DfE publishes updated safeguarding guidance for schools

28 September 2016

Earlier in September the Department for Education updated its statutory guidance Keeping Children Safe in Education.  The guidance applies to maintained schools, academies and independent schools.

Many of the changes to the previous July 2015 guidance reflect an increased focus on preventing children from being drawn into terrorism (“known as the Prevent Duty”) as well as ensuring that staff are made fully aware of their key role in safeguarding.

Part 1 sets out various important information about employees’ responsibilities and should be read by all members of staff as well as appropriate temporary staff and volunteers. All staff should receive appropriate formal training in safeguarding and child protection which is regularly updated. In addition, all staff should receive updates (e.g. via email, e-bulletins and staff meetings) as and when required but at least annually.

Reflecting the Government’s current concerns, Annex A sets out updated guidance on:

• children missing education;
• child sexual exploitation (“CSE”);
• so-called “honour based violence” (“HBV”) including an explanation of the mandatory reporting obligation for teachers where they discover that an act of female genital mutilation (“FGM”) has been carried out;
• forced marriages; and
• the Prevent Duty.  Paragraphs 57-76 of the revised Prevent Duty guidance set out four general themes aimed principally at schools:

1. risk assessment;
2. working in partnership;
3. staff training; and
4. IT policies.

Annex C deals with online safety.  It states that online safety training for staff should form part of a school’s safeguarding procedures.  Additionally, a risk assessment should serve to inform the appropriateness of any online filters and monitoring systems.  That said, schools should ensure that “over-blocking” of online resources does not result in unreasonable restrictions on what children can usefully be taught.

A helpful schedule setting out the various changes to the previous guidance can be found at Annex H.

It is likely that future school inspections will look for evidence that schools have put in place appropriate monitoring and filtering systems on their IT networks, as well as having the appropriate policies in place, for example, in relation to e-safety, social media and anti-bullying.

Schools should also wish to review the guidance Sexting in schools and colleges: Responding to incidents and safeguarding young people published in August 2016 by the UK Council for Child Internet Safety.

It is recommended that schools review and update their safeguarding procedures and related policies to take account of the various new guidance documents.

Meanwhile the Government is consulting on proposals to create a new legal duty to report child abuse and neglect where there is reasonable cause to suspect abuse and/or neglect. We wait to see the outcome.

Chris Hook is an associate solicitor based in Newcastle upon Tyne. He provides specialist legal advice to charities, social enterprises and educational institutions on a wide range of charity, commercial and public law matters. You may also be interested in his other articles below.

Disclaimer: This article contains information which is necessarily general.  It does not constitute legal advice.  It is essential that, before proceeding with a particular course of action, you take specialist legal advice on any relevant considerations which may apply in your specific circumstances so that you can properly assess your options and any associated risks and benefits.