 September 2026, replacing KCSIE 2025. For the first time it embeds the formerly standalone non-statutory 'gender-questioning' guidance as statutory safeguarding guidance (§§252–282). It requires that schools do not permit children over 8 to use toilets of the opposite biological sex (§§106–107) and do not permit those over 11 to use changing rooms of the opposite biological sex (§113), with no exceptions (§274, for toilets/changing/boarding), and provides for suitable alternative facilities for gender-questioning pupils. §§260–276 address EA 2010 and HRA 1998 compliance and proportionality for 'other policies'. Statutory underpinning: School Premises (England) Regulations 2012 (maintained) and Education (Independent School Standards) Regulations 2014 (academies and independent schools).

Key provisions

• ¶¶107/114 — Scope of the facilities sections : Apply to schools, FE-sector institutions (FHEA 1992 definition) and 16-19 academies, all within Part 6 EA 2010; colleges outside that definition may fall under Part 3 or Part 5 and should take independent legal advice
• ¶108 — Toilets: opposite-biological-sex prohibition : Schools must not allow children into toilets designated for the opposite biological sex, including when responding to a request to support any degree of social transition
• ¶109 — Separate toilets for boys and girls aged 8+ : Required except where individual toilets are in a room lockable from the inside, intended for use by one pupil at a time; framed as required by SPR 2012 and ISSR 2014 across maintained schools, academies and independent schools
• ¶111 — Alternative facilities for gender-questioning pupils : Where a gender-questioning child does not want to use the toilet for their biological sex, schools and colleges should consider alternative self-contained facilities, without compromising single-sex provision or the safety, comfort, privacy or dignity of the child or other children
• ¶113 — Mixed-sex toilets : Where provided in addition to single-sex toilets, safeguarding risks must be assessed; mixed-sex toilets should be individual, lockable rooms opening directly onto public areas
• ¶115 — Changing rooms and showers : A child aged 11+ at the start of the school year must not undress in front of a child of the opposite biological sex; suitable changing accommodation and showers required (SPR 2012 reg 4(4) / ISSR 2014 Sch Pt 5 para 23(1)(c)); no access to opposite-sex changing rooms on social transition
• ¶¶254–284 — Gender-questioning chapter (statutory) : The formerly standalone non-statutory guidance is embedded as statutory safeguarding guidance; schools and colleges must not initiate action (¶255); decision principles at ¶¶262–274 are informed by the Cass Review (¶274: older children's greater agency; flexibility and keeping options open)
• ¶276 — 'No exceptions' : Pupils must not be allowed into toilets, changing rooms, or boarding/residential accommodation designated for the opposite sex, with no exceptions; where single-sex sport is implemented for safety, no exceptions there either
• ¶277 — Proportionality for 'other policies' : For policies beyond facilities/boarding/sport, schools and colleges must consider whether the policy places gender-questioning children at a disadvantage, both when developing the policy and when considering exemption requests, applying a legitimate-aim analysis (examples given: safeguarding, fairness in sport)
• ¶284 — Reversal/flexibility : Provides for circumstances where a child wants to fully or partially reverse a previously agreed request, reflecting the Cass Review's emphasis on flexibility

When relevant

Any schools/safeguarding scenario involving single-sex facilities (toilets, changing rooms, boarding), gender-questioning pupils, social-transition protocols, or the statutory duties on schools under EA 2010 / HRA 1998. The load-bearing schools-side authority for the toolkit's facilities and gender-questioning guidance. Use alongside EA 2010 Part 6 (s.85, pupils), SCHOOL-PREMISES-2012 (maintained schools), INDEPENDENT-SCHOOL-STANDARDS-2014 (academies and independent schools), HIGGS-CA-2025 (belief-manifestation in schools) and FWS-UKSC-2025 (biological-sex framing). EHRC-CODE-SPA-2026, the services Code, does not deal with Part 6 (Code 3.25): cite it only for a school's non-educational services to people who are not pupils, such as the provision of information to parents (Code 3.27, 11.59–11.65). For staff, use Part 5, EHRC-EMP-COP and WHSWR1992.