Whistleblowing in Early Years & Childcare: UK Guide

What is whistleblowing in early years?

Whistleblowing in early years and childcare is when a worker raises a concern about wrongdoing, unsafe practice, or malpractice that they reasonably believe is in the public interest. This could involve safeguarding failures, unsafe practices, fraud, or breaches of legal obligations.

Since September 2025, all early years settings in England—including nurseries, pre-schools, and childminders—have been required by the Early Years Foundation Stage (EYFS) statutory framework to have whistleblowing procedures in place. The EYFS states:

"Providers must put appropriate whistleblowing procedures in place for all staff (including students and volunteers) to raise concerns about poor or unsafe practice in the setting's safeguarding provision. This must include when and how to report concerns and the process that will be followed after staff report concerns."

In early years settings, whistleblowing is often connected to safeguarding children, but it can also involve financial misconduct, unsafe working conditions, or other wrongdoing that affects children or the setting's compliance.

For a fuller explanation of whistleblowing law in the UK, see our main guide: What Is Whistleblowing? Meaning, Examples and UK Law. For schools and trust settings under KCSIE, see Whistleblowing in Schools. For how speak-up routes sit alongside safeguarding duties in education providers, see Education.

This guide is for informational purposes only and does not constitute legal advice. Organisations and individuals should consult qualified legal professionals about their specific circumstances. Urgent safeguarding concerns must never be delayed while deciding which internal label applies.

Examples of whistleblowing in childcare

These are realistic examples of concerns that could amount to whistleblowing. In each case, the worker must reasonably believe that the information tends to show qualifying wrongdoing and that raising it is in the public interest.

Important: These are examples only. Whether a specific situation qualifies as whistleblowing depends on the facts and legal tests. This is not legal advice.

Whistleblowing vs safeguarding

This is a particularly important distinction in early years settings, where safeguarding is central to practice.

What is safeguarding?

Safeguarding is the process of protecting children from abuse, neglect, and harm. It is a statutory duty for all early years providers. When a child is at risk or experiencing harm, safeguarding procedures must be followed—often immediately.

What is whistleblowing?

Whistleblowing is the act of raising a concern about wrongdoing, malpractice, or unsafe practice. It focuses on the worker's report and the protections they receive for speaking up.

How they relate

A safeguarding concern could form the subject of a whistleblowing disclosure. If a staff member witnesses abuse and reports it internally, this could be both:

• a safeguarding concern (protecting the child)
• potentially a whistleblowing concern (if the staff member makes a protected disclosure)

However, not every whistleblowing concern is a safeguarding concern (e.g., reporting financial fraud), and not every safeguarding concern is whistleblowing (e.g., a parent raising a concern about their child).

The key difference is that whistleblowing primarily protects the worker who reports, while safeguarding primarily protects the child.

What to do

A concern about a child who is experiencing or at risk of abuse or neglect must be reported as a safeguarding concern without delay. An urgent safeguarding concern should never be delayed while deciding which internal label applies.

For how organisational speak-up routes sit alongside safeguarding responsibilities (without replacing statutory duties), see Safeguarding reporting.

Whistleblowing vs a grievance

This distinction is important in early years settings, where staff may be unsure whether a personal concern is a grievance or whistleblowing.

A personal grievance, such as bullying, harassment, or discrimination, is generally not covered by whistleblowing law unless it also serves the public interest.

Practical examples

If a personal concern has a wider public interest element (for example, it involves a pattern of misconduct affecting multiple children or staff), it may contain whistleblowing elements.

For a detailed comparison, see our separate guide: Whistleblowing vs Grievance: What's the Difference?.

What should an early years whistleblowing policy include?

Since September 2025, all early years settings have been required to have a written whistleblowing policy covering all staff, including volunteers and apprentices. Good policies should include:

Clear reporting routes

• Who to contact internally (manager, DSL, senior management)
• What to do if the normal contact is implicated
• Alternative routes for reporting externally

You can start from Disclosurely's free UK whistleblowing policy template and adapt it for EYFS requirements — then confirm sector-specific wording with your DSL and adviser.

Confidentiality and anonymous options

• How the setting will protect confidentiality
• Whether anonymous reporting is accepted
• The limitations of anonymous reporting

Protection from retaliation

• A commitment that staff will not be victimised for raising concerns
• A clear statement that bullying or victimising whistleblowers will be treated as a disciplinary matter

Investigation and escalation

• Who will investigate concerns
• How impartiality will be maintained
• When concerns may need to be escalated externally (LADO, Ofsted, police)

Acknowledgment and follow-up

• Timely acknowledgment of concerns
• Indicative timescales for investigation
• How the reporter will be updated

Link to other policies

• Safeguarding and child protection policy
• Grievance procedure
• Staff code of conduct

Reference to legislation

• Public Interest Disclosure Act 1998
• Employment Rights Act 1996
• Data Protection Act 2018

Can nursery or childcare staff report concerns anonymously?

