Keeping Children Safe in Education DRAFT release - 24th May 2024

IMPORTANT NOTE

The May 2024 version is an interim release pending the publication of the final version, which is scheduled to come into effect in September 2024. This interim guidance serves as a reference and is informational only, without any legal or regulatory force until the final version is officially published and enacted.

About this Guidance

In the guidance, "must" indicates a legal requirement, while "should" suggests recommended actions that should be followed unless there's a valid reason not to. The guidance should be read alongside:

·      Statutory guidance "Working Together to Safeguard Children"

·      Departmental advice "What to do if you're worried a child is being abused: advice for practitioners"

 

Schools and colleges in England must consider this guidance when fulfilling their duties to safeguard and promote the welfare of children, defined as anyone under the age of 18.

 

Victims and alleged perpetrator(s)

In this guidance, the term "victim" is used for clarity, though not everyone subjected to abuse may identify with this term. Schools and colleges should respect the preferences of the individual involved. Similarly, the terms "alleged perpetrator(s)" and "perpetrator(s)" are used for clarity but should be used thoughtfully, especially in front of children, as the behaviour might have been harmful to the perpetrator as well. Schools and colleges should choose appropriate terminology based on each specific case.

 

Who is this Guidance for?

This statutory guidance should be read and followed by:

·      Governing bodies of maintained schools, colleges, and providers of post-16 education as outlined in the Apprenticeships, Skills, Children and Learning Act 2009, including 16-19 academies, special post-16 institutions, and independent training providers.

·      Proprietors of independent schools (including academies, free schools, and alternative provision academies) and non-maintained special schools, with the proprietor for academies, free schools, and alternative provision academies being the academy trust.

·      Management committees of pupil referral units (PRUs).

·      Senior leadership teams.

 

Schools and Colleges

It is crucial that all school or college staff understand their safeguarding responsibilities. Governing bodies and proprietors must ensure that staff working directly with children read at least Part One of this guidance. They should also ensure that staff not working directly with children read either Part One or Annex A (a condensed version of Part One), in collaboration with their senior leadership teams and designated safeguarding lead.

 

This guidance replaces "Keeping Children Safe in Education 2023."

Below are the substantive changes.

 

Part One – Safeguarding Information

 

Paragraph 2 - A sentence has been added in paragraph 2, reminding all staff that "‘Children’ includes everyone under the age of 18". This prompts staff to consider how some children are treated as adults, highlighting responsibilities placed on exploited teenagers and the premature expectation of maturity among black children and young people.

Safeguarding and promoting the welfare of children is everyone’s responsibility. ‘Children’ includes everyone under the age of 18.

 

Page 4 Definition of ‘safeguarding and promoting the welfare of children’ – amended to reflect the updated ‘Working together to safeguard children 2023’

Safeguarding and promoting the welfare of children is defined for the purposes of this

guidance as:

•            providing help and support to meet the needs of children as soon as problems emerge

•            protecting children from maltreatment, whether that is within or outside the home, including online

•            preventing impairment of children’s mental and physical health or development

•            ensuring that children grow up in circumstances consistent with the provision of safe and effective care

•            promoting the upbringing of children with their birth parents, or otherwise their family network through a kinship care arrangement, whenever possible and where this is in the best interests of the children

•            taking action to enable all children to have the best outcomes in line with the outcomes set out in the Children’s Social Care National Framework

 

Paragraph 18 ‘Early help’ – amended to reflect revised ‘Working Together’ guidance

All school and college staff should be particularly alert to the potential need for early help for children who:

•            Are disabled or have certain health conditions with specific additional needs

•            Have special educational needs (with or without a statutory Education, Health, and Care plan)

•            Have a mental health need

•            Are young carers

•            Are showing signs of being drawn into anti-social or criminal behaviour, including gang involvement and association with organised crime or county lines

•            Frequently go missing from education, home, or care

•            Have experienced multiple suspensions or are at risk of permanent exclusion

•            Are at risk of modern slavery, trafficking, or sexual/criminal exploitation

•            Are at risk of being radicalised or exploited

•            Have a parent or carer in custody or are affected by parental offending

•            Are in challenging family circumstances, such as those involving drug and alcohol misuse, adult mental health issues, or domestic abuse

•            Are misusing alcohol and other drugs

•            Are at risk of so-called 'honour'-based abuse, such as Female Genital Mutilation or Forced Marriage

•            Are privately fostered. 

