# What safer recruitment checks do schools need in 2026?

Source page: https://pupilprotect.co.uk/guides/safer-recruitment-checks-2026  
Last updated: 2026-10-20  
Publisher: Pupil Protect (Glacier Labs Ltd)

> Keeping children safe in education 2026 says schools should take up references before interview where possible, never accept open references, and must make further checks on anyone who has lived or worked outside the UK. Staff in reception, nursery and wraparound care for under-8s must not be disqualified under the childcare disqualification rules, which no longer cover the people they live with. Since 1 September 2026, volunteers who teach, train, instruct or supervise children on more than 3 days in 30, or overnight, are in regulated activity and need an enhanced DBS check with barred list information.

## Where the rules are

The rules on safer recruitment are in Part three of Keeping children safe in education (KCSIE) 2026, in force since 1 September 2026. This guide covers four areas that often cause questions: references, overseas checks, childcare disqualification and volunteers. The core checks that apply to everyone, and what goes on the single central record, are covered in our [single central record guide](https://pupilprotect.co.uk/glossary/scr).

## References

KCSIE says the purpose of references is to get **factual information** to support the appointment decision. Schools should take up references **before interview** where possible, so concerns can be explored with the referee and raised with the candidate at interview (paragraph 302).

Paragraph 303 says schools should:

- not accept **open references**, such as "to whom it may concern"
- not rely on applicants to obtain their own reference
- get references from the candidate's **current employer**, completed by a senior person with appropriate authority. If the referee is school or college based, the headteacher or principal should confirm the reference is accurate about any disciplinary investigations
- where the applicant isn't currently employed, verify their most recent relevant period of employment
- get a reference from the employer where the applicant last worked with children, if they don't work with children now
- verify any information with the referee, and make sure electronic references come from a legitimate source
- compare the reference with the application form and take up any differences with the candidate
- find out why the candidate left their current or most recent post
- resolve any concerns before confirming the appointment

When **your** school writes a reference, it should say whether you are satisfied the person is suitable to work with children, and give the facts (not opinions) of any substantiated safeguarding concerns or allegations that meet the harm threshold. Don't include allegations found to be unsubstantiated, unfounded, false or malicious (paragraph 304).

Before interview, shortlisted candidates should complete a **self-declaration** covering, for example, criminal history, the barred list, prohibition from teaching, section 128, childcare disqualification and any relevant overseas information. Ask for it only from shortlisted candidates, not on the application form (paragraphs 296 and 297). Schools should also consider an online search of shortlisted candidates and tell them it may happen (paragraph 301).

## Staff who have lived or worked overseas

Anyone who has lived or worked outside the UK **must** have the same checks as other staff, including an enhanced DBS check, even if they have never been to the UK. Schools **must** also make any further checks they think appropriate, so relevant events outside the UK can be considered. The same approach applies whether the country was in the EEA or not (paragraph 359).

KCSIE gives two examples of further checks, where available:

1. a **criminal records check** from the country, following the Home Office guidance on overseas applicants, which lists the process country by country
2. for teaching posts, a **letter from the professional regulator** in each country the applicant worked in, confirming they have imposed no sanctions or restrictions and/or know of no reason the person may be unsuitable to teach

Not every country provides criminal record information, and thresholds for disclosure vary (paragraph 362). Where the information isn't available, schools should look for **other ways to check suitability** and/or carry out a **risk assessment** to support the decision (paragraph 360). A teaching qualification from anywhere, including English QTS, is not a safeguarding assurance in itself (paragraph 363).

## Childcare disqualification

Schools that provide childcare must check that staff working in **reception classes**, or in **wraparound care for children up to age 8**, are not disqualified under the Childcare Disqualification Regulations 2018 (paragraph 313). KCSIE says the arrangements mainly apply to people working with children aged 5 and under, and also to before- and after-school care such as breakfast clubs for under-8s, and to anyone directly concerned with managing that provision (paragraphs 344 and 345).

The detail is in DfE's statutory guidance *Disqualification under the Childcare Act 2006*, last revised on 31 August 2018. Key points from it:

- **Disqualification by association no longer applies in schools.** It only applies where childcare is in a domestic setting. Schools are not entitled to ask staff about the cautions or convictions of people they live with.
- **A self-declaration form isn't required.** If you use one, keep the questions to what the regulations require. A teacher working only with year 5 is not covered, so a single form for everyone may not fit.
- **Keep a record** of the staff who work in or manage relevant childcare, and the date they gave the information. This can be on the single central record or kept separately.
- A disqualified person can't work in the relevant childcare unless **Ofsted grants a waiver** for that role.

