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Statutory Guidance on the checks needed for workers and volunteers engaging in regulated activity with children. Updated Tuesday 29 June 2026

Source: Department for Education published on this website on Wednesday 1 July 2026 by Jill Powell

This statutory guidance is for:

  • headteachers
  • managers
  • local authorities

It applies to:

  • local-authority-maintained schools
  • sixth-form colleges
  • further education colleges

It relates to the following legislation:

The Guidance is for schools, colleges and childcare settings to understand what they need to do to comply with the change to regulated activity that will come into force on 1 September 2026. This is due to changes made by the Crime and Policing Act 2026.

The Act changes the definition of regulated activity by removing the supervision exemption. Under that exemption, unpaid activities such as teaching, training, instructing, or caring for or supervising children were not classed as regulated activity if supervised by someone who was in regulated activity (for example, a class teacher).

This means that all such activity is now considered to be regulated activity if it is carried out frequently, or if it meets the period condition. The period condition means:

  • on more than 3 days in a 30-day period
  • overnight

All volunteers engaging in regulated activity will need to have an enhanced Disclosure and Barring Service (DBS) check with children’s barred list information.

This change will come into force on 1 September 2026.

Circular 004/2026: Crime and Policing Act 2026 (accessible)

Source: Home Office published on this website Tuesday 30 2026 by Jill Powell

This circular is issued to inform partners of certain provisions of the Crime and Policing Act 2026 which came into force on 29 June 2026.

In this circular’s introduction it says:

1. “This circular is issued to inform the police and other relevant public authorities, of certain provisions of the Crime and Policing Act 2026 (“the Act”), which come into force on 29 June 2026. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of the provisions. The circular should be read alongside the Act and the accompanying explanatory notes, which can be found here: Crime and Policing Act 2026.

2. “Unless otherwise indicated, the provisions discussed in this circular extend to England and Wales only.”

New investment in early years safeguarding to deliver 3,000 more surprise Ofsted nursery visits, tougher checks and faster action to keep children safe.

Source: Department for Education published on this website Tuesday 23 June 2026 by Jill Powell

Parents will have greater peace of mind as more surprise Ofsted visits, stronger checks and faster action help keep children safe in nurseries. 

Over £8 million a year will give Ofsted the tools to better identify and investigate settings - including 3,000 additional unannounced visits to identify risks early and act quickly. This will give parents assurance that safeguarding across the system is upheld to the highest possible standards.  

Tripling the number of unannounced Ofsted visits compared with the year to April 2025 will mean that issues needing urgent attention can be acted on rapidly, ensuring children are kept safe. 

Funding will pay for more face-to-face interviews where appropriate before providers open, strengthening checks so every setting meets safeguarding expectations from day one. 

The new funding will also include paying for rapid upgrades to Ofsted computer systems already underway, ensuring risk assessments are supported by state-of-the-art technology. Inspectors will have access to real-time updates to help them intervene more quickly. 

Together, these measures give Ofsted the tools to strengthen safeguarding from the moment a provider applies to operate, through every stage of inspection and oversight, so that every child can get the very best start in life. 

Education Secretary Bridget Phillipson said:

 “Nothing matters more than keeping children safe. Parents should be able to trust that when they leave their child at a nursery, they are in safe hands. “This investment means more surprise Ofsted visits, stronger checks, and faster action where there are concerns – so risks are spotted early and dealt with quickly. Early education gives children the best start in life, and we are making sure it is backed by the high standards of care and protection families expect.”  

They build on wider action to improve safeguarding across early years settings, including stronger whistleblowing protections so staff and parents can raise concerns safely and confidently - and that every concern is treated seriously and acted upon without delay. 

An independent expert panel is also examining the use of digital devices and CCTV in childcare settings, with ministers committed to publishing its findings and considering all recommendations. 

The government is also working with Ofsted to review how nursery chains are regulated, to better identify and address risks across groups of providers. 

These reforms sit alongside wider investment in early years, including expanding childcare support for working families and strengthening the workforce – helping ensure every child gets a safe, high-quality start. 

Katie Meehan, mother of Genevieve ‘Gigi’ Meehan, said:

“This announcement is another landmark step in strengthening safeguarding for our youngest children. This has been one of the core goals of Gigi’s campaign and we are thrilled with this development. Nothing will ever bring Gigi back but her legacy continues to grow and we couldn’t be prouder of what has been achieved in her name.”

Update following the Supreme Court judgment on 2 June 2026 clarifying the definition of the deprivation of liberty.

Source: Department for Health and Social Care published on this website June 29 2026 by Jill Powell

The Department of Health and Social Care (DHSC) has published this update as a result of the Supreme Court judgment on 2 June 2026. These changes to the definition of deprivation of liberty apply with immediate effect and extend across the UK.

This update is for:

  • health and social care staff
  • anyone who cares for an individual who lacks capacity to consent to their care and residence where there is or may be a deprivation of liberty
  • staff with responsibility for organisational policies, procedures and internal or external facing documents relating to deprivation of liberty safeguards

Between 20 and 22 October 2025, the UK Supreme Court heard a case brought by the Attorney General for Northern Ireland concerning the definition of a deprivation of liberty. 

