Safeguarding is a top priority for education and early years organisations, as it should be. But when you’ve got a pile of paperwork to do and an inspection coming up fast, it can be tricky to know what, exactly, you’ve got to check before your new employees can get to work.
The bad news: There’s no simple answer.
The good news: We’ve heard all the questions (seriously, all of them) and created this practical guide to all the checks and evidence that HR and safeguarding leads need in nurseries, schools, and colleges.
Let’s dive in.
What legislation affects screening in education and early years settings?
As with most policies and processes, your starting point should always be the legislation itself. In England, that means two frameworks that work alongside each other:
- The Childcare Act 2006 and the Statutory Framework for the Early Years Foundation Stage (EYFS) are what set out the safeguarding and welfare requirements for nurseries and early years providers.
- The Education Act 2002 (specifically sections 157 and 175), sets out the requirements for schools and colleges to safeguard and promote the welfare of children. The requirements of the Act are operationalised through Keeping Children Safe in Education (KCSIE).
Everything else — Ofsted expectations, inspector practice, local safeguarding partnership guidance, and “what good looks like” — builds directly on those foundations.
So let’s run through the duties, the evidence, and how they apply across early years, schools, colleges, agencies, and tutoring.
Why the EYFS and Education Acts matter
Early years providers
If you are a nursery or other early years provider in England, your baseline duty comes from the Childcare Act 2006. The Act is brought to life through the Statutory Framework for the Early Years Foundation Stage (EYFS) (DfE, 2025, effective from 1 September 2025).
The EYFS sets out safeguarding and welfare requirements, including:
- Suitability of adults working with children (staff, students, volunteers)
- Recruitment procedures to ensure suitability
- Ongoing checks and supervision
- A designated safeguarding lead (DSL)
Schools and colleges
If you are a maintained school, academy, free school, independent school, or FE college, your duty comes from the Education Act 2002. Section 175 places safeguarding duties on maintained schools, while Section 157 applies to academies and independents.
These duties are made operational through Keeping Children Safe in Education (KCSIE). This is the statutory guidance which is updated every September.
How they overlap
- Maintained nursery schools and nursery classes in schools fall under both EYFS and KCSIE
- Private nurseries and PVI (private, voluntary, independent) providers fall under EYFS only
- Schools and FE colleges follow KCSIE, but where they provide nursery-age provision, EYFS applies in parallel
DBS and barred list checks
Criminal record and barred list checking just might be the most commonly misunderstood area of responsibility. Here’s what you need to know:
The non-negotiables
- Enhanced DBS with children’s barred list is required for anyone in regulated activity with children
- Early years staff: All staff working directly with children under the EYFS must undergo an enhanced DBS, with child barred list check, where the role is regulated activity (which in practice is most early years roles)
- Supervised volunteers: If fully supervised (per statutory supervision criteria), an enhanced DBS without barred list is currently appropriate. Looking ahead: The Crime and Policing Act 2026 (Royal Assent received) removes the supervision exemption from regulated activity. Once the commencement order is made, supervised roles that would otherwise meet the regulated activity threshold will require an enhanced DBS with children’s barred list check. Providers should monitor DBS and government guidance for the commencement date.
- Contractors: Eligibility depends on role and access. A plumber fixing a sink may only need supervision and no DBS checks, whereas a sports coach running sessions with children will need full checks
- Agency staff: The provider must obtain written confirmation from the agency that checks have been completed, and verify identity on arrival
Disqualification under the Childcare Act 2006
In addition to DBS, early years providers must apply the Childcare (Disqualification) Regulations 2018. These set out circumstances where a person is disqualified from working with children, including:
- Certain criminal offences
- Orders relating to the care of children
- Inclusion on the children’s barred list
The 2018 changes removed the previous “disqualification by association” rule (relating to household members). However, providers still have a legal duty to assess the suitability of staff themselves.
💡 Important note: “Disqualification under the Childcare Act 2006” is not a check that can be outsourced to Zinc or any third party. Providers must:
- Ask staff to complete a self-declaration form on appointment (and regularly thereafter) confirming they are not disqualified
- Cross-check disclosures and declarations against information available (e.g. certain criminal convictions, being on the children’s barred list)
- Keep a record of completed declarations and any action taken
- Seek a waiver from Ofsted if a member of staff is disqualified but the provider wishes to employ them
This duty sits firmly with the early years provider and is reviewed by Ofsted at inspection.
