EYFS Statutory Framework for group and school-based providers – effective 01 September 2026
Section 3 – Safeguarding and Welfare Requirements:
Safeguarding and welfare – 3.3
Safeguarding policies and procedures – 3.4–3.6
Suitable people – 3.13 onwards
Staff taking medication/other substances – 3.28
Smoking and vaping – 3.29
Supervision of staff – 3.35–3.36
The EYFS states that staff must not be under the influence of alcohol or any other substance which may affect their ability to care for children. Where medication may affect a practitioner's ability to care for children, they should seek medical advice and may only work directly with children where that advice confirms that their ability to care for children is unlikely to be impaired. All medication on the premises must be stored securely and out of children's reach.
The EYFS also requires us to take all necessary steps to keep children safe and well and for practitioners to remain alert to concerns affecting a child's life at home or elsewhere.
We are committed to providing a safe environment for every child in our care.
No member of staff, volunteer, student or other person working with or having responsibility for children may work while under the influence of alcohol, illegal drugs, misused medication or any other substance that could impair their judgement, behaviour, alertness or ability to care for children safely.
This applies throughout working hours, including outings, Forest School activities, nursery events and any other occasion where a person has responsibility for children on behalf of the nursery.
The same safeguarding expectation applies to other adults living, visiting or working on our premises.
Staff must not consume alcohol or illegal/recreational drugs during working hours, including breaks where they will subsequently return to duties involving children.
Staff must also ensure that alcohol or substance use before attending work does not affect their ability to carry out their duties safely.
If there is any reason to believe that a member of staff is under the influence of alcohol, drugs or another substance that could impair their ability to care for children, they will immediately be removed from direct responsibility for children.
The manager or person in charge will ensure that:
Depending on the circumstances, concerns about a person's suitability to work with children may also require referral or notification to the appropriate safeguarding or regulatory agencies.
We recognise that staff may need to take prescription or non-prescription medication and that taking medication does not, in itself, prevent someone from working with children.
However, any practitioner taking medication which may affect their ability to care safely for children must inform the manager and seek appropriate medical advice.
They may only work directly with children where the medical advice confirms that the medication is unlikely to impair their ability to look after children properly, as required by the EYFS.
Where reasonably necessary, the manager may ask for confirmation or further information to enable an appropriate risk assessment to be undertaken.
Information concerning an employee's medication or medical circumstances will be treated sensitively and confidentially in accordance with our data-protection responsibilities.
All staff medication brought onto the nursery premises must be stored securely and out of the reach of children at all times.
Emergency medication which needs to be immediately accessible will be managed through an appropriate individual risk assessment while remaining inaccessible to children.
Smoking is not permitted in or on the nursery premises when children are present or are about to be present.
Staff must not vape or use e-cigarettes when children are present or about to be present. This reflects the current EYFS requirements.
Please refer to our smoking and vaping policy.
The safety of the child remains our overriding consideration.
If a parent, carer or authorised collector arrives and appears to be significantly under the influence of alcohol, drugs or another substance, staff will act calmly and respectfully and inform the manager or Designated Safeguarding Lead.
The situation will be assessed according to the level of risk to the child. Wherever possible, we will ask for another authorised and responsible adult to collect the child.
We will not knowingly release a child into a situation where we reasonably believe that doing so would place the child at immediate risk of harm.
If an apparently intoxicated or impaired adult insists on taking the child and we believe that the child may be at risk, the Designated Safeguarding Lead or manager will follow the nursery's safeguarding procedures. This may include seeking advice or assistance from Children's Social Care or the police, depending upon the seriousness and immediacy of the concern.
Any significant safeguarding incident will be recorded.
This approach is consistent with the EYFS requirement that the nursery remains alert to concerns in a child's life at home or elsewhere and that providers have procedures for responding to safeguarding concerns.
We recognise that occasional responsible alcohol consumption by an adult is different from substance misuse that may affect a child's safety or wellbeing.
However, repeated concerns about alcohol or drug misuse by a parent or carer may constitute a safeguarding concern.
Government safeguarding guidance recognises that parental drug and alcohol misuse can affect children's physical and emotional wellbeing, development and safety.
Where concerns arise, we will:
We will follow our Child Protection Policy and current local safeguarding procedures.
Working Together to Safeguard Children 2026 specifically recognises family circumstances involving drug and alcohol misuse as circumstances which may present challenges or risks for a child.
Because we care for young children, our main concern is not intentional substance misuse by children but the possibility of accidental ingestion or exposure.
If we believe that a child may have swallowed, inhaled or otherwise been exposed to alcohol, medication, drugs or another harmful substance, we will treat this as a medical and safeguarding concern.
We will:
The child's immediate medical safety will always take priority.
Alcohol, medicines and other potentially harmful substances must never be accessible to children.
Where any such item is legitimately required on the premises, it will be stored securely and appropriately.
Staff personal medication must also be stored securely and out of children's reach, in accordance with EYFS paragraph 3.28.
All staff have a responsibility to act where they believe that another member of staff, volunteer or other adult involved in the nursery may be impaired by alcohol, drugs or medication.
Concerns must be reported immediately to the manager or Designated Safeguarding Lead.
Staff must not ignore a concern because they are uncertain whether alcohol, medication or another substance is involved. The issue to consider is whether the person's ability to care safely for children may be impaired.
Concerns about unsafe professional practice may also be raised under our Whistleblowing Policy.
The current EYFS requires appropriate whistleblowing arrangements for staff to raise concerns about poor or unsafe practice.
Review date: 31 December 2027, or sooner following changes to legislation, statutory guidance, safeguarding arrangements or nursery practice.
