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Further Draft KCSIE Guidance Published - What Should Schools Be Doing Now?

on Thursday, 12 July 2018.

The DfE's response to the recent consultation and latest draft update to Keeping Children Safe in Education (KCSIE) was published on 17 May 2018.

This is due to come into force on 3 September 2018 (you should continue to refer to the 2016 version of the guidance until then) and is likely to be amended again before implementation.

What are the key changes and will there be further amendments before September?

KCSIE - Key Points from the Latest Version

There are a number of changes from the latest draft version of KCSIE which was consulted on earlier this year.  What are the key points?

Part 1 - Safeguarding Information for All Staff

  • There is an extension of the materials to be covered on induction.

  • Staff are required to be particularly alert to the potential need for the early help of some defined classes of individuals.

  • The Designated Safeguarding Lead (DSL) and their deputies should have a complete safeguarding picture. They are identified as the most appropriate staff members to advise on the school's response to safeguarding concerns and to lead on early help considerations. If they are not available, staff should speak to the Senior Leadership Team or children's services without delay and follow up/escalate matters if information is not forthcoming.

  • Schools should identify other whistleblowing mechanisms available to staff who feel unable to raise concerns with the school directly.

  • All staff should consider the wider context in which safeguarding incidents or behaviours occur.

Part 2 - Management of Safeguarding

The principal changes relate to clarification of responsibility - they make it clear that responsibility sits with Governing Bodies/Trust Boards, but add more focus on safeguarding being everyone's responsibility and the individual responsibility on all staff that this principle carries.

  • Governing Bodies and Trust Boards should have a senior board level lead to take leadership responsibility.

  • Multi Academy Trusts (MATs) should ensure that each academy has its own Child Protection (or Safeguarding) policy.

  • Information sharing is justified where safety may be at risk and/or to support pupils' transition to new schools.

  • All staff should be clear about procedures for managing allegations of peer-on-peer abuse.

  • Schools should have clear arrangements to support previously looked-after children and care leavers, as well as looked-after children.

  • Schools should have policies in place to support appropriate physical contact and the use of reasonable force for all pupils.

  • School leaders and those who work directly with children should read Annex A which contains new information about specific forms of abuse and safeguarding issues.

Further revisions are likely to be made to this section (and other areas of the guidance) to reflect the changes made to Working together to safeguard children (WT), the GDPR and the Data Protection Act 2018 (DPA 2018).

Parts 3 and 4 - Safer Recruitment/Allegations of Abuse Made Against Teachers and Other Staff

Minor changes have been made to improve clarity.  No new requirements have been introduced.

Part 5 - Child-on-Child Sexual Violence and Sexual Harassment

This is a new section. It is markedly different from the guidance attached to the consultation and focuses on the identification of concerns. It should be read in conjunction with the non-statutory advice on this topic.

If you would like to read Yvonne's full article on the draft guidance, which includes some practical advice as to what you can be doing now in preparation for September and further consideration of the regulatory framework for safeguarding, please visit Academies OnStream.

Yvonne Spencer is a Partner in our Regulatory Compliance team. Should you have any queries about the issues raised in this article, please do not hesitate to contact Yvonne on 020 7665 0870.

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