The sentencing of Vincent Chan on 12 February 2026 marks what is likely to be a defining moment for the early years sector.

For years, CCTV has been a discretionary tool – today, the question is no longer if it should be used, but how soon it will become a mandatory regulatory requirement.

The Catalysts for Change

The drive for mandatory surveillance follows a series of high-profile abuse cases, most notably that of Vincent Chan, who admitted to multiple counts of sexual assault against children.

While the Early Years Foundation Stage (EYFS) currently leaves CCTV decisions to individual providers, Prime Minister Keir Starmer and Education Minister Olivia Bailey have very recently confirmed the government is “considering mandatory use” as part of a rapid safeguarding review.

Shifting Regulatory Landscape

From a legal perspective, the introduction of mandatory CCTV would fundamentally alter the Ofsted inspection framework, conditions of registration and the compliance framework.

Current Framework

Ofsted does not currently mandate CCTV but views it as a supporting measure for a “strong safeguarding culture”. Inspectors do not routinely review footage unless investigating a specific incident.

Proposed Mandate

If made compulsory, “working CCTV” would likely become a condition of registration. This would necessitate new statutory guidance from the Department for Education (DfE) on technical standards, storage and access.

Education Secretary Bridget Phillipson has appointed an expert group to develop guidance on the “safe and effective use” of digital devices and surveillance.

The Privacy vs. Protection Tension

For nurseries, the legal challenge could sit with balancing child protection with GDPR and Data Protection Act 2018 obligations. For example:

• Justification & Proportionality – Any surveillance must be “proportionate and justified”. While safeguarding is a powerful “legitimate interest,” providers must still conduct Data Protection Impact Assessments (DPIAs).
• Intrusiveness – Cameras are strictly prohibited in sensitive areas such as toilets and changing rooms to maintain the “dignity of children”.
• Data Security – The risk of footage being hacked or misused is a primary concern for unions like UNISON. Robust encryption and clear retention policies (often 30 days) are non-negotiable legal safeguards.

Practical Implications for Providers

If the DfE proceeds with a mandate, nurseries should prepare for the following legal, operational and financial changes:

• Increased costs – Installation, maintenance and cloud storage costs could be significant for smaller providers.
• Data protection – Ensure compliance with Data Protection legislation, need for training, clear, transparent policies, as well as increased security around footage including encryption, restriction of access, retention and safe destruction of data
• Staff moral – Transparency is important. Staff must be informed through clear policies and signage to avoid claims of “covert surveillance” or breach of trust.
• Access requests – Parents may have a right to view footage where their child is identifiable, though this often requires obscuring third parties.

How we can help

The legal landscape and Parliament around safeguarding regulation are moving at pace for early years providers and beyond.  Whilst CCTV is not a substitute for vetting and training, it is increasingly viewed as an essential layer of accountability.

For tailored advice on how these changes may affect your setting, please contact Alice Thursfield on 01202 786353 or Alice.Thursfield@LA-Law.com.

FAQs

1. Is CCTV currently mandatory in nurseries in the UK?
   As of February 2026, CCTV is not legally mandatory in nurseries or early years settings. However, discussions within government and the early years sector indicate that compulsory CCTV is under active consideration as part of wider safeguarding reforms.
2. What does Ofsted say about CCTV in nurseries?
   Ofsted does not require CCTV as a condition of registration. Inspectors may review footage only when investigating specific safeguarding concerns. CCTV is viewed as a supporting measure that can strengthen evidence of a “strong safeguarding culture” rather than a regulatory requirement.
3. Does CCTV help nurseries meet safeguarding and EYFS requirements?
   CCTV can support safeguarding by:
   – Improving visibility in less observable areas
   – Providing evidence during incident reviews
   – Demonstrating robust supervision
   – Supporting safer recruitment and accountability
   However, CCTV is not a substitute for safe staffing ratios, effective policies, and appropriate staff training under the EYFS.