Our annual, one day conference for school leaders helps you to keep up with the pace of change and get the most out of your employees. At this year’s conference we heard from keynote speakers Nick MacKenzie and Heather Mitchell on the changing education landscape and how employment law changes affect schools and academies. Our education and HR experts also covered the post-election employment position, restructures, pay and reward, managing misconduct, strikes and work to rule, and leadership and management judgment in respect of HR. https://www.brownejacobson.com/education/services/employment-and-human-resources

1. HR conference for school leaders
Keeping children safe in education update

2. Keeping children
safe in education
update
Key changes in September guidance
Tom Wallace, HR Consultant, Browne Jacobson LLP
11 October 2016

3. What we will cover:
•safeguarding - keeping children safe in education update
•Single Central Record
•top tips and pitfalls to avoid
•questions.

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

5. Background

6. Background
• The new keeping children safe in education statutory
guidance document came into force on 5September 2016
and will replace the July 2015 Document.
• Applies to all schools.
• A number of key changes – will need to update your SCR and
Policies.

7. Key updates

8. Section 128 Direction
• A section 128 direction prohibits or restricts a person from
taking part in the management of an independent school,
academies or free schools.
• If an individual is prohibited, they are unable to participate
in any management of an independent school, academy or
free school.
• Where the person will be engaging in regulated activity, a
DBS barred list check will also identify any section 128
direction.

9. Overseas Checks – EEA Sanction/Restriction
• Schools and colleges must make any further checks they
think appropriate so that any relevant events that occurred
outside the UK can be considered.
• Does not prevent a person from taking up a teaching position
– must consider circumstances that led to the restriction or
sanction. Similar approach to DBS conviction.
• Use: https://teacherservices.education.gov.uk/.
• Add to your SCR.

10. EEA Sanction and Prohibition Check
• The DfE have advised that these checks should be completed
for any posts a qualified teacher is applying for even if these
are support staff roles.
• The NCTL teacher services system is available to all schools
for this reason and although it is not a statutory
requirement, it remains a good tool for schools to use when
recruiting members of staff.

11. Section 128 Direction
• Add to your SCR.
• Applies to those in management roles.
• A person who is prohibited is unable to participate in any
management position – includes Board Members, Trustees
and governors.
• Barred list check will identify a section 128 check – separate
check would only be applicable for those in management
roles who do not require a DBS barred list check.

12. Is it possible to print the SCR now?

13. The DSL
Expanded role under new KCS. This 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.

14. The DSL - training
• 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.
• Same training updates expected for all staff – Use Browne
Jacobson Resources - www.brownejacobson.com/education.

15. Governors
• “Governors in maintained schools are required to have an
enhanced criminal records certificate from the DBS. It is the
responsibility of the governing body to apply for the
certificate for any of their governors who does not already
have one. Governance is not a regulated activity and so they
do not need a barred list check unless, in addition to their
governance duties, they also engage in regulated activity.”
• For further guidance on DBS checks for governors please see:
www.brownejacobson.com/education/training-and-
resources/legal-updates/2016/06/safeguarding-checks-on-
academy-governors

16. Referrals to the LA
Key paragraph:24
• ‘Encourages’ schools to press children’s services if referrals
are not having an impact
• It says:
“If after a referral the child’s situation does not appear to
be improving the designated safeguarding lead (or the
person that made the referral) should press for
reconsideration to ensure their concerns have been
addressed and, most importantly, that the child’s situation
improves.”

17. SCR and policies

18. SCR – Reminder
Who needs to be on the SCR:
• all teaching and support staff
• all other workers with regular contact with children (3 or
more occasions in a 30 day period
• agency staff and contractors
• students on work related learning (placements of 15 days or
more)
• students on regular community work ( e.g. running a football
club).

19. SCR – essential headings from September 2016
• Identity
• Qualifications
• DBS and Barred List
• Right to work
• Overseas Checks and EEA sanction Check
• Prohibition Order
• Section 128

20. SCR – Good practice headings
• Disqualification briefing/declaration - “Inspectors are not
expected to make enquiries as to whether anybody on a
school’s staff is disqualified. However, inspectors should ask
what steps the school is taking to ensure that it knows that
no existing or new staff working in the early or later years,
or concerned with the management of such provision, are
disqualified.”
• Medical clearance
• References

21. SCR – ‘Top Tips’
• No blanks
• DBS checks do not need to be re-done every three years if no
break in service or significant change in roles

22. Policies and template documents
• Update your offer letter/contract to include the above
checks as pre-conditions of the offer
• Child Protection Policy - ensure you have wording around
peer on peer abuse and an explicit mention of ‘sexting’
• Governing Bodies should ensure appropriate ICT monitors
and filters are in place and to ‘avoid over-blocking.’
• Use Browne Jacobson education team

23. Social media

24. Social media risks
• At least 959 allegations made between 2008 and 2013
• 254 led to criminal charges
• Numerous reported convictions in last 6 months or so
• Social media is a serious risk factor

25. What is your policy on social media use?
Safeguarding policies
34. Governing policies and proprietors should ensure there is an effective protection
policy in place together with a staff behaviour policy (sometimes called the code
of conduct) which should amongst other things, include staff / pupil relationships
and communications, including the use of social media. 11
11. When drafting staff behaviour policy, schools and colleges should bear in mind
the offence under section 16 of The Sexual Offences Act 2003, which provides
that it is an offence for a person aged 18 or over (e.g. teacher or youth worker
to have a sexual relationship with a child under 18 where that person is in a
position of trust in respect of that child, even if the relationship is consensual. A
situation where a person is in a position of trust could arise where the child is in
full-time education and the person looks after children under 18 in the same
establishment as the child, even if s/he does not teach the child.

26. Social media risks
• Are you confident that staff do not have social media
contact/relationships with students?
• How do you enforce the policy?
• How can you influence them about social media presence
generally?

27. Social networking – profile pictures
What do they say
about your
staff/school?

28. Social networking
• Staff profile pictures
• Staff posts
• Open privacy settings
• Posting and tagging by friends
• Your online comments

29. Any questions?

30. Further information
www.brownejacobson.com/education

31. Contact us
Tom Wallace
020 7871 8513
tom.wallace@brownejacobson.com
www.brownejacobson.com/education
Please note
The information contained in these notes is based on the position at March 2016 . 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 2016. Browne Jacobson LLP is a limited liability partnership.