This workshop explored safeguarding, the responsibilities of the school, and the key changes from September 2016.

1. Education law conference
March 2017, London
Keeping Children Safe in Education 2016

2. Keeping Children Safe in
Education 2016
Key changes in September guidance
1st March, London
Victoria Hatton, Solicitor
Join the conversation #BJ_EDC

3. Safeguarding
• Area of growing responsibility
• Higher expectation
• Ofsted/ISI focus
• Amended guidance for September 2016

4. Safeguarding

5. Everyone’s responsibility

6. Everyone’s responsibility
Main point:
Part one makes it clear that safeguarding is everyone’s responsibility
and that GBs/proprietors should ensure that mechanisms are in place
to assist staff in discharging their duties (making it clear duty is on
GBs/management)

7. 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

8. Role of the DSL (including staff training)

9. The DSL

10. The DSL
Expanded 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 DSL
standard
• Lead on Channel referrals
• Support staff who make direct referral to social care/Channel
• Responsible for transferring safeguarding file to new school

11. The DSL
• Prevent awareness training a requirement
• General training expectation increased:
As well as formal training (still every two years), knowledge
should be updated (e.g. e-bulletins, meeting other DSLs, taking
time to read/digest developments) at regular intervals but at
least annually

12. 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

13. Staff training

14. Staff training

15. Staff training
• All staff members should undergo safeguarding and child
protection training at induction. It should be regularly updated
and in line with LSCB advice (no change)
• Knowledge updates for staff:
• As well as formal training (still every two years), knowledge
should be updated (e.g. e-bulletins, taking time to read/digest
developments) at regular intervals but at least annually

16. 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

17. Referrals to children’s social
care

18. Referrals to children’s social care
Two new items of note:
• A statement that any staff can refer directly to children’s social
care; and
• An expectation that following a referral the DSL should press
children's social care for reconsideration if the child’s situation is
not improving

19. Referrals to children’s social care

20. Referrals to children’s social care

21. 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 maintain
consistency, use their experience and expertise and achieve best
outcomes for the child
• Encourage staff to do so

22. Referrals to children’s social care
An expectation that following a referral the DSL should press
children's social care for reconsideration if the child’s situation is not
improving
• Good on the face of it
• onerous and difficult in reality
• Puts pressure on the school to act
• Consider the long term interagency relationships

23. 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

24. Online safety

25. IT filtering and monitoring

26. IT filtering and monitoring

27. IT filtering and monitoring
“GBs should ensure appropriate filters and monitoring systems are in
place”
• Avoid “over blocking”
• Think about your process

28. 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

29. Children missing education

30. Children missing education

31. 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 children
going missing from education
• Additional, more detailed DfE advice available

32. 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

33. Peer on peer abuse

34. Peer on peer abuse

35. 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 out
how 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

36. Peer on peer abuse
Your CP policy should:
• set out how victims will be supported
• reflect the different gender issues, including girls being
sexually touched and boys being initiated/hazed
• reflect the schools approach to sexting
Does your policy do all of these things?

37. 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

38. Female Genital Mutilation

39. Female Genital Mutilation (FGM)
A traditional practice often carried out by a family who believe it is
beneficial and in a girl or woman’s best interests. This may limit a
girl’s motivation to come forward
• All procedures involving partial or total removal of the external
female genitalia - illegal in the UK
• Now a mandatory reporting duty

40. Female Genital Mutilation (FGM)

41. Female Genital Mutilation (FGM)
• Legal duty upon teachers to report to the police where they
discover 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

42. Female Genital Mutilation (FGM)

43. Female Genital Mutilation (FGM)
Core guidance, April 2016
• Risk factors
• Warning signs
• Indicators that it has taken
place
• Annex B, pages 38-41

44. 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

45. Recruitment

46. New checks – Section 128

47. New checks – Section 128
• Applies to independent schools, academies and free schools
• Requires you to check whether a person is prohibited or restricted
from taking part in the management of the school
• Use NCTL Teacher Services’ system to check
• Add a column to the SCR

48. New checks – Section 128
“Management” is defined as a:
• management position in an independent school, academy or free
school as an employee;
• trustee of an academy or free school trust;
• governor or member of a proprietor body for an independent
school; or
• governor on any governing body in an independent school,
academy or free school that retains or has been delegated any
management responsibilities.

49. New checks – EEA checks

50. New checks – EEA checks
• Applies to staff who have lived or worked overseas
• School should now check if any restrictions have been imposed by
any EEA regulating body.
• NCTL Teacher Services Link is the tool to use
• Add a column to SCR

51. New checks – Governor DBS

52. 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

53. Any questions?

54. Find out more
www.brownejacobson.com/education

55. Talk to us
Victoria Hatton | 01392 458744 | victoria.hatton@brownejacobson.com
Please note
All information correct at time of production.
The information and opinions expressed within this document are no
substitute for full legal advice. It is for guidance only and illustrates the law
as at the published date. If in doubt, please telephone us on 0370 270 6000.
© Browne Jacobson LLP 2017 – The information contained within this
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