In March 2026, Minister Bailey wrote a letter informing early years settings in England of amendments that the Department intends to make to the Early Years Foundation Stage (EYFS) statutory frameworks later this year. The letter mainly focused on safer sleep but also referred to potential changes to ensure that children are suitably protected from banned dog breeds in childcare settings. 

A targeted stakeholder consultation was then led by the Department for Education with early years and childcare experts, Ofsted, CMAs and animal welfare organisations. The targeted consultation involved consideration of potential different options. Most organisations felt the safest thing to do for children was to ensure banned breed dogs were not kept or present at childcare settings. As efforts to keep children and banned breed dogs separated on the same premises were considered too risky due to risk of error / misinterpretation / misunderstanding and concerns on how this would be robustly managed at all times. 

Following the targeted consultation, the decision has been made to prohibit the provision of registered childcare from any premises where a banned dog breed is present or kept. 

To do so, the Department will look to make changes to:  

• the EYFS frameworks – for childminders and for group-based settings 

• the regulations governing registration requirements and welfare requirements applicable to Early Years and Later Years providers and voluntarily registered providers (with an exception for nannies). 

This means that this would apply to registered providers on the Early Years and General Childcare Registers (except nannies). 

Banned dog breeds are those to which section 1 of the Dangerous Dogs Act 1991 applies and includes the XL Bully type. The Department for Education is clear that banned dog breeds are not compatible with the environment of a childcare setting. The requirement makes sure that children in registered childcare settings will be suitability protected from the risks associated with banned dog breeds by ensuring that such breeds are not kept or otherwise present at the same premises as childcare. 

This change will come into force in England from 1 September 2026, subject to parliamentary and legislative process. Further communications on this will be issued by the Department for Education in Summer 2026.