Volunteers and students
EYFS allows students and volunteers to work in childcare settings, but requires that they:
- Are never left unsupervised with children until suitability is confirmed
- Undergo DBS as appropriate
- Are counted in ratios only if checked and deemed suitable
Ongoing suitability
Both EYFS and KCSIE require ongoing monitoring of staff suitability. Ofsted inspectors expect to see evidence of this, including:
- Annual self-declarations
- Updated DBS checks via the Update Service
- Supervision notes
- Training logs
What to keep on file for early years and education settings
Early years: Suitability records
Under the EYFS, providers must keep suitability records showing how they have checked and verified staff suitability. The Suitability Record is the early years equivalent of the SCR.
Suitability Records need to include and record:
- Identity (with photo ID)
- Right to work in the UK
- Enhanced DBS result, certificate number, and barred list where applicable
- Full employment history (captured on application form)
- Explanations for gaps in employment recorded (clearly documented during interview)
- Qualifications (including Level 3 for ratio requirements)
Capture and probe, not verify everything: A common source of confusion is the extent to which employers must verify employment history. The requirement under EYFS is to capture full employment history on the application form and probe it at interview, recording explanations for any gaps. There is no obligation to independently contact every previous employer to confirm dates or roles. Targeted verification applies to specific elements only: references from the current or most recent relevant employer (as set out in EYFS 2025), DBS, right to work, and qualifications. The duty is to capture the history, probe it thoroughly at interview, and document your decision-making. Ofsted inspectors assess the quality of that process, not whether you have verified every line of the CV. - Disqualification from childcare declaration - Ongoing suitability assessments (self-declarations, supervision)
References also play a key part of the ‘suitability record’ requirement.
References (what employers need to do):
The EYFS 2025 framework (effective 1 September 2025) introduced specific and strengthened requirements for references in early years settings. EYFS 2025 reference requirements:Where a referee will only confirm dates of employment, or where the reference raises concerns, record your attempts to obtain fuller information and carry out a documented risk assessment before proceeding.Keep copies of all reference requests, responses, and notes of any follow-up contact.
- References must be obtained before the individual starts employment, not retrospectively
- References must come from the applicant’s current employer, training provider, or education setting. If the applicant is not currently employed, a reference from their most recent relevant employer is required. If the applicant has previously worked with children, at least one reference must be from that employer
- References must be completed by a senior person with appropriate authority in the organisation
- Open references (blanket “to whom it may concern” letters) are not acceptable
- Candidate-obtained references are not acceptable: references must be sought directly by the provider from the referee
- References from family members are not acceptable
- Electronic references must originate from a legitimate, verifiable source. Where there is any doubt about authenticity, contact the referee’s organisation directly via an independently sourced phone number or address
Where a referee will only confirm dates of employment, or where the reference raises concerns, record your attempts to obtain fuller information and carry out a documented risk assessment before proceeding.
Keep copies of all reference requests, responses, and notes of any follow-up contact.
Schools and colleges: The Single Central Record (SCR)
For schools and FE colleges, KCSIE requires a Single Central Record (SCR), which inspectors check during safeguarding inspections. The SCR must cover:
- Identity checks
- Right to work in the UK
- Enhanced DBS certificate number/date
- Children’s barred list information (where required)
- Evidence of qualifications (where required)
- Evidence of Qualified Teacher Status (where required)
- Full employment history captured
- Explanations for any gaps in employment recorded
- Agency confirmation of checks completed
Capture and probe, not verify everything: The same principle applies in schools. KCSIE requires full employment history to be captured and gaps to be explained, but does not require independent verification of every employment entry. Targeted verification covers specific elements: references, DBS, right to work, qualifications, QTS, and barred list status. The requirement is to capture the history, probe it at interview, document the process, and follow up proportionately where concerns arise. Ofsted and Estyn inspect the quality of your decision-making, not whether you have verified every past employer.
As with early years settings, references and conduct in previous roles also play a vital part in safer recruitment and have a key place in the SCR.
