The Early Years Foundation Stage (EYFS) Statutory Framework is the bedrock of safety in England’s nurseries and pre-schools. Yet, for Lewis and Zoe Steeper, following the devastating loss of their nine-month-old son, Oliver, to a choking incident in his setting, the existing safeguards simply were not good enough.
Their unimaginable tragedy has since been channelled into the creation of the Oliver Steeper Foundation, a tireless force that has successfully reformed the EYFS, making early years settings safer for every child in England.
The new EYFS 2025 Safer Eating Regulations (3.63–3.70) are a direct result of their campaign, ensuring mandatory safety practices are now protected in law.
The Fight for Change: Oliver’s Legacy
Lewis and Zoe were suddenly thrown into the complexities of the EYFS, quickly realising that critical loopholes needed to be closed. Their resolute belief, “Things have got to change,” led to the powerful Safer Eating Campaign , a national initiative providing simple, effective visual aids on appropriate food stages for both staff and parents/carers, simplifying communication around weaning.
Access the campaign here: #EatSafe campaign launched in memory of Oliver.
Beyond the campaign, the foundation successfully addressed dangerous regulatory gaps, supported by a Coroner’s Prevention of Future Deaths Notice following the inquest.
Key Achievements
- Mandatory Paediatric First Aid (PFA):
A loophole previously allowed long-serving staff to count in ratios without a current, in-date PFA certificate. This has now been closed. Every staff member must hold an up-to-date qualification. - Specific Supervision Rules:
New requirements now cover supervision while eating and guidance on safe food preparation.
These changes paved the way for the robust, explicit rules now introduced in the EYFS 2025 update.
What the EYFS 2025 Safer Eating Rules Mean for Your Setting
The new regulations, found in the Food and Drink section, establish clearer and more rigorous standards for mealtimes. They focus heavily on preparation, vigilance, and communication.
1. Staffing and Supervision
- PFA Presence: A Paediatric First Aid-trained staff member must be present at any time when children are eating.
- Close Observation: Staff must closely observe and listen to children while eating and drinking. Supervisors should face the children to respond quickly to choking or allergic reactions, and to prevent food swapping.
- Environment: Use highchairs or appropriately sized low chairs and create an environment with minimal distractions to support safer eating.
2. Allergy Management: A Key Priority
The update places strong emphasis on managing food allergies and intolerances, which can develop at any time.
- Information Gathering: Before a child starts, settings must collect detailed information on dietary requirements, allergies, and intolerances.
- Nominated Staff Member: Each child should have a designated staff member responsible for checking that food and drink are safe.
- Allergy Action Plans: Allergy action plans must be developed with parents and healthcare professionals (where relevant), reviewed regularly, and shared with all staff.
All staff must recognise symptoms and know the correct treatments for allergies and anaphylaxis.
Learn more about how to create an allergy action plan and ensure your team is trained to use it effectively.
3. Weaning and Food Preparation
- Introducing Solids: This must be done in consultation with parents and carers, based on the child’s individual developmental stage, not simply their age.
- Safe Preparation: Food must be prepared suitably to prevent choking. The DfE’s support site provides detailed advice on safe food preparation practices.
For more information about your legal obligations when serving food, visit:
Do Early Years Settings Need to Register as a Food Business?
4. Incident Reporting
- Any choking incidents must be recorded, and parents or carers must be informed.
- Records of near-miss incidents should be reviewed regularly to identify patterns or risks.
Update staff training using the following accredited Early Years courses:
Beyond the Framework: Practical Lifesaving Measures
The work of the Oliver Steeper Foundation extends beyond policy reform into practical, everyday safety improvements.
In partnership with the Banana Moon nursery franchise, the foundation has rolled out LifeVac anti-choking devices across all its settings. Each nursery has also been supplied with a LifeVac travel kit, ensuring protection for children during outings, snack times outdoors, or trips.
This initiative also saw the installation of defibrillators (defibs) across every Banana Moon setting, reflecting a commitment to addressing all major emergency scenarios and setting a new safety benchmark for the early years sector.
EYFS 2025: What You Need to Do Now
As an early years practitioner, manager, or childminder, you should begin preparing for the 2025 reforms immediately.
Your Immediate Action Plan
✅ Check Rotas: Ensure your staffing rota guarantees appropriate ratios and that a PFA-trained staff member is present at every mealtime.
✅ Review Guidelines: Update your weaning and food preparation policies and verify that your menus meet new safety standards.
✅ Create Action Plans: Develop robust allergy action plans and ensure all staff are confident using them.
✅ Update Training: Refresh training in Paediatric First Aid, Food Safety, and Allergy Awareness.
✅ Reconfigure Dining Spaces: Make sure mealtime areas allow for clear visibility and secure, suitable seating.
Honouring Oliver’s Memory
The EYFS 2025 Safer Eating Regulations are a vital and mandatory step forward in child protection. By embracing these changes, we honour Oliver’s memory and help create a lasting legacy of safety across the early years sector.
Learn more about Oliver’s story and the work of the Oliver Steeper Foundation here:
The Oliver Steeper Foundation | Charity Registration Number 1207047.
Anyone who wishes to purchase a LifeVac for their setting can use the code EDEN10 for a 10% discount on orders placed via:
LifeVac Anti-Choking Kits
