Meeting obligations when recruiting volunteers

Here at Law-Call, we often get questions about the use of volunteers within early years settings. Welcoming volunteers into your team brings a wide range of skills and experience that builds on your existing resources. With extra hands-on support, your setting is much better equipped to adapt to daily demands and support the needs of your families.

Offering a rewarding placement also helps the volunteers themselves. A positive experience can inspire them to connect with others, learn new skills, gain confidence and improve their overall wellbeing. It also helps them find routes to employment.

When inviting a volunteer to work in your setting, you must use a volunteer agreement rather than a legal employment contract. This means they are not employees and do not hold employment rights.

A volunteer agreement is a statement of mutual expectations, not a legally binding contract or work agreement. The document should avoid mandatory obligations, minimum hours, compulsory shifts or disciplinary sanctions. Volunteers cannot receive wages, paid-like rewards or commercial benefits, as any form of payment can legally reclassify them as an employee, entitling them to the National Minimum Wage.

Volunteers are restricted to supporting qualified members of the team and do not count toward legal staff-to-child ratios. They must not be left unsupervised with children and cannot perform personal care tasks such as nappy changing or toileting.

The agreement should outline details on induction, training and reimbursement of out-of-pocket expenses such as travel. It also needs to itemise volunteer expectations, namely the requirement to follow setting policies, maintain strict confidentiality and align with the core guidance outlined by the National Council for Voluntary Organisations.

On 1 September 2026, the government introduced new welfare and safeguarding requirements under the updated Early Years Foundation Stage (EYFS) framework. The previous exemption allowing volunteers under the supervision of a qualified team member to work without an Enhanced DBS check has now been removed. This no longer exempts an unpaid or paid volunteer from being in "regulated activity".

Volunteers who teach, train, instruct, care for or supervise children frequently (more than three days in any 30-day period or overnight) now legally require an Enhanced DBS check, regardless of whether they are supervised.

One-off or occasional volunteers, such as those helping at an occasional PTA event or a single day trip, remain exempt from these formal checks as they do not meet the frequency threshold for regulated activity. Enhanced DBS checks are generally free of charge for eligible volunteer roles.

Volunteers in UK early years settings must complete essential induction and safeguarding training before starting their role, with specific requirements governed by the EYFS and Ofsted.

Mandatory training that needs to be completed by all volunteers includes:

1. Safeguarding and child protection (Level 1): All volunteers must complete basic child protection training as part of their induction to enable them to recognise signs of abuse, understand reporting procedures and know who the designated safeguarding lead (DSL) is.
2. Health and safety induction: Covers emergency evacuation procedures, fire safety and general risk management within the provision environment.
   
3. Policy and code of conduct sign-off: Volunteers must read, understand, and acknowledge the setting's safeguarding, confidentiality, data protection (GDPR) and safe-working policies.
   
4. Role-specific or additional training: Depending on the tasks assigned, volunteers may need basic awareness in areas like Prevent Duty (radicalisation awareness), food hygiene, or inclusive practice.
   

Bringing volunteers into your team is a fantastic way to ease pressure on your educators and gives children more opportunities to talk, play and interact during the day. By putting clear volunteer agreements in place, providing thorough inductions and staying on top of the latest EYFS and DBS requirements, you can protect your setting while making the most of the extra support. Getting these fundamentals right ensures a safe, rewarding environment for your team, your volunteers and most importantly, the children in your care.

As an Alliance member, you have access to Law-Call's 24-hour legal advice telephone service. Details can be found in the Alliance member benefit overview section of EYA Central: bit.ly/U5Law-Call.