References for schools and colleges (within SCR)
t least one reference is obtained before interview, wherever possible, and that references comment on the candidate’s suitability to work with children.
In practice, good safer recruitment involves obtaining references from the most recent employer and, where the candidate has previously worked with children or vulnerable adults, from that employer specifically. The emphasis is on the quality and relevance of references, not a fixed number.
Be sure to ask referees to confirm suitability, performance, conduct, safeguarding concerns, and employment dates.
Through Zinc, you can digitally request references. Referees can complete them online, or upload references in their own format if preferred. While the platform shows the referee’s email address, it is up to the employer to satisfy themselves about the authenticity of the response.
References should ideally come from a professional or organisational email account rather than a personal one. If a personal email address is used, extra care is needed to authenticate the reference. The school or college should check where it came from (domain, organisation), and ideally contact the referee’s place of work by phone or another channel to confirm authenticity.
In summary: KCSIE requires schools and colleges to satisfy themselves that references are authentic, preferably obtained directly from the referee and verified. The Childcare Act 2006 requires early years providers to be satisfied about staff suitability, which includes ensuring references are genuine and meet the new EYFS 2025 standards outlined above.
What varies by setting?
- Nurseries and EY providers: EYFS applies. Suitability records must demonstrate compliance, including the updated EYFS 2025 reference requirements.
- Schools with nursery classes: Both EYFS and KCSIE apply. Keep suitability records and an SCR.
- Maintained schools, academies, independents: KCSIE and the Education Act 2002 apply.
- Alternative provision and SEND-specific settings: Same duties as schools, but with heightened scrutiny because of vulnerability of pupils. Enhanced DBS + children’s barred list checks are almost always required.
- FE colleges: KCSIE applies for staff working with under-18s.
- Supply agencies: Must provide written confirmation of all checks having been completed; schools/nurseries must still verify ID.
- Tutoring (agency or private): Safer recruitment applies in full. Online tutoring is not exempt where it meets the eligibility threshold.
- Residential children’s homes (England): Regulated separately under the Children’s Homes (England) Regulations 2015, not EYFS or KCSIE. Schedule 2 of those Regulations requires two written references, including one from the most recent employer, as part of the information required before a person works at a children’s home. Residential children’s homes are inspected by Ofsted (not CQC, a common source of confusion). Ensure suitability documentation aligns with the Schedule 2 checklist.
What checks are required for tutoring outside of academic institutions?
Tutoring at home, in community venues, or online must follow the same safeguarding principles. The key question is whether the role counts as regulated activity, i.e. teaching, training, or instructing children frequently or intensively.
- Regulated activity (weekly, 4+ days in 30, or overnight): Enhanced DBS with children’s barred list required.
- Non-regulated activity (ad-hoc/one-off): Barred list check not permitted; a Basic DBS may well be the only appropriate/eligible level of criminal record check available.
- Parents cannot apply for Enhanced DBS themselves. They must rely on agencies, platforms, or tutors providing valid evidence (parents could use DBS Update Service to check the current status of a private tutor’s enhanced DBS certificate).
Online tutoring checks
Tutors appointed by schools/colleges:
Full KCSIE safer recruitment checks apply: identity, right to work, Enhanced DBS with children’s barred list, references, employment history, qualifications, prohibition/QTS where relevant are required. Online delivery of tutoring does not reduce these obligations.
Private or agency tutors outside schools:
KCSIE does not apply directly, but the DBS eligibility rules do. If the tutoring is regulated activity, an Enhanced DBS with children’s barred list is required. Agencies and platforms should also mirror the broader safer recruitment approach (identity, references, qualifications, history) as best practice.
Tutoring scenarios
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Safeguarding requirements in England, Wales, Scotland, and Northern Ireland
Safeguarding and safer recruitment in education across the UK is devolved. Each nation has its own framework.
