Keeping Children Safe in Education: The Revised Draft Guidance
Three days before Christmas, the DfE published a consultation on revisions to Keeping Children Safe in Education (KCSIE).
The consultation is open until 16 February 2016 and the final version of the statutory guidance, which the Government aims to publish in advance of the proposed implementation date of September 2016, will no doubt vary a little from the current draft. In the meantime, here is a short summary of the proposed changes, which are largely focused on Part 1 and 2 of KCSIE.
Likely Changes to a School's Suite of Safeguarding Policies
The revised KCSIE repeatedly refers to the need for schools to have an 'overarching' safeguarding policy. This appears to be a discrete and separate policy to the school's child protection policy and may therefore require a restructuring of the school's suite of policies. We anticipate that this is an area where greater clarity might emerge in due course.
Additional policy content is likely to become best practice, and may include:
- an acceptable use of technologies policy in the staff code of conduct
- greater detail on tailored procedures to minimise the risk of peer abuse
- reference to local protocols for assessment and the Local Safeguarding Children's Board's threshold document for different types of assessments
- dealing with barriers that can exist when recognising abuse and neglect of children with special educational needs and disability (SEND)
Annual Safeguarding Training
Safeguarding training for the school's Designated Safeguarding Lead (DSL), and indeed all staff, is likely to become an annual requirement. Allied to this, the revised KSCIE requires in a number of places that staff must not only be familiar with the guidance, but must also understand it - presenting obvious evidential and practical challenges to schools and Ofsted alike. Opportunities should also be provided for staff to contribute and shape the school's safeguarding policy.
Referrals to Children's Services/Local Authority Designated Officer (or LADO)
These now present a slight change of emphasis. The revised KCSIE indicates that anyone with a concern about a child's welfare should ensure that a referral is made to children's social care.
In relation to referrals to the LADO involving allegations against staff, the revised guidance sensibly indicates that staff may consider discussing their concerns with the DSL, with the DSL going on to make the referral to the LADO (rather than as now via the Head or Chair of Governors).
Internet Filtering
KCSIE currently refers to internet filters only in the context of preventing access to terrorist and extremist materials. The revised KCSIE broadens this out to any type of potentially harmful and inappropriate online material. In addition, school IT systems will need to be able to identify children accessing or trying to access such content.
Filters should not 'over block' or unreasonably restrict access to what children can be taught with regard to online safety - and the current requirement that governing bodies 'should consider how children may be taught' about safeguarding is strengthened to a requirement that children are taught about safeguarding.
Children with SEND
The revised KCSIE acknowledges that additional barriers can exist when recognising abuse and neglect in relation to children with SEND, and expects schools to address these challenges in their policies and procedures.
Host Families
The question of whether schools involved in host family arrangements are engaged in regulated activity has been a complex one ever since the Safeguarding Vulnerable Groups Act 2006. Helpful wording is currently included in KCSIE to clarify that where parents either make the arrangements themselves 'or take the responsibility for the selection of the host parents themselves', then this is a private matter between parents and the school is not considered to be a regulated activity provider.
There are many ways in which our lawyers can assist schools to comply with their safeguarding obligations. We can provide template child protection policies, a toolkit for governors or trustees to ensure they are discharging their safeguarding obligations, as well as advice on dealing with safeguarding incidents as they arise.