The increased emphasis on students who have "experienced multiple suspensions, are at risk of being permanently excluded from schools, colleges, and in Alternative Provision or a Pupil Referral Unit" highlights national concerns about rising suspension rates and the importance of considering behaviour within a safeguarding context as outlined in the Behaviour in Schools guidance. The Behaviour Guidance can be found in the resources section at the end of this blog.

 

Paragraph 19 ‘Abuse and Neglect’ – heading amended to include ‘exploitation’ (also throughout the document as applicable)

All staff should be aware of the indicators of abuse, neglect, and exploitation, understanding that children can be at risk of harm in various environments, including inside and outside the school/college, home, and online. Exercising professional curiosity and knowing what to look for are crucial for the early identification of abuse and neglect, enabling staff to identify children who may need help or protection.

 

Paragraph 24 ‘Indicators of Abuse and neglect’ – additional text included ‘including where they see, hear, or experience its effects’ when referring to domestic violence.

Abuse is a form of maltreatment where a child is harmed or not protected from harm. It includes physical and non-physical ill-treatment, as well as the impact of witnessing ill-treatment, such as domestic abuse. Children can be abused within the family, in institutional or community settings, by people they know, or, less commonly, by strangers. Abuse can occur entirely online or be facilitated by technology. Both adults and other children can be perpetrators of abuse.

 

Paragraph 29 ‘Safeguarding Issues’ – ‘deliberately missing education’ amended to reflect revised definition of ‘unexplainable and or/persistent absences from education’

All staff should be aware of safeguarding issues that can endanger children. These include behaviours associated with drug and alcohol misuse, unexplained or persistent absences from education, serious violence (including involvement in county lines), radicalisation, and the consensual or non-consensual sharing of nude or semi-nude images or videos. Recognising these signs is crucial for identifying children who may be at risk.

 

Part 1 maintains a theme of alignment, as seen in paragraph 56, which emphasises referring to Working Together for a more comprehensive definition of early help. 

Further guidance on effective assessment of the need for early help can be found in Working Together to Safeguard Children. Any such cases should be kept under constant review and consideration given to a referral to local authority children’s social care for assessment for statutory services if the child’s situation does not appear to be improving or is getting worse.

 

 

Part Two - The management of safeguarding

 

Paragraph 92 Data Protection Act 2018 and UK GDPR – paragraph included to comply with  PA/UKGDPR requirements

Governing bodies and proprietors must be aware that, among other obligations, the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) impose duties on organisations and individuals regarding the fair and lawful processing of personal information and the security of data. They should refer to ICO guidance for organisations to understand their obligations and ensure compliance, including protecting personal information and providing access to official information.

 

Paragraph 93 - cross-references the Data Protection in Schools toolkit from last year, which assists staff, governors, and trustees in understanding data protection laws, developing policies, determining data storage practices, and providing guidance to prevent data breaches. The toolkit can be found here: https://www.gov.uk/guidance/data-protection-in-schools

In addition, see the DfE Data Protection guidance for schools, which will help school staff, governors and trustees understand how to comply with data protection law, develop their data policies and processes, know what staff and pupil data to keep and follow good practices for preventing personal data breaches.

 

Paragraph 131 - The Department for Education (DfE) no longer mentions plans to offer additional guidance specifically aimed at teaching relationship-focused education to prevent sexual harassment and sexual violence.

The department has produced a one-stop hub for teachers which can be accessed here: Teaching about relationships, sex and health - GOV.UK . This includes teacher training modules on the RSHE topics and non-statutory implementation guidance.

 

Paragraph 138 -  The reference to the NSPCC document regarding safe remote teaching, previously in paragraph 138, has been removed, and it is no longer available on the NSPCC website.