England
- Childcare Act 2006 and EYFS (early years)
- Education Act 2002 and KCSIE (schools and colleges)
- Ofsted inspects schools and early years settings
Wales
- Child Minding and Day Care (Wales) Regulations 2010, regulated by Care Inspectorate Wales (CIW)
- Keeping Learners Safe applies in schools
- Enhanced DBS with barred list
- Estyn inspects schools, CIW inspects early years
Scotland
- Early learning and childcare regulated by Care Inspectorate
- PVG Scheme (Disclosure Scotland) is mandatory for regulated roles
- From April 2025, tutors are explicitly regulated roles requiring PVG
- Education Scotland inspects schools, Care Inspectorate inspects early years
Northern Ireland
- Daycare and pre-school regulated by Health and Social Care Trusts
- Safeguarding guidance from the Department of Education (NI)
- Enhanced AccessNI and children’s barred list for regulated activity
- Education Training Institute (ETI) inspects schools
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What education and early years inspectors look for
- Ofsted (England): Inspectors will sample suitability records (EY) or the SCR (schools/colleges). They expect evidence of decision-making, risk assessments, and ongoing suitability. From September 2025, compliance with the updated EYFS reference requirements will be part of this scrutiny.
- Care Inspectorate Wales: Inspectors review suitability records and DBS evidence for childcare providers. Estyn samples SCRs in schools.
- Care Inspectorate Scotland: Inspectors review safer recruitment through staff file sampling and PVG membership.
- Education and Training Inspectorate (Northern Ireland): Inspectors evaluate safeguarding and recruitment compliance as part of school inspections.
What “good” looks like: Practical actions
With all these different nuances, it can get confusing to know where to start. Thankfully, there are some constants that you should follow for comprehensive and compliant safeguarding:
- Anchor your practice to the law
- Early years: Childcare Act 2006 and EYFS
- Schools/colleges: Education Act 2002 and KCSIE
- Maintain complete records
- Early years: Suitability records (updated to reflect EYFS 2025 reference standards)
- Schools/colleges: Single Central Record
- Handle DBS results proportionately
- Record certificate number/date, barred list status, and decisions
- If disclosures exist, complete a risk assessment and log the outcome
- Document your judgement calls
- For supervised volunteers, contractors, or tutoring scenarios near eligibility thresholds, record the rationale and supervision plan
- Monitor ongoing suitability
- Leverage annual self-declarations, Update Service checks, and regular supervision to keep compliance consistent
- Prepare for inspection
- Have records audit-ready
- Be ready to explain decision-making where evidence was limited
How Zinc helps nurseries and education providers
If one thing is clear, it’s that safer recruitment is not simple. Nurseries, schools, and agencies are juggling multiple frameworks, DBS eligibility rules, inspector expectations, and complex staffing arrangements.
Zinc provides the tools to help you manage this complexity:
- Create multiple screening packages to meet EYFS and KCSIE requirements for different roles within your setting.
- Simplify identity verification, and run all your background checks from DBS (including Update Service checks) and references to verifying qualifications and registrations. Plus, build custom references or capture disclosures and declarations.
- Zinc’s candidate reports provide space for you to record risk assessments, decision outcomes, and supervision notes where required.
- Get clear, consolidated candidate reports that you can use in conjunction with your suitability records or SCR.
Zinc gives you the confidence to capture evidence, apply your professional judgement, and to ultimately demonstrate compliance with confidence during inspections.
Book a demo and our team will be happy to help build a screening policy tailored to your education setting and for the various roles required.
Sources and further reading
- Childcare Act 2006 (legislation.gov.uk)
- Statutory Framework for the Early Years Foundation Stage (EYFS) 2025 (DfE)
- Childcare (Disqualification) Regulations 2018
- Education Act 2002 (legislation.gov.uk)
- Keeping Children Safe in Education 2025 (DfE)
- Working Together to Safeguard Children (HM Government)
- Ofsted: Inspecting safeguarding in early years, education and skills settings
- Children’s Homes (England) Regulations 2015, Schedule 2 (legislation.gov.uk)
- Keeping Learners Safe (Welsh Government)
- Care Inspectorate (Scotland): Safer recruitment guidance
- Disclosure Scotland: PVG Scheme
- Department of Education (Northern Ireland): Safeguarding in schools
- AccessNI guidance
- DfE: Out-of-School Settings safeguarding code of practice
- NSPCC Learning: EYFS 2025 statutory framework summary
Last updated June 2026. This blog reflects the EYFS statutory framework effective from 1 September 2025 and KCSIE 2025.