The Supreme Court handed down its judgment on 2 June 2026 and concluded that:

  • the Cheshire West 2014 judgment was incorrect
  • instead of relying on the single ‘acid test’, an assessment of whether someone is deprived of their liberty must now consider multiple factors - that is, it is multifactorial
  • the starting point in assessing whether someone is deprived of liberty is to look at the specific situation of the individual and take into account the type, duration, effects and manner of implementation of restrictions on the person - crucially, no single factor is determinative
  • the Cheshire West 2014 judgment wrongly assumed that if someone lacks legal capacity under the MCA 2005, they cannot give valid consent to the arrangements. The 2026 judgment clarifies that a person’s expression of their wishes and feelings carries significant weight. A person can give valid consent if they are conscious of their environment, have a basic level of understanding and are capable of expressing a view that they accept and/or are happy with the situation. However, if there is serious doubt, no conclusion of valid consent can be drawn
  • the effect of the restrictions on the person may differ based on whether or not the person is content with their arrangements - Cheshire West 2014 was wrong to conclude that a person’s lack of objection is never legally relevant to the question of objective confinement

These changes to the definition of a deprivation of liberty apply with immediate effect and extend across the UK.

Former teacher guilty of sexually abusing and murdering baby boy he wanted to adopt

Source: Crown Prosecution Service published on this website Tuesday 16 June 2026

A former teacher has been found guilty of sexually abusing and murdering a baby boy that he planned to adopt.

Jamie Varley, 37, was convicted at Preston Crown Court of murder, child cruelty, sexual offences and indecent images relating to 13-month-old Preston Davey.

John McGowan-Fazakerley, 32, was convicted of allowing the death of a child, child cruelty and sexual assault.

Varley was in the process of adopting baby Preston (also known as Elijah) with his partner McGowan-Fazakerley. Just four months after being placed with the couple, Preston was taken to Blackpool Victoria Hospital unconscious and in cardiac arrest. Sadly, Preston could not be saved.

Varley tried falsely claiming that Preston had accidentally drowned in a bath, but prosecutors were able to prove that his injuries were consistent with his airways being obstructed.

The evidence presented by the prosecution proved that in the final months of Preston’s life, he was routinely ill-treated, sexually abused and physically assaulted – suffering more than 40 separate injuries.

Karen Tonge of the Crown Prosecution Service said:

“This has been one of the most shocking and horrific cases I have dealt with in my career. Jamie Varley and John McGowan-Fazakerley had a responsibility to care for and protect baby Preston. They violated that responsibility and 13-month-old Preston was abused with sickening ease.

“It is difficult to comprehend how the very people who should have loved him could inflict such awful physical and sexual harm on an innocent child. No child should have to go through what Preston went through in the last four months of his short life and I cannot begin to imagine the toll this has taken on those that loved Preston. My thoughts remain with them all.”

Preston Davey was born on 16 June 2022; he was nine months old when he was placed with Jamie Varley and John McGowan-Fazakerley with a view to his adoption.

Four months later, Varley and McGowan-Fazakerley took Preston to Blackpool Victoria Hospital around 6:30pm on 27 July 2023. He was unconscious and in cardiac arrest.

Despite the best efforts of medical professionals, Preston was pronounced dead just under an hour later.

A post-mortem concluded that the cause of Preston’s death was acute upper airway obstruction, meaning he had been smothered or something had been inserted into his mouth that had caused the obstruction.

Preston had been in the sole care of Varley that day until McGowan-Fazakerley returned from work and the couple took Preston to the hospital.

The evidence gathered showed that Preston suffered greatly at the hands of his primary carer, Varley, while McGowan-Fazakerley, who had been involved in the sexual assault of Preston, had failed to protect him from physical and psychological harm.

To charge and prosecute a case of murder, prosecutors had to prove that Varley had intended to kill or commit serious harm to baby Preston and that it was his actions that caused Preston’s death.

Although Varley claimed that he had not caused Preston any harm, experts confirmed that Preston’s condition could not have been caused by accidental drowning in the bath, as Varley claimed, or any other natural cause.

Preston had around 40 injuries, including bruising to his mouth, throat, bowel and bladder along with a healing fracture to his left arm which was deemed to be non-accidental. These injuries painted a heartbreaking picture of Preston’s time in the care of Varley and McGowan-Fazakerley.

To secure a guilty verdict for murder and the other charges faced by Varley and McGowan-Fazakerley, prosecutors built a compelling case including phone evidence showing instances of child cruelty.

Expert evidence proved that Varley had also taken indecent images and videos of Preston, which were stored on his phone.

Medical evidence showed that injuries to Preston’s body were consistent with sexual assault shortly before his tragic death and sometime in the weeks before his death.

Ultimately a wealth of evidence was presented to the jury who found Varley and McGowan-Fazakerley guilty of the crimes against baby Preston.

The pair will be sentenced at a later date at Preston Crown Court.