Guidance to support schools and colleges understand how to help keep pupils, students and staff safe whilst learning remotely can be found at Safeguarding and remote education - GOV.UK (www.gov.uk) and Providing remote education: guidance for schools - GOV.UK (www.gov.uk).

 

Paragraph 171 ‘Alternative Provision’ – text added to clarify school remains responsible for the pupils they place in alternative provision

When a school assigns a pupil to an alternative provision provider, it retains responsibility for safeguarding the pupil. The school should ensure that the placement adequately meets the pupil's needs.

 

Paragraph 200: Introduces a new responsibility for Virtual School Heads to advocate for the attendance, attainment, and progress of children in kinship care, effective from September 2024. Schools and colleges are advised to incorporate training on kinship care into staff training programs, including for designated teachers and DSLs.

 

Paragraph 179: The Department for Education (DfE) has referenced elective home education. Previously stating that "home educated children have an overwhelmingly positive experience," the italicised words have been removed. Additionally, the paragraph now acknowledges that some of these children are "not in receipt of suitable education" and highlights their decreased visibility.

 

Paragraph 204 Links added to NSPCC advice on protecting children with SEN; and deaf/disabled children and young people

Schools and colleges should provide extra pastoral support and attention to children with special educational needs and disabilities (SEND), ensuring appropriate communication support is available. Additional guidance can be found in the department's SEND Code of Practice 0 to 25 years and Supporting Pupils at School with Medical Conditions. Specialist organisations such as SENDIASS, Mencap, and NSPCC offer further information, advice, and support for parents, carers, and professionals working with children and young people who are deaf/disabled children or young people.

 

Paragraphs 205 to 209 ‘Children who are lesbian, gay, bisexual, or questioning their gender’ – disclaimer added, and additional text includes further clarification to comply with gender questioning children guidance terminology

205 - A child or young person identifying as lesbian, gay, or bisexual is not inherently at risk, but they may face targeting from other children. Sometimes, a child perceived as lesbian, gay, or bisexual, regardless of their actual identity, can be just as vulnerable as those who are.

206. However, the Cass review identified that caution is necessary for children questioning their gender as there remain many unknowns about the impact of social transition and children may well have wider vulnerabilities, including having complex mental health and psychosocial needs, and in some cases additional diagnoses of autism spectrum disorder and/or attention deficit hyperactivity

disorder.

207. It recommended that when families/carers are making decisions about support for gender questioning children, they should be encouraged to seek clinical help and advice. When parents are supporting pre-pubertal children, clinical services should ensure that they can be seen as early as possible by a clinical professional with relevant experience.

208. As such, when supporting a gender questioning child, schools should take a cautious approach and consider the broad range of their individual needs, in partnership with the child’s parents (other than in the exceptionally rare circumstances where involving parents would constitute a significant risk of harm to the child), including any clinical advice that is available and how to address wider

vulnerabilities such as the risk of bullying. Schools should refer to our Guidance for Schools and Colleges in relation to Gender Questioning Children, when deciding how to proceed.

209 - Risks can be heightened when children lack trusted adults to confide in. Therefore, it's crucial for staff to mitigate these barriers, fostering a culture where children feel comfortable speaking out or sharing their concerns with members of staff.

 

It is also important to note the following: The phrase "provide a safe space" has been updated to "create a culture" where young people feel comfortable sharing their concerns with staff. Additionally, the reference to Relationships and Sex Education (RSE) and health education guidance has been removed from this section.

 

There are no substantive changes in Part 3 - Safer recruitment & Part 4 - Safeguarding concerns or allegations made about staff, including supply teachers, volunteers and contractors

 

Part Five - Child-on-child sexual violence and sexual harassment

 

Paragraph 497 ‘Early help’ – text amended to reflect ‘Working Together to Safeguard Children 2023’

The school or college may determine internally that the children involved don't require referral to statutory services but could benefit from early help. Early help offers support for children of all ages, enhancing family resilience, improving outcomes, or preventing problems from worsening. Providing early help is more effective than reacting later and can address non-violent harmful sexual behavior, potentially preventing the escalation of sexual violence. It's crucial for the designated safeguarding lead and their deputies to understand the local early help process and know how to access support.

