By Angela Gamble, Information, Advice and Guidance Manager – Coram PACEY

Following a sector-wide safeguarding consultation, the reforms that come into effect on 1 September 2025, bring new requirements for whistleblowing. This is to ensure children are kept as safe as possible and will support practitioner confidence to raise concerns about poor or unsafe practice in the setting’s safeguarding provision.

What is whistleblowing?

According to GOV.UK, whistleblowing is when:

“…you report certain types of wrongdoing. This will usually be something you’ve seen at work – though not always. The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.”

Whistleblowing is protected under law, and you should not be treated unfairly or lose your job because you ‘blow the whistle’.

What counts and what doesn’t count as whistleblowing?

Reporting the following counts as whistleblowing:

• a criminal offence, for example fraud
• someone’s health and safety is in danger
• risk or actual damage to the environment
• a miscarriage of justice
• the company is breaking the law, for example does not have the right insurance
• you believe someone is covering up wrongdoing

Personal grievances (for example bullying, harassment, discrimination) are generally not counted as whistleblowing law; you should report these under your employer’s grievance policy.

In terms of safeguarding children, whistleblowing should be done if you have concerns that a person:

• Has harmed a child or put a child at risk of harm
• Has behaved in a way that raises concern about the adult’s suitability to work with children
• Has displayed behaviour related to a child that might constitute a criminal offence

What are the new EYFS statutory frameworks requirements?

From 1 September 2025, Childminders/Providers must: 

• put appropriate whistleblowing procedures in place for staff to raise concerns about poor or unsafe practice in the setting’s safeguarding provision.
• include when and how to report concerns and the process that will be followed after staff report concerns.
• must ensure staff are aware of the setting’s whistleblowing procedures and must ensure all staff feel able to raise concerns about poor or unsafe practice and know that such concerns will be taken seriously by the senior leadership team.

Click the link to read the full reforms to Early years foundation stage (EYFS) safeguarding – GOV.UK

Why does whistleblowing practice need strengthening?

When a child dies or is seriously harmed as a result of abuse or neglect, a review may be conducted to identify ways that professionals and organisations can improve the way they work together to safeguard children and prevent similar incidents from occurring. The reviews are known as child safeguarding practice reviews (previously known as serious case reviews) and the findings are used to shape developments to safeguarding and welfare requirements in statutory frameworks, such as the EYFS.

The serious case review for abuse that took place at Little Ted’s nursery in Plymouth identified whistleblowing as an area of concern.

“(Little Ted’s) did not have a whistle blowing policy, and interviews with staff also identified a lack of knowledge about where to go to with concerns. Since staff interviewed were unaware of the existence of trustees, they would not have considered this to be a viable route. This confusion over the status of the nursery and the complete lack of oversight by those who were ultimately responsible, resulted in an environment within which lines of accountability were unclear, there was no supervision or oversight of the manager’s practice, and neither parents or staff knew how to raise issues that might have been relevant to the safety of the children within the setting”.

Plymouth Safeguarding Children Board | Serious Case Review | Nursery Z

The safeguarding reform consultation showed that respondents asked for clear and comprehensive guidance in the EYFS on whistleblowing procedures to help ensure that all early years practitioners understand when and how to escalate any safeguarding concerns.

For the safety of children, it is vital staff have the knowledge and confidence to raise concerns about poor or unsafe practice in the setting’s safeguarding provision.

How do you whistle blow?

Having a procedure to follow will give staff the confidence to know what to do to raise concerns about poor or unsafe practice in the setting’s safeguarding provision.

• New for 2025, our sample Whistleblowing procedure has been developed to support you to understand when and how to escalate any safeguarding concerns.

Where a staff member feels unable to raise an issue with their employer, or feels that their genuine concerns are not being addressed, other channels are open to them:

• NSPCC whistleblowing advice line is available. Staff can call 0800 0280285 – 08:00 to 20:00, Monday to Friday and 09:00 to 18:00 at weekends. The email address is: help@nspcc.org.uk. Alternatively, staff can write to: National Society for the Prevention of Cruelty to Children (NSPCC), Weston House, 42 Curtain Road, London EC2A 3NH.
• Ofsted provides guidance on how to make complaints about a childcare provider: Complaints procedure – Ofsted – GOV.UK.
• General guidance on whistleblowing can be found via: Whistleblowing for employees.

However, whistleblowing is part of the wider safeguarding and welfare responsibilities that sit with individuals, organisations and settings. Crucial the success of policies and procedures and therefore the safety of children, is the organisational culture.

Building a culture of safety goes far beyond having rules, procedures, or compliance programs in place. At its core, a culture of safety refers to the shared beliefs, attitudes, values, and practices that prioritise safety as a fundamental, non-negotiable aspect of how an organisation operates. A genuine culture of safety ensures that these principles are deeply embedded throughout all the organisation’s daily operations and interactions and is woven into how people think and act every day, rather than something that is carried out through occasional initiatives.

How do you achieve an organisational culture that supports whistleblowing?

Enabling issues about safeguarding and welfare of children to be addressed can be achieved through key elements organisational safety culture. These include:

• Clear, shared mission, vision and values
• Clear policies and procedures that reflect best practice
• Committed leaders who visibly prioritise safety through their policies and their actions and are exemplary ethical role models
• Risk awareness by all, including staff training on identifying potential risks and mitigating them, safety protocols and emergency procedures
• A fair and just culture where team members can report risks and near misses without fear of retribution
• Reflection on current practice, leading to continuous learning, adaptation and improvement of practices
• Effective communication
• Culture of continual improvement and learning is promoted
• A supportive environment that ensures the mental health and well-being of team members
• Transparency and visibility about where the organisation is excelling, and also areas for development and improvement
• Professional curiosity is encouraged and valued
• Staff receive regular high-quality effective supervision

While leaders are responsible for developing a safe organisational culture, all members of the team play their part to maintain it. This can be through regular training; open, honest, constructive communication; and knowing and understanding their responsibilities and accountability.

Settings that have a culture of working together will promptly and proportionately carry out a blame free investigation, taking guidance from the local authority and Ofsted when required.

The safeguarding roles and responsibilities of childcare providers should be met in the context of a child-centred approach where the needs of the children are placed ahead of the interests of adults. One of the guiding principles Child abuse concerns: guide for practitioners – GOV.UK says:

“You should not let other considerations, like the fear of damaging relationships with adults, get in the way of protecting children from abuse and neglect. If you think that referral to children’s social care is necessary, you should view it as the beginning of a process of inquiry, not as an accusation.”