Education law conferenceMarch 2017, NottinghamKeeping Children Safe in Education 2016

Keeping Children Safe inEducation 2016

Key changes in September guidance

22nd March, NottinghamDai Durbridge, Partner

Join the conversation #BJ_EDC

Safeguarding

• Area of growing responsibility

• Higher expectation

• Ofsted/ISI focus

• Amended guidance for September 2016

Safeguarding

Everyone’s responsibility

Everyone’s responsibility

Main point:

Part one makes it clear that safeguarding is everyone’s responsibilityand that GBs/proprietors should ensure that mechanisms are in placeto assist staff in discharging their duties (making it clear duty is onGBs/management)

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Role of the DSL (including staff training)

The DSL

The DSLExpanded role under new KCS. Now includes:

• DSL must be a senior staff member and part of SLT

• Deputies can be appointed and should be trained to DSLstandard

• Lead on Channel referrals

• Support staff who make direct referral to social care/Channel

• Responsible for transferring safeguarding file to new school

The DSL

• Prevent awareness training a requirement

• General training expectation increased:

As well as formal training (still every two years), knowledgeshould be updated (e.g. e-bulletins, meeting other DSLs, takingtime to read/digest developments) at regular intervals but atleast annually

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Staff training

Staff training

Staff training

• All staff members should undergo safeguarding and childprotection training at induction. It should be regularly updatedand in line with LSCB advice (no change)

• Knowledge updates for staff:

• As well as formal training (still every two years), knowledgeshould be updated (e.g. e-bulletins, taking time to read/digestdevelopments) at regular intervals but at least annually

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Referrals to children’s socialcare

Referrals to children’s social care

Two new items of note:

• A statement that any staff can refer directly to children’s socialcare; and

• An expectation that following a referral the DSL should presschildren's social care for reconsideration if the child’s situation isnot improving

Referrals to children’s social care

Referrals to children’s social care

Referrals to children’s social care

Any staff referring directly to children’s social care

• Not the preferred option - better to go through DSL to maintainconsistency, use their experience and expertise and achieve bestoutcomes for the child

• Encourage staff to do so

Referrals to children’s social care

An expectation that following a referral the DSL should presschildren's social care for reconsideration if the child’s situation is notimproving

• Good on the face of it• Onerous and difficult in reality• Puts pressure on the school to act• Consider the long term interagency relationships

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Online safety

IT filtering and monitoring

IT filtering and monitoring

IT filtering and monitoring

“GBs should ensure appropriate filters and monitoring systems are inplace”

• Avoid “over blocking”

• Think about your process

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Children missing education

Children missing education

Children missing education

• Higher profile because of greater concerns around CSE, FGM,extremism and forced marriage

• Missing education is a potential indicator of abuse or neglect

• CP policy should included how the school will respond to childrengoing missing from education

• Additional, more detailed DfE advice available

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Peer on peer abuse

Peer on peer abuse

Peer on peer abuse

• Peer on peer abuse now specifically mentioned

• Your CP policy should:

• include procedures to minimise peer on peer abuse and set outhow they will be investigated

• reflect the different forms peer on peer abuse can take

• make clear that it should not be tolerated/passed off as banter

Peer on peer abuse

Your CP policy should:

• set out how victims will be supported

• reflect the different gender issues, including girls beingsexually touched and boys being initiated/hazed

• reflect the schools approach to sexting

Does your policy do all of these things?

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Female Genital Mutilation

Female Genital Mutilation (FGM)

A traditional practice often carried out by a family who believe it isbeneficial and in a girl or woman’s best interests. This may limit agirl’s motivation to come forward

• All procedures involving partial or total removal of the externalfemale genitalia - illegal in the UK

• Now a mandatory reporting duty

Female Genital Mutilation (FGM)

Female Genital Mutilation (FGM)

• Legal duty upon teachers to report to the police where theydiscover that FGM has been carried out on a girl under 18

• Disciplinary sanction for failing to comply

• Should not examine the girl

• Unless good reason not to, DSL should also be informed

Female Genital Mutilation (FGM)

Female Genital Mutilation (FGM)

Core guidance, April 2016

• Risk factors• Warning signs• Indicators that it has taken

place• Annex B, pages 38-41

The key changes from September 2016

1. Role of the DSL

2. Staff training

3. Referrals to children’s social care

4. Online safety

5. Children missing education

6. Peer on peer abuse

7. FGM

8. Recruitment

Recruitment

New checks – Section 128

New checks – Section 128

• Applies to independent schools, academies and free schools

• Requires you to check whether a person is prohibited or restrictedfrom taking part in the management of the school

• Use NCTL Teacher Services’ system to check

• Add a column to the SCR

New checks – Section 128“Management” is defined as a:

• management position in an independent school, academy or freeschool as an employee;

• trustee of an academy or free school trust;

• governor or member of a proprietor body for an independentschool; or

• governor on any governing body in an independent school,academy or free school that retains or has been delegated anymanagement responsibilities.

New checks – EEA checks

New checks – EEA checks

• Applies to staff who have lived or worked overseas

• School should now check if any restrictions have been imposed byany EEA regulating body.

• NCTL Teacher Services Link is the tool to use

• Add a column to SCR

New checks – Governor DBS

New checks – Governor DBS

Maintained school governors:• Enhanced DBS required from September• No barred list check required

Independent schools, academies and free schools:• unnecessarily complex• Review paras 131-134 then read our guidance note -

https://www.brownejacobson.com/education/training-and-resources/legal-updates/2016/06/safeguarding-checks-on-academy-governors

Any questions?

Find out more

www.brownejacobson.com/education

Talk to us

Dai Durbridge| 0330 045 2105 | dai.durbridge@brownejacobson.com

Please note

The information contained in these notes is based on the position at February2017. It does, of course, only represent a summary of the subject matter coveredand is not intended to be a substitute for detailed advice. If you would like todiscuss any of the matters covered in further detail, our team would be happy todo so.

© Browne Jacobson LLP 2017. Browne Jacobson LLP is a limited liabilitypartnership.