Keeping Children Safe in Education 2022

Whilst it contains no surprises, it offers new terminology (for example child on child abuse in place of peer on peer), useful clarification and it reinforces some of the changes made last year. There is also now specific guidance on support for LGBT pupils and schools should ensure this is properly reflected in their policies and procedures. We have summarised the key changes, and the action we would recommend now to prepare for September below.

Safeguarding Training for Governors

This has been recognised best practice for many years and was endorsed by IICSA in their residential schools investigation report in March 2022. However it was not, until now, mandatory.

KCSIE 2022 changes that and provides at para 81 that:

"…all governors and trustees [should] receive appropriate safeguarding and child protection (including online) training at induction" and that this should be "regularly updated". Training should "equip them with the knowledge to provide strategic challenge to test and assure themselves that the safeguarding policies and procedures…are effective".

There are three key points to emphasise in respect of this change. First, the obligation to ensure the correct training is rolled out falls on governing bodies and proprietors themselves, rather than schools generally. Secondly, the training should be delivered to all governors, rather than only to the governor(s) with overall responsibility for safeguarding. Finally, the paragraph specifically requires the training to include training on on-line safety.

In preparation for September, we recommend schools should: 

• review what safeguarding and child protection (including online) training each of the governors have had and should have to satisfy this test

• consider how you check governor understanding of these requirements

• if you don’t already keep them, maintain and review training records for governors as part of the annual review of safeguarding

• ensure that the training covers Part 2 of KCSIE, the school(s)' local arrangements (in particular the local criteria for action and the local protocol for assessment) and the particular risk factors and arrangements in the school

Online Recruitment Searches

It would not be unusual for schools to carry out a quick internet or social media search on a job candidate during a recruitment exercise. It is nevertheless important to note that para 220 refers specifically to online searches on shortlisted candidates, stating schools should "consider carrying out an online search as part of their due diligence on the shortlisted candidates" when recruiting.

This paragraph does not introduce an obligation to carry out online searches on shortlisted candidates, but asks schools to "consider" doing so. "Should" in this context means follow the advice unless there is good reason not to. Accordingly, we expect online searches to now become a normal (and open) aspect of recruitment in schools.

In preparation for September, we recommend schools should:

• review the school's recruitment documentation to include its approach to online searches

• update the school's privacy notices to reflect the approach to online searching

• consider what information will be searched and who will carry these out

• consider what information will be recorded, and how long it will be retained

• satisfy themselves that staff who are involved in undertaking the searches and in recruitment decisions understand what kinds of online search results should be taken into account in the context of recruitment decisions, in order to reduce the risk of arguments of discrimination, etc

Low-Level Concerns

KCSIE 2021 introduced the concept of 'low-level concerns' and the requirement for schools to have low-level concerns policies in place. It said that low-level concerns should be raised in the same way as an allegation that may meet the harm threshold, namely that in most cases the concern should be raised with the Head or Principal. The wording of KCSIE 2021 caused some confusion for schools who preferred to adopt a different approach to managing low-level concerns, and preferred low-level concerns to brought to the attention of the DSL or a dedicated safeguarding champion in the first instance.

KCSIE 2022 introduces increased flexibility for schools to determine their own approach to reporting low-level concerns. Para 432 confirms that the way low-level concerns are initially shared is a matter for schools to decide. However, it does emphasise that if the Head is not the first port of call, they should still be "informed in a timely fashion" of each low-level concern and "should be the ultimate decision maker in respect of all low-level concerns".

In light of this change, we recommend schools should:

• review the reporting mechanism for low-level concerns in their allegations and low level concerns policy. If your school's policy is for low-level concerns to be raised differently to an allegation that may meet the harm threshold, you should take care to ensure it is clear that the DSL/safeguarding champion must report all low-level concerns to the Head.

• You should also consider what guidance you can offer to staff who are unsure whether a concern is a true low-level concern, or whether it is an allegation that may meet the harm threshold.

We have an 'Allegations and low level concerns' policy which can be tailored to your requirements. This is available as a standalone document or as part of our Safeguarding policy.

For more information and advice on the changes introduced in KCSIE 2022, please contact Tabitha Cave on 07747 075 825, or complete the form below.

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