 

There are no substantive changes in Annex A – Safeguarding information for school and college staff

 

Annex B - Further information

 

Page 151 now lists indicators of CCE and CSE for both perpetrators and alleged perpetrators, including:

Going missing and being found far from home

Being involved in serious violence, either as victim, perpetrator, or alleged perpetrator

Receiving drug requests via phone, moving drugs, and handling drug money

Being exposed to drug concealment techniques like 'plugging'

Being found in unfamiliar accommodations linked to drug activity

Owing a debt to exploiters

Having bank accounts used for drug dealing.

 

Page 148 ‘Children and the court system’ – two separate age-appropriate guides for schools to support children in the court system now included

Children may need to provide evidence in criminal courts, either for crimes committed against them or for crimes they have witnessed. To support them, there are two age-appropriate guides available: one for 5-11-year-olds and another for 12-17-year-olds.

 

Page 156 ‘Preventing radicalisation’ – disclaimer added, and minimal changes to clarify schools’ duties in relation to Prevent

All schools and colleges have a duty under the Counter-Terrorism and Security Act 2015, known as the Prevent duty, to prevent individuals from becoming terrorists or supporting terrorism. This duty aligns with wider safeguarding obligations. Designated safeguarding leads (and deputies) and other senior leaders should acquaint themselves with the revised Prevent duty guidance, especially paragraphs 141-210, which focus on education. The guidance emphasises three themes: leadership and partnership, capabilities, and reducing permissive environments.

 

Do be aware of the new definition of extremism that was published on 14^th March 2024 – the definition can be found here: https://www.gov.uk/government/publications/new-definition-of-extremism-2024/new-definition-of-extremism-2024

Extremism is the promotion or advancement of an ideology based on violence, hatred or intolerance, that aims to:

·      negate or destroy the fundamental rights and freedoms of others; or

·      undermine, overturn or replace the UK’s system of liberal parliamentary democracy and democratic rights; or

·      intentionally create a permissive environment for others to achieve the results in (1) or (2).

 

The types of behaviour below are indicative of the kind of promotion or advancement which may be relevant to the definition, and are an important guide to its application. The further context below is also an essential part of the definition.

 

The list of hyperlinks in the Additional Advice & Support section (p163) has been updated. 

 

Annex C - Role of the designated safeguarding lead

 

Page 176 ‘Holding and sharing information’ – bullet point 3 further guidance added regarding the rationale for making decisions

Staff should maintain detailed, accurate, and secure written records of all concerns, discussions, and decisions made, including the reasons behind those decisions. This should encompass instances where referrals were or were not made to other agencies, such as local authority children's social care or the Prevent program.

 

Please note: The reference to Skype has been re-added on page 170, allowing DSLs (or deputies) to be contacted by "phone and/or Skype or other such media."

 

Resources:

KCSIE 2024 - https://assets.publishing.service.gov.uk/media/6650a1967b792ffff71a83e8/Keeping_children_safe_in_education_2024.pdf

Working Together to Safeguard Children - https://www.gov.uk/government/publications/working-together-to-safeguard-children--2

What to do if you are worried about a child is being abused: https://www.gov.uk/government/publications/what-to-do-if-youre-worried-a-child-is-being-abused--2

NSPCC - Safeguarding child protection/deaf and disabled children and young people – https://learning.nspcc.org.uk/safeguarding-child-protection/deaf-and-disabled-children#risk-and-vulnerability-factors

SEND Code of Practice – https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

Supporting Pupils with Medical Needs - https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions--3

Behaviour in Schools Guidance: https://assets.publishing.service.gov.uk/media/65ce3721e1bdec001a3221fe/Behaviour_in_schools_-_advice_for_headteachers_and_school_staff_Feb_2024.pdf

Young Witness guide: 5-11 years: https://www.gov.uk/government/publications/young-witness-booklet-for-5-to-11-year-olds

Young Witness guide: 12-17 years: https://www.gov.uk/government/publications/young-witness-booklet-for-12-to-17-year-olds