Yes, early years staff can usually raise concerns anonymously. However, there is an important distinction between anonymous and confidential reporting.

Anonymous

You do not give your name or contact details. The setting receives the concern but does not know who raised it.

Pros: Removes fear of retaliation.

Cons: The setting cannot contact you for clarification or further evidence. You will not receive updates on the outcome.

Confidential

The setting knows your identity but agrees not to disclose it without your consent.

Pros: Allows follow-up and investigation. You can receive updates.

Cons: There may be circumstances where identity must be disclosed to protect a child from harm or comply with a court order.

Practical limitations

Even if you report anonymously, the substance of your report may reveal your identity. If you describe a specific incident that only a limited number of people could have witnessed, others may guess who raised the concern.

For early years providers who want confidential and anonymous options with secure follow-up, anonymous reporting technology can help—without replacing safeguarding procedures, LADO referral, or statutory reporting obligations.

What if the concern involves the nursery manager or owner?

This is a common concern in early years settings, especially smaller nurseries or childminder settings where staff work closely with the manager or owner.

Raising a concern internally

If the concern involves the manager or owner, you can:

• Report to the Designated Safeguarding Lead (DSL) – if the DSL is not the manager
• Report to a senior manager or owner – if you are comfortable doing so
• Report to the chair of the management committee or board – in voluntary or community settings
• Report to a regional manager or HR – in larger nursery chains or groups

Alternative reporting routes

If you cannot raise the concern internally, you can report externally to:

• Local Authority Designated Officer (LADO) – for concerns about an adult working with children
• Ofsted Whistleblowing Hotline – for concerns about a provider's registration or compliance
• Local authority early years team – for concerns about quality or safeguarding
• NSPCC – for concerns about harm to a child

Can you be dismissed for whistleblowing in childcare?

Not lawfully where the reason for dismissal is that you made a protected disclosure—and only if the statutory conditions for protection are met. Simply labelling a concern as “whistleblowing” does not create protection on its own. Where those conditions are met and you are an employee, dismissal for that reason is automatically unfair.

The legal framework

The Public Interest Disclosure Act 1998 protects workers who make "protected disclosures". Protection applies from day one of employment—there is no minimum service period.

What is protected?

A protected disclosure is a qualifying disclosure made through a route the law recognises.

For a disclosure to qualify, the worker must reasonably believe that:

1. The information tends to show one or more types of wrongdoing set out in law (for example a criminal offence, a breach of a legal obligation, danger to health and safety, or a cover-up of any of these)
2. They are making the disclosure in the public interest

Those are the core reasonable-belief tests for ordinary disclosures, including disclosures made to the employer.

A qualifying disclosure is then protected if it is made through an appropriate channel—for example to the employer (or another responsible person), or, in defined circumstances, to a prescribed person or another external recipient.

Some external routes have additional conditions. For example, when disclosing to a prescribed person, the worker must also reasonably believe that the information disclosed, and any allegation in it, are substantially true, and that the matter falls within that body’s remit. Those higher requirements apply to those routes—they are not a general test for all protected disclosures.

A worker can still be protected if their concern later turns out to be unfounded, provided they held the required reasonable belief at the time and met the other statutory conditions. Good faith is not a requirement for the disclosure to be protected. However, if an employment tribunal finds a disclosure was not made in good faith, it may reduce any compensation by up to 25%.

What is not protected

• A grievance about personal employment (unless it also involves public interest wrongdoing)
• A malicious or fabricated allegation made to discredit a colleague
• A disclosure made for personal gain

If a worker knowingly makes a malicious or false allegation, this may be treated as a disciplinary matter.

Recent protections

Under the EYFS statutory framework, staff are entitled to protection from retaliation for whistleblowing, and any attempts to victimise employees for raising concerns should be treated as a disciplinary matter.

What should an early years setting do when somebody raises a concern?

Employers should investigate concerns reported to them thoroughly, promptly, and confidentially. The following process is typical:

1. Acknowledge the concern

The person raising the concern should be told how it will be dealt with and given a timescale for a response—ideally within 10 working days.

2. Assess immediate safeguarding

If the concern involves a child at risk of harm, safeguarding procedures must take priority. Any concerns suggesting a child may be at risk of significant harm should be managed through child protection procedures.