## Volunteers: the 2026 change

The Crime and Policing Act 2026 changed the definition of regulated activity. Anyone volunteering in a school in a role that involves **teaching, training, instructing or supervising children** frequently, on **more than 3 days in a 30-day period**, or **overnight**, is now in regulated activity, whether or not they are supervised. Schools should get an enhanced DBS check with children's barred list information for them (paragraph 383).

For **existing volunteers** brought into regulated activity on 1 September 2026, schools **must** check their barred list status, by getting an enhanced DBS check with barred list information. A standalone barred list check can be used if you want them to continue before the certificate arrives (paragraph 385). In settings covered by the EYFS, volunteers must not start until the certificate including barred list information has arrived (paragraph 386).

If a volunteer reaches the 3-days-in-30 threshold across several settings, the settings should agree who applies for the check (paragraph 384). The DBS Update Service is free for volunteers.

For volunteers **not** in regulated activity, carry out and record a written **risk assessment** to decide what checks, if any, are needed. A volunteer with no checks must never be left unsupervised or allowed to work in regulated activity (paragraphs 387 to 390).

## Questions

**Should references be taken before interview?**  
Yes, where possible. KCSIE 2026 says schools should obtain references before interview so any concerns can be explored with the referee and taken up with the candidate at interview.

**Can schools accept open references?**  
No. KCSIE says schools should not accept open references, such as 'to whom it may concern', and should not rely on applicants to obtain their own reference.

**What if a country won't issue a criminal record certificate?**  
Not every country provides criminal record information. Where it isn't available, KCSIE says schools should look for other ways to check suitability and/or carry out a risk assessment to help decide whether to go ahead with the appointment.

**Does disqualification by association still apply in schools?**  
No. Since 31 August 2018 it applies only where childcare is provided in domestic settings, such as childminding in a home. The DfE guidance says schools are not entitled to ask staff about the cautions or convictions of people living or working in their household.

**Do volunteers need a DBS check in 2026?**  
Since 1 September 2026, a volunteer who teaches, trains, instructs or supervises children frequently, on more than 3 days in a 30-day period, or overnight, is in regulated activity and needs an enhanced DBS check with children's barred list information, even if they are supervised. For other volunteers, schools carry out a written risk assessment to decide what checks are needed.

## Sources

- [Keeping children safe in education 2026, Part three, paragraphs 296 to 304, 313, 342 to 346, 359 to 363 and 383 to 390 (DfE, in force from 1 September 2026)](https://assets.publishing.service.gov.uk/media/6ac3c09c11ed58342ad8e4ac/Keeping_children_safe_in_education_2026.pdf), checked 2026-10-20
- [Disqualification under the Childcare Act 2006 (DfE statutory guidance, revised 31 August 2018, still the current version)](https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006/disqualification-under-the-childcare-act-2006), checked 2026-10-20
- [Criminal records checks for overseas applicants (Home Office guidance, GOV.UK)](https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants), checked 2026-10-20

## Related

- [Safer recruitment checks by role](https://pupilprotect.co.uk/tools/safer-recruitment-checks): See which pre-appointment checks a role needs under KCSIE 2026.
- [What must a school's single central record contain?](https://pupilprotect.co.uk/glossary/scr)
- [Low-level concerns about staff](https://pupilprotect.co.uk/glossary/low-level-concern): What can and can't go in a reference.
- [Prohibition checks for support staff](https://pupilprotect.co.uk/guides/prohibition-checks-for-support-staff)
- [Section 128 checks](https://pupilprotect.co.uk/glossary/section-128)
- [Pupil Protect Staff](https://pupilprotect.co.uk/staff): The single central record, safer recruitment and training in one place.

## In Pupil Protect

Pupil Protect Staff gives each person the checks their role needs, including overseas checks, and lists anything missing first. Volunteers, governors, supply staff and contractors sit in the same directory as employed staff. [See how Staff handles safer recruitment](https://pupilprotect.co.uk/staff)
