Date of publication:

 

September 2019

 

This alert relates to:

Keeping Children Safe in Education – Statutory guidance for schools and colleges.

This is a new publication:

This is a revised or amended document:

The document is produced by:

Department for Education (England)

Summary of the document

Keeping Children Safe in Education was first published in 2015 with a number of amended and documents following, the latest updated version being September 2019. This statutory guidance has legislative status and is referenced in the Education Act 2020 amongst others. All schools and colleges in England are required to have REGARD of this guidance when undertaking duties to safeguard and promote the welfare of children. Where the guidance refers to MUST, it is expected that there is a legal requirement to act, where the guidance refers to SHOULD, advice given should be followed unless there is a good reason not to do so.

The guidance explains and defines what ‘school’ refers to. The guidance is therefore meant for the following;

  • Maintained schools
  • Non-maintained schools
  • Independent schools, including academies, alternative provision academies
  • Maintained nursery schools
  • Pupil referral units

The Early Years Foundation Stage states that childcare providers other than those operating as a ‘school’ may ‘find it helpful to refer’ to the guidance.

The statutory guidance should be ‘read and followed’ by governing bodies, proprietors and management committees. It is the role of these people to ensure that all staff in school have read at least the first part of the guidance.

What does the guidance cover?

There are five parts to the document.

Part one – Safeguarding information for all staff

Staff should understand that they are an important part of wider safeguarding systems for children that focusses on a child centred and co-ordinated approach towards safeguarding. These systems are described in the statutory guidance ‘Working to safeguard children’.

Safeguarding and promoting children’s welfare is everyone’s responsibility and those who come into contact with children and families have a role to play and should always consider the best interests of the child.

Staff in school are in a position to identify concerns early, provide help for children and prevent concerns from escalating.

All staff are responsible for a safe learning environment for children.

The role of school staff includes the following:

  • Identifying children who will benefit from early help
  • Knowing how to make a referral and follow referral processes
  • Support social workers and other agencies after a referral has been made

Schools should have a designated safeguarding lead and their role includes advising others about issues relating to safeguarding and liaising with statutory services.

Safeguarding systems in school should be explained as part of staff inductions and this should include the;

  • child protection policy
  • behaviour policy
  • staff behaviour policy – code of conduct
  • safeguarding response for children missing from education
  • role of the designated lead

All staff should receive safeguarding and child protection training, they should be aware of referral processes and know how to respond to a child if they tell them that they are being abused or suspect that they are being neglected.

Part one of the guidance explains the definitions of abuse and neglect and describes various types of abuse and specific safeguarding issues. Two new focus areas include peer on peer abuse up-skirting, (involving taking a person’s picture under their clothing without them knowing it). Policies should reflect what happens should peer on peer abuse occur. Also, school staff should be aware of children who are at risk of being involved in or exposed to serious violence and what this may present as in terms of behaviours and main indicators. Links to Government advice on Criminal exploitation of children and vulnerable adults: county lines can be found in this new section of the document. (Can we hypa the gov doc link here?)

Part two – The management of safeguarding

The responsibilities of governors, proprietors and management committees is made clear in part two of the guidance. This includes expectations and descriptions of the role of designated safeguarding lead and others who have responsibility for this in the school such as deputies. The designated safeguarding lead should be senior member of staff from the school’s leadership team.

Clarity is provided on the expectations of appropriate policies and procedures and how these need be in place in order for everyone to effectivley promote children’s welfare.

New arrangements that have replaced the Local Safeguarding Children Board’s are now referenced in the updated version of the document. The role of schools in regards to multi-agency practice is explained in the context of new safeguarding partner arrangements. The three safeguarding partners (Local Authorities, Police and Health) are required to engage with relevant agencies, schools being one such agency. Schools should therefore expect to actively engage with safeguarding partners and work with the arrangements that are in place locally to promote children’s welfare and to protect them from harm.

The importance of sharing information, its purpose and the legal basis upon which information is shared is explained in part two.

Opportunities to teach children safeguarding including on-line safety is highlighted. Relationship education (RSE curriculum) for all primary school children is due to be a mandatory requirement in 2020 and schools should be prepared for this new expectation.

A new Ofsted inspection framework, the Education Inspection Framework is referenced.

Part three – Safer recruitment

Processes for recruitment, selection and pre-recruitment selection are determined in the document. Explanations and definitions of what ‘regulated’ and ‘non-regulated’ activity means are provided and guidance on undertaking of enhanced DBS checks for staff and volunteers is clarified. (See full document for extensive details)

Reference to the Childcare (Disqualification) Regulations 2018 Disqualification under the Childcare Act Childcare is made in section three to direct those responsible for delivery of childcare.

Part four – Allegations of abuse against teachers and other staff

This part of the guidance provides information about managing cases of allegations against a person that suggests that they ‘pose a risk of harm if they continue to work in close contact with children in their present position, or in any capacity.’ This includes members of staff or volunteers working in the school or college regardless of whether this is where the alleged abuse took place. Procedures for dealing with allegations are explained from initial considerations of who to involve, such as the police or the children’s services social care designated officer. It explains who should be involved in processes and procedures including what happens if the allegation is against the head teacher or principle of the school or college. Expectations of how to support those involved with the alleged abuse are also clarified. The importance of confidentiality is highlighted and advice on what happens should the staff member leave the school during the investigation and / or at the end of the process of investigation and final outcome is explained.

Part five – Child on child sexual violence and sexual harassment

Guidance on how to manage the reports of child on child sexual violence and sexual harassment includes links to Government documents for schools and colleges that describe and define what this is and means and how it can be potentially prevented. It addresses a number of things that include:

  • how to respond to reports of child on child sexual violence and harassment
  • how to support victims
  • providing risk assessment
  • role of the designated lead in the event of a report or incident
  • considerations and actions following the report
  • referral to social care
  • reporting to the police and subsequent processes involving the alleged perpetrator
  • ongoing response and considerations for both the victim and the alleged perpetrator

What will this mean for early years and educational settings?

As previously stated, only settings defined in the document as ‘schools’ (or colleges) are meant to have REGARD to this document. It is however, helpful for early years settings to refer to ‘Keeping Children Safe in Education’. It therefore may be helpful to have knowledge and understanding of the document if early years settings are;

  • On the site of a school or college
  • Working in close partnership with schools and or colleges
  • A childminder working with school aged children
  • An out of school provision linked to a school
  • A setting working with apprentices or college students

What other important and relevant documents or legislation does this relate to?

Early Years Foundation Stage

Getting it right for every child (Scotland)

Keeping children safe in education

Working together to safeguard children

Ofsted Inspection Handbook for early years and education

Will this impact upon our policies?

Possibly

If so, how?

Some of the issues that relate to older children and school practices and procedures may impact upon practice in early years settings. It if for the individual to determine how and if this needs to be reflected in their own policies and procedure as and where relevant.

You can access the full documents here: https://www.gov.uk/government/publications/keeping-children-safe-in-education–2