3. Protect confidentiality

Only those who need to know should see the report. The whistleblower should not be named unless absolutely necessary.

4. Determine the correct route

The concern may be:

• Investigated internally (by management, HR, or internal audit)
• Investigated through another procedure (safeguarding or disciplinary)
• Reported to the LADO, Ofsted, or police

5. Restrict unnecessary access

Access to the report should be restricted to those who need to handle it, to protect both the reporter and the integrity of the investigation.

6. Document decisions

Record why the concern was classified in a particular way and what action was taken. This is important for audit trails and regulatory compliance.

7. Communicate appropriately

The reporter should be informed of the outcome or told why no action was taken, where contactable. The reporter may not receive detailed findings where confidentiality or employment matters limit disclosure.

8. Take appropriate action

This may include disciplinary action, process improvements, referrals to external bodies, or taking no further action.

9. Retain suitable records

Records should be retained in line with data protection requirements.

Why staff sometimes stay silent

Even with legal protections, many early years staff hesitate to whistleblow. Understanding these barriers can help settings create better reporting cultures.

• Fear of retaliation: Concern that they will be victimised or dismissed
• Working in a small team: The identity of a whistleblower may be obvious in a small nursery or childminder setting
• Manager involvement: The concern involves the manager who would normally receive complaints
• Uncertainty: Not knowing whether the concern qualifies as whistleblowing
• Fear of being identified: Concern that their identity will not be protected
• Believing nothing will happen: Lack of trust that the setting will take action
• Financial pressure: Concern about losing their job in a sector where jobs may be hard to find

These barriers are real and can be particularly acute in early years settings, where staff may have limited alternative reporting routes. Settings that create a culture where staff feel safe to speak up—with multiple reporting routes, confidentiality, and visible leadership support—can help address these concerns.

Whistleblowing in early years FAQs

What is an example of whistleblowing in a nursery?

A nursery worker reports that safeguarding concerns are being ignored, that staffing ratios are being deliberately breached, or that safety records are being falsified. The concern must be in the public interest, affecting children or others rather than just the worker.

What is the whistleblowing procedure in early years?

Under the EYFS (September 2025), all early years settings must have a written whistleblowing procedure. Staff should report concerns internally first (to a manager, DSL, or senior leader). If this is not possible, concerns can be escalated externally to Ofsted, LADO, or other bodies.

Can nursery staff whistleblow anonymously?

Yes, concerns can be raised anonymously. However, anonymous reports may be more difficult to investigate, and the reporter will not be able to receive updates or provide further information.

Is safeguarding the same as whistleblowing?

No. Safeguarding protects children from harm. Whistleblowing is the act of raising a concern about wrongdoing. The two can overlap (if a worker raises a safeguarding concern, it may also be whistleblowing).

Who can I report concerns about a nursery to?

Internally: manager, DSL, senior leader, or HR. Externally: Ofsted, LADO, local authority early years team, or NSPCC.

What happens after a whistleblowing concern is raised?

The setting should acknowledge the concern, assess if immediate safeguarding action is required, investigate appropriately, and inform the reporter of the outcome where possible.

Can I be dismissed for whistleblowing in childcare?

Not lawfully where the reason for dismissal is that you made a protected disclosure—and only if the statutory tests for a protected disclosure are met. Simply calling a concern “whistleblowing” is not enough. Where those conditions are met, dismissal of an employee for that reason is automatically unfair, and protection applies from day one of employment.

Does an early years setting need a whistleblowing policy?

Yes. Since September 2025, the EYFS statutory framework requires all early years settings in England to have appropriate whistleblowing procedures in place for all staff, including students and volunteers.

Sources

1. Foundation Years (2026) – Whistleblowing in the Early Years
2. UK Parliament (2025) – Written questions and answers: Early Years Safeguarding
3. Buckinghamshire Children's MAPP (2025) – 5.4 Whistleblowing
4. Nursery World (2025) – Management Queries: Blowing the whistle
5. Bath and North East Somerset EYFS Team (2025) – Whistleblowing: what's it got to do with me?
6. Portsmouth Safeguarding Children Partnership (2023) – Whistle blowing and allegation management
7. Coventry Early Years (2025) – Whistleblowing Model Policy
8. Devon County Council (2025) – Safeguarding special: EYFS reforms from 1st September 2025
9. Brighton & Hove City Council – Whistleblowing guidance

This guide is for informational purposes only and does not constitute legal advice. Organisations and individuals should consult qualified legal professionals about their specific circumstances.