The document outlines the UK’s 'Prevent Duty' legislation requiring schools to promote British values and prevent radicalization among students. It provides guidance on compliance, roles of various authorities, the risks of extremism, and expectations for schools in monitoring and training staff. Additionally, it emphasizes the need for safeguarding policies, inter-agency cooperation, and methods for assessing and documenting compliance with the duty.

2. What schools need to know

3. ‐ legislation and statutory guidance
‐ the new Act
‐ ‘prevent duty’ statutory guidance
‐ duty to promote ‘British values’
‐ compliance with the new duty
‐ impact of non-compliance
‐ Ofsted
‐ six questions

4. • Trojan Horse affair
• “three missing London schoolgirls
'travelling to Syria to join Isil” –
February 2015
• “ISIS: two more teens feared to have
fled UK to join terror group in Syria” –
April 2015

5. • Counter-terrorism and Security Act
2015
• prevent duty guidance
• Education Acts 1996 and 2002 and
Independent School Standards
Regulations 2014

6. • promoting fundamental British values –
departmental advice (November 2014)
• keeping children safe in education
(March 2015)
• S.149 Equality Act 2010 – public sector
equality duty

7. • Royal assent 12 February 2015
• S.26 places a duty on specified
authorities to have “due regard to the
need to prevent people from being
drawn into terrorism”, and challenge
extremist ideas that support or are
shared by terrorist groups

8. • schedule 6 confirms that all schools
(whether maintained or independent)
are specified authorities for the
purpose of the Act
• S.26 duty comes into force on 1 July
2015
• meaning of ‘due regard’?

9. • prevent duty statutory guidance under
s.29 of the Act
• applies to all specified authorities
including local authorities, the health
sector, the police, prison and
probation service and educational
institutions

10. • sector-specific guidance for each
specified authority. Pages 10-13
relevant for schools (excluding higher
and further education)

11. • stems back to 2011 – not new
• part of overall counter-terrorism
strategy
• aim: to reduce the threat to the UK
from terrorism or stopping people
becoming terrorists or supporting
terrorism

12. • defines extremism
• risk-based approach

13. • being drawn into terrorism includes violent
extremism and non-violent extremism which
can create an atmosphere conducive to
terrorism and can popularise views which
terrorists exploit

14. • extremism is defined as: “vocal or active
opposition to fundamental British values,
including democracy, the rule of law,
individual liberty and mutual respect and
tolerance of different faiths and beliefs. We
also include in our definition of extremism
calls for the death of members of our armed
forces” – para 7 prevent guidance

15. “all specified authorities, as a starting
point, should demonstrate an awareness
and understanding of the risk of
radicalisation in their area, institution or
body. This risk will vary greatly and can
change rapidly; but no area, institution
or body is risk free” – para 14 prevent
guidance

16. 1. leadership: understand the risk,
communicate and promote the duty,
monitor implementation

17. 2. working in partnership: evidence of
productive co-operation with other
authorities e.g. local prevent co-ordinators,
police, LAs and existing multi-agency
forums

18. 3. appropriate capabilities: ensure staff know
what measures are available to prevent
pupils from being drawn into terrorism, how
to challenge extremist ideology and obtain
support. Training is key

19. • assessed on a case-by-case basis
• necessity and proportionality
• consent
• Data Protection Act principles
• duty of confidentiality

20. • promoted through spiritual, moral,
social and cultural development
• self-knowledge, self-esteem and self-
confidence, distinguish right from
wrong, contributing to their locality
and society, further tolerance and
harmony, encourage respect for other
people and the rule of law

21. • understanding of democracy and
importance of identifying and
combatting discrimination

22. • how schools evidence compliance with
the pro-active duty is vague
‐ new/updated policies?
‐ staff training?
‐ pupil parliaments?
‐ surveys?

23. • how schools evidence compliance with
the pro-active duty is vague
‐ spy software? e.g. Impero, Future
Digital, Securus etc.
‐ workshops for parents?
‐ other?

24. • maintain appropriate records
• schools in areas of higher risk
expected to do more – regional
variations
• referral procedure (could include
Channel Panels or Children’s Social
Care)

25. • robust safeguarding policies reviewed
at least annually and when any new
guidance or legislation is published
• threshold for referrals?
• stand alone or incorporated in
safeguarding?
• what to include?

26. • clear protocols for visiting speakers
• safeguarding arrangements take into
account policies and procedures of
Local Safeguarding Children Board

27. • training for staff to give knowledge
and confidence to challenge extremist
ideas and to know where to refer
pupils for further help
• appropriate filtering levels to limit
access to specific web content

28. • Prevent Oversight Board may
recommend that the SoS use the
power of direction under s.30 of the
Act (soft sanction)

29. • this power is only used when other
options for engagement and
improvement have been exhausted and
only to ensure the implementation and
delivery of the prevent duty

30. • power of direction unlikely to be used
in context of schools
• intervention methods and threat of
Ofsted

31. • already must have regard to school’s
“approach to keeping pupils safe from
the dangers of radicalisation and
extremism, and what is done when it
is suspected that pupils are vulnerable
to these”

32. • when judging behaviour safety, “look
at the extent to which pupils are able
to understand, respond to and
calculate risk effectively, for example
risks associated with… radicalisation
and extremism and are aware of the
support available to them”

33. • regional variations
• will schools be expected to do
anything further?

34. 1. have you assessed the risk of your school’s
pupils being drawn into terrorism?
2. do your school policies (safeguarding,
curriculum, e-safety etc.) refer to the new
duty and the prevent guidance?
3. have you liaised with your LSCB to
understand how they will approach children
at risk of radicalisation?

35. 4. have your staff received appropriate
training on prevent?
5. do staff know where and how to refer
children who need further help?
6. do you have a clear policy on the use of
prayer rooms and other faith-related
activities?

36. a) guidance most reaffirms existing
requirements on schools
b) sanctions under the Act are limited
c) Ofsted’s role remains unchanged

37. • any real impact? On what schools
already do?
• check compliance and take
appropriate steps

38. Hayley Roberts | 0121 237 3994
hayley.roberts@brownejacobson.com
Please note
The information contained in these notes is based on the position at
June 2015. It does, of course, only represent a summary of the subject
matter covered and is not intended to be a substitute for detailed
advice. If you would like to discuss any of the matters covered in
further detail, our team would be happy to do so.
© Browne Jacobson LLP 2015. Browne Jacobson LLP is a limited